Planning and Building Control

CLS1 - “A desk based survey to determine whether the site is contaminated shall be undertaken, submitted to and approved in writing by the Council. Prior to any physical site investigation being undertaken to determine whether the site is contaminated a methodology for the survey shall be first agreed with the Council. The physical site investigation shall include an assessment to identify the extent and type of any contamination and where necessary a programme of remedial measures to avoid risk to the public/buildings/environment when the site is developed. Any remedial measures approved in the survey and where requested by the Council in a remediation statement shall be implemented prior to the commencement of the development or as otherwise prescribed in the approved implementation programme. Upon completion of the approved remedial measures a site completion report will be provided to the satisfaction of the Council including conclusive evidence that remedial measures have been implemented and the site is suitable for its intended use. The discharge of this planning condition will be given in writing by the Council on completion of the development and once all information specified within this condition and other requested information have been provided to the satisfaction of the Council. Any additional or unforeseen contamination encountered during the development of the site shall be notified to the Council as soon as is practicable. Subsequently a scheme to deal with this contamination shall be submitted to and approved in writing by the Council and shall be undertaken to the satisfaction of the Council. The applicant/developer is requested to contact the Council’s Environmental Protection Unit (Tel: 0161 342 2691) as soon as is practicable should contamination be encountered during the development of the site. A guide to what a survey and remediation scheme should include is provided in the attached Guidance Note on Contaminated Land.”

CLS2 - Details of the nature of ground conditions at the site shall be submitted to and approved in writing by the Council prior to the commencement of development. Where necessary sufficient historical information will be provided to identify whether or not there has been any potential contaminative land use. Details of ground conditions may include a programme of analysis of soils, waters and ground gas to be agreed with the Local Authority. If contamination is encountered at the development site a scheme to deal with it shall be submitted to and approved in writing by the Council. The scheme to deal with contamination will be implemented and a completion report provided to the satisfaction of the Council. This needs to demonstrate that the development site is suitable for its intended use before the commencement of development. The discharge of this planning condition will be given in writing by the Council on completion of the development and once all information specified within this condition and other requested information have been provided to the satisfaction of the Council. The applicant/developer is requested to contact the Council’s Environmental Protection Unit (Tel: 0161 342 2691) as soon as is practicable should contamination be encountered during the development of the site. A guide to what details of ground conditions and historical information should be included is provided in the attached Guidance Note on Contaminated Land.

CLS3 - The property lies within influencing distance of a former landfill waste disposal site/source of ground gas and there is a possibility of risk from migrating landfill/ground gas. The development shall be constructed in such a way as to prevent gas from entering the structure and allowing for ventilation of all potential gas collecting areas. Alternatively the applicant should demonstrate that a landfill gas/ground gas problem is not present and will not arise in the future. The same precautions should also be taken for any future extensions and outbuildings. An agreed scheme to deal with and/or investigate landfill/ground gas shall be submitted to and approved in writing by the Council and will be implemented and a completion statement provided to the satisfaction of the Council. This needs to demonstrate that development is suitable for its intended use. The discharge of this planning condition will be given in writing by the Council on completion of the development and once all information specified within this condition and other requested information have been provided to the satisfaction of the Council. The applicant/developer is requested to contact the Council’s Environmental Protection Unit (Tel: 0161 342 2691) as soon as is practicable should contamination be encountered during the development of the site.

NCONT1 - The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by this Authority, lies with the owner/developer of the site. The applicant/developer is requested to contact the Council’s Environmental Protection Unit (Tel: 0161 342 2691) as soon as is practicable should contamination be encountered during the development of the site.

NCONT2 and NCONT7 - The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by this Authority, lies with the owner/developer of the site. The applicant/developer is requested to contact the Council’s Environmental Protection Unit (Tel: 0161 342 2691) as soon as is practicable should contamination be encountered during the development of the site. Historical searches undertaken by the Council as part of the planning process have identified a former potentially contaminative use (i.e. may be a former industrial use, an infilled feature such as a pond, etc.) that may effect the development site. You need to ensure that your builder and the Building Control Officer dealing with the development are aware of this so that appropriate precautions may be taken to protect the developer, the public, the environment and the proposed development from potential contamination issues.

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.

The following disclaimer applies to all planning correspondence and any decisions made by the Council during the planning process.

"The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by this Authority, lies with the owner/developer of the site."