The Department for Communities and Local Government has circulated amongst Chief Planning Officers details of new Model Planning Conditions for Development on Contaminated Land.

The five conditions are:

1. Site Characterisation - investigation and risk assessment to assess the nature and extent of any contamination on the site, whether or not it originates on the site.
2. Submission of Remediation Scheme – a scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment. This is subject to the approval in writing of the Local Planning Authority.
3. Implementation of Approved Remediation Scheme – implementation of the remediation scheme must be carried out before development can start.
4. Reporting of Unexpected Contamination – if uinexpected contamination is found during development it must be reported in writing immediately to the Local Planning Authority. Steps 1 – 3 above may then need be followed.
5. Long Term Monitoring and Maintenance – a scheme must be put in place to monitor and maintain the effectiveness of the remediation.

These model conditions are intended to implement PPS23: Planning and Pollution Control.

PPS23 Annex 2 advises that local planning authorities should consider the use of three-stage conditions. Model conditions 1 – 3 follow this approach.

Annex 2 also advises that local planning authorities should consider imposing a condition in respect to the possibility of unsuspected contamination being discovered during the course of the development. Model condition 4 is for this.

Finally, Annex 2 also advises that the use of a condition may be appropriate in respect of subsequent monitoring. Model condition 5 is intended for this.

The Environment Agency has published a revised draft of the guidance ‘The Determination of Hydrocarbon Compounds in Soils and Associated Materials.’

The guidance states that “given the complex nature of this group of compounds, there is no single method that is suitable for determining all hydrocarbon compounds in the environment. The result that is reported will depend upon the method used in the determination.”

The guidance, therefore, sets out three methods for analysing soils, sediments and similar samples depending on the matrix of the sample and the hydrocarbon compounds determined.

The National House-Building Council, the Environment Agency and the Chartered Institute of Environmental Health have published ‘Guidance for the Safe Development of Housing on Land Affected by Contamination.’ The guidance updates and replaces ‘R&D66.’

The guidance provides advice for developers, regulators and their specialist advisors. It aims to promote good practice and provides templates and worked examples.

While focussing on housing development, the guidance is also applicable for any development proposed on brownfield or greenfield land affected by contamination.