Guide to considering contaminated land in the planning process Version 0.02

Transcription

1 Guide to considering contaminated land in the planning process Version 0.02 March 2011

2 Table of contents Introduction Outlines the intent of this guidance and defines key terms Required information Outlines the information that is required at relevant stages of application depending upon the scale of development Planning decision Potential outcomes of the planning application process Possible scenario Case study Flow chart Overview of the process Appendix A Sensitive development questionnaire Appendix B Information required from a non-interpretive report Guide to considering contaminated land in the planning process 2

3 Guide to considering contaminated land in the planning process 1 Introduction 1.1 Planning Policy Statement 23: Planning and Pollution Control (PPS23) section 2.27 states On a precautionary basis, the possibility of contamination should be assumed when considering both development plans and individual planning applications in relation to all land subject to or adjacent to previous industrial use and also where uses are being considered that are particularly sensitive to contamination e.g. housing, schools, hospitals, children s play areas. It also states that where development is proposed, the developer is responsible for ensuring that development is safe and suitable for the purpose for which it is intended. From April 2008, all planning applications have used the new national 1App planning application form. Section 15 (Existing Use) of the 1App form highlights the requirements of PPS 23 and asks a number of questions about the former and existing use of the site. When preparing a planning application the following questions must therefore be addressed and answered yes or no on the form: 1.2 Land which is known to be contaminated This includes sites where there may be existing reports indicating that the site is not suitable for use or local knowledge that it is contaminated. 1.3 Land where contamination is suspected for all or part of the site This would include a development on or near land which has had a previous potentially contaminative use, but there is no actual knowledge of land contamination issues. Further information on potential contaminative activities can be found in the Department of Environment Industry Profiles. (DoE, 1995) and also in PPS 23. Public Health and Protection hold some limited information on potential contaminative uses and where they may be located in the county, but is not definitive or comprehensive. It is envisaged that the quality of this data will improve over time as the authority proceeds with its contaminated land inspection strategy under Part IIA of the Environmental Protection Act Guide to considering contaminated land in the planning process 3

4 1.4 A proposed use that would be particularly vulnerable to contamination This would include any residential building, schools, nurseries, allotments and playing fields/recreation areas. For residential buildings, this will include any development which increases the occupancy and the footprint of the current building. Extensions, conservatories, outbuildings and garages which do not increase the occupancy of the current building will be not be considered vulnerable, unless there is a specific known land contamination issue. It should be noted that contamination is not just restricted to land with previous industrial use; it can occur on green field sites as well. 2.0 Required Information If the answer to any of the above questions is Yes, then an appropriate contamination assessment must be submitted with the planning application (figure 2 summarises the procedure). PPS 23 states that where contamination is known or suspected or the proposed use would be particularly vulnerable, LPAs should require the applicant to provide with the application such information as is necessary to determine whether the proposed development can proceed. The level of information required will depend on the circumstances of the site and the nature of the proposed development. This advice note sets what information is considered proportionate to meet the requirements of PPS 23. Land in the vicinity around the site may also have to be considered as there is potential for contaminants to migrate laterally off site. The information requirements are outlined in Table 1.0. Submitting this information with the application will enable it to be considered sooner than would otherwise be the case. It could also avoid the need to impose certain planning conditions if permission were to be granted The first stage of assessing a site for contamination is to establish the former uses of the site and its surroundings, undertake a walkover survey and collect information about the physical state of the site. If there is known or suspected contamination at your site specialist officers from the Public Health and Protection team of Cornwall Council should be consulted at an early stage. If contamination is suspected at this stage then it is likely that the applicant will require the services of suitably qualified consultant. Guide to considering contaminated land in the planning process 4

5 Table 1 Minimum requirements for contamination assessments No suspected or known contamination (e.g. no suspected / previous industrial history, a true Greenfield site) Minor development* Small scale vulnerable development* Large scale vulnerable development* Commercial development Contamination suspected Contamination known *See Table 2 for description of types of development Table 2 Types of development Minor developments at domestic premises Porches Conservatories Small extensions to sensitive end use premises (householder applications only) Erection of non domestic outbuildings Small scale vulnerable developments (para 1.4) Residential development 1 to 5 dwellings Gardens Mixed use developments including a sensitive end use (see para 1.1) Large extensions to sensitive end use premises (requiring full application) Holiday Lets Barn Conversions (treated as residential) Large scale vulnerable developments Residential development of over 5 dwellings Schools Play areas Hospitals Allotments Guide to considering contaminated land in the planning process 5

6 2.5 Once submitted to planning the application has to be checked ( validated ) before being accepted as duly made. In cases where the Council has reason to suspect that the degree of contamination may be more serious than the applicant has considered it to be, then further information may be requested before the application is validated. 2.6 Requirement 1 As a minimum the developer should provide a Phase 1 desk study with the planning application. This should include desk based study (which looks at all the available historical and environmental information, a site walkover and the generation of a conceptual model of the site identifying the potential sources and receptors at the site. The minimum requirements for a Phase 1 desk study can be found in the Guidance for the Redevelopment of Contaminated Sites document produced by Cornwall Council. If the desk study indicates that there potential pollutant linkages on the site then further intrusive investigations will be required in line with CLR 11 Model Procedures for the Management of Contaminated Land. 2.7 Requirement 2 As a minimum the applicant must include a completed copy of our sensitive development questionnaire (Appendix A) accompanied by a non interpretive environmental report with the planning application (see Appendix B for minimum requirements). Non interpretive environmental reports are commonly available, inexpensive and are a valuable information source in environmental assessment. If any potential sources are picked up from this information then a more formal phased investigation, starting with a formal Phase 1 will be required. 2.8 Requirement 3 A contamination assessment is not required with the planning application. 3.0 Planning Decision When the application is decided, the application will be refused, granted with conditions or granted without conditions. If the application is granted with conditions relating to land contamination then further information will be required usually before commencement of development. In some cases further information will be required prior to the decision date if it is deemed that there are significant risks to the development from contamination. These situations will be looked at on a case by case basis and an officer from Public Health and Protection will be able to advise accordingly. Guide to considering contaminated land in the planning process 6

7 4.0 Possible scenario Barn conversion An applicant has put in application to convert a former agricultural barn into a residential dwelling. There are no known or suspected areas of contamination in the vicinity of the proposed development. However, as this is a residential development this would qualify as a sensitive development Although not immediately obvious, former barns could contain potential sources of contamination depending on what they were used for in the past such as: Pesticides Fuels and oils Slurry tanks and pits Fire sites Animal burial pits or other buried waste Fertiliser Sheep dip pits Asbestos Old machinery Waste chemical drums Ammunition The applicant would be asked to assess the site using the sensitive development questionnaire and provide the necessary information to the Council as part of the planning application. Guide to considering contaminated land in the planning process 7

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9 Site Address Appendix A - Sensitive Development Questionnaire Completed by (print name) Completed (signed) Date Completed Q1. Please give a brief description of the site and its buildings Q2. Please describe the type of land usage surrounding your site (or attach photo). North: East: West: South: Q3. Are there any fuel storage facilities on site including underground and above ground petrol, diesel or heating oil tanks? If then please describe and include photo Q4. Are there any areas of the site where waste disposal has occurred in the past (This will include empty drums or spare machinery parts) or areas where bonfires or incineration has taken place? If then please describe and include photo Guide to considering contaminated land in the planning process 9

10 Q5. Are there any infilled pits on ponds on the site? If then please describe and include photo Q6. Are there any electrical sub stations on your site or fuel lines crossing your property? If then please describe and include photo Q7a. Are there any former sheep dip facilities on your site? If then please describe and include photo Q7b. Is there any staining, smells or other evidence of spillages or contamination on your site? If then please describe and include photo Q7c. Is your site located within 100m of a former mine site or waste tip; or within 50m of a railway track or sidings? If then please describe Guide to considering contaminated land in the planning process 10

11 Q8. Please give a brief description of the drainage at your property, please mention if you have any soakaways or interceptors at your site. Q8. Any further relevant information? Q9. Supporting information Please ensure you include the following with this form: Non interpretive environmental report (see guidance document) Please Tick Guide to considering contaminated land in the planning process 11

12 Appendix B Information Required from a Non Interpretive Environmental Report 1 Site History A review of : a) Large Scale OS Maps (25 County series & 1:2500 maps) b) Small Scale OS Maps (6 County series&1:10000) 2 Environmental Setting a) Mining information b) Surface Water Bodies (inc classification) c) SSSI s and other protected locations 3 Environment Agencies Water a) River quality within 250m of site b) Discharge to Controlled Water within 250m of site c) Discharge to Sewer Consents within 250m of site. d) Prosecutions under Water Resources Act 1991 within 250m of site. e) Records of pollution events on/in vicinity of site 4 Environment Agencies PPC Processes and Radioactive substances a) IPC Authorisations within 250m of site b) Radioactive substances Authorisations within 250m of site. c) Trade Effluent Discharge Consents within 250m d) Enforcement and Prohibition notices within 250m e) Prosecutions within 250m f) Authorisation Revocations within 250m 5 Environment Agency - Waste a) Landfill sites and Waste disposal sites within 500m of site b) Waste Transfer Station within 250m c) Register of Scrap Metal Dealers within 250m d) Closed Landfill sites within 500m e) Hazardous Substances Authority Register within 500m f) Type of waste accepted by those sites Guide to considering contaminated land in the planning process 12