Planning Applications
Where land contamination is known or suspected, planning conditions are usually attached to the planning approval (permission) requiring risk assessment and/or ground gas risk assessment.
Applicants making a planning application may be required to submit a preliminary land contamination risk assessment with planning applications for all major development and for smaller scale sensitive development where contamination is known or suspected to be present.
If you are aware of a potentially contaminative land use on, or formerly on, your planning site, you should always tick the required box(es) in the 'existing use' section of your application.
Planning Conditions
Planning conditions have been utilised by Dudley Council to ensure developments are protected from land contamination and ground gas risks since the 1990s.
For developments since this time, Dudley Council may hold records of planning approvals where land contamination and/or ground gas risk were required to be assessed and if remediation was undertaken.
Information about the planning history of a site and whether the requirements of planning conditions have been met is available from Planning Services.
Managing land contamination risk through the planning process
Land contamination is a 'material planning consideration' for sites known or suspected to be contaminated. A material planning consideration is a matter that should be taken into account in deciding a planning application or an appeal against a planning decision. This means the Local Planning Authority (LPA) should consider the potential implications of land contamination when considering applications for planning permission, and in the Local Plan, Spatial Strategy and associated policies.
For recent developments, land contamination risk should be considered and managed as part of the planning and development process. Where contaminated land and/or ground gas risk is present, planning conditions may also require remediation to be carried out and a verification report submitted.
A verification report provides a complete record of all remediation activities on site and demonstrates compliance with agreed remediation objectives and criteria. Usually, land contamination and/or ground gas conditions should be discharged before development commences or before first occupation.
Details of land contamination planning conditions are in the Planning Application Decision Notice.
Planning and Building Regulations are separate regimes and consequently, you may need to submit the same information separately to both Planning Services and your Building Inspector.
