Contaminated Land Forms and Guidance
The wording and requirements of the contaminated land conditions vary according to the potential risk posed by contamination, the development proposal and any information (such as contaminated land reports) received at pre-planning stage. However, information and guidance relating to the Councils standard contaminated land conditions is detailed below.
It is essential that developers check the decision notices of all planning approvals to determine (1) whether a contaminated land condition has been attached and (2) if so, what the requirements of this condition are.
CLS1B Main Contaminated Land Conditions
These are generally attached to the decision notices of planning approvals for new, large scale developments and / or sites which have been identified as having a potentially contaminating former or current use (for example: a large residential development on an old industrial site etc)
The Council has produced a local ‘Guidance Document for Applicants, Land Owners and Consultants in relation to Ground Investigation’, which contains further information on the standard wording and requirements of the CLS1B conditions. Please click on the link below to download this document.
CLS2A Contaminated Land Condition
This is generally attached to the decision notices of planning approvals for small scale developments (usually two houses or less) with no apparent former potentially contaminating use (for example: a new house being built in the garden of an existing property etc).
The Councils ‘Guidance Document for Applicants, Developers, Land Owners and their Agents in Relation to Land Contamination and Small Residential Developments’, which contains information on this condition and the CLS2A Contaminated land Screening Form that needs to be completed in relation to it can be downloaded from the links below.
CLS2B Contaminated Land Condition
This is generally attached to the decision notices of planning approvals for change of use applications where the proposed end use of the development is more sensitive (for example: the conversion of a public house to residential apartments etc).
Please click on the links below to download the Councils ‘Guidance Document for Applicants, Developers, Land Owners and their Agents in Relation to Land Contamination and the Conversion of Existing Buildings to Small Residential Developments’ and the CLS2B Contaminated Land Screening Form that needs to be completed in relation to this condition.
CLS3B Ground Gas Condition
This is generally attached to the decision notices of planning approvals for new extensions / conservatories and garage conversions identified as being on or within close proximity to a potential source of landfill / ground / mine gas.
Answers to a number of frequently asked questions about ground gas and this condition and the CLS3B Ground Gas Screening Form that needs to be completed in relation to it can be downloaded from the links below.
Alternatively, copies of all guidance documents and forms can be obtained by contacting the Councils Environmental Protection Unit on 0161 342 3680 / 2691.
Formal submission of contaminated land reports and completed forms
All information and reporting relating to the discharge of contaminated land conditions (both pre-commencement requirements and discharge in full) must now be submitted, together with an ‘Approval of Details Reserved By Condition Application’, or ‘Formal Discharge of Planning Condition’ to the Councils Planning Department via the planning portal (www.planningportal.co.uk). The Planning Department will then consult directly with the Environmental Protection Unit (who, if necessary, will contact applicants / developers and their agents).
The Environmental Protection Unit does not respond to information / reporting where (1) it has been sent directly to Contaminated Land Officers and / or (2) a discharge application has not been submitted to the Councils Planning Department.
Due to the technical and complex nature of contaminated land issues, we strongly advise that developers employ a suitably qualified, experienced and competent environmental consultant(s) to provide advice on and address the requirements of any contaminated land conditions. This should help to ensure that all works carried out and reports produced are of an appropriate standard.
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.