Most sites are remediated as they are redeveloped. A condition is placed within the planning permission to deal with the contamination and any risk. In order to discharge such a condition, sufficient information will need to be submitted to show that the potential risks have been identified and assessed. Validation of any remediation work will also be required.

If you are the owner or developer of a site, it is your responsibility to investigate and address any contamination issues and ensure that the proposed development is safe and suitable for use.

If your development is for a sensitive end use such as housing, or you are developing land that has had past industrial use, it is likely that you will need to provide a contaminated land risk assessment as part of your planning application.

A Phase 1 desk study report must be submitted with the planning application if:

• there is reason to suspect that contamination could impact on the proposed development,
• the proposed end use is considered vulnerable for example, residential uses, allotments, schools, nurseries, children’s play areas, playing fields.

Depending on the outcome of the Phase 1 desk study, a Phase 2 (site investigation) report and remediation statement may also be required in support of the application.

The YALPAG Development on Land Effected by Contamination V12.2 will give you more information about what you need to submit with your planning application. Please contact us if you would like to discuss the information you need to submit.

When considering remediation of a site you may also need to show you have taken appropriate steps to protect people from contamination by using gas protection systems or using a cover system. Additional technical guidance from YALPAG is available vai the Verification Requirements for Gas Protection Systems (opens in a new window) and Verification Requirements for Cover Systems (opens in a new window).

Submitting a planning application

When you are considering developing a potentially contaminated site you must follow these steps when applying for planning permission:

• make sure the question on existing use on the planning application form has been correctly filled in,
• ensure you have submitted the correct remediation and verification information to show that the site is suitable for use.

We would also encourage you to:

• raise land contamination issues at an early stage and discuss them with us,
• agree the scope of the site investigation works with us,
• include information about remediation in the deeds to individual properties, in particular where cover systems have been used and where buildings include gas protection measures.

NB: It is the responsibility of the developer to ensure that the land is safe for the intended use.