Additional Information on No Conditions Attached to a Planning Application
Contaminated Land
Additional Information on No Conditions Attached to a Planning Application
Where no condition is attached to a planning application, the developer must still ensure that they deal with any contaminated land issues. Failure to deal with contaminated land issues during the development stage may result in land being designated as 'contaminated land' under Part IIA of the Environmental Protection Act 1990. |
Situations may arise were a development is not covered by an appropriate condition dealing with contaminated land issues. In these situations the Council must consider whether action under Part IIA of the Environmental Protection 1990 (contaminated land regime) is appropriate.
Where the Council is not satisfied that contaminated land issues will be dealt with were no condition is attached to the decision notice of an application, the Council needs to take action under the contaminated land regime.
Where an appropriate contaminated land condition does not apply to a development the Council will seek the developers assurance that they will deal with a development as if a contaminated land condition applied. Where this assurance is given, as long as contaminated land issues are dealt with appropriately, action will not be sort under the contaminated land regime.