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Planning and development

The Environmental Health Department is a consultee to planning applications that may be affected by land contamination

Where land contamination is known or suspected, Derbyshire Dales normally applies the model planning conditions recommended by the Department for Communities and Local Government.

Where it is identified that remediation is required, the developer is required to submit a validation or verification report relating to the site. The Environment Agency has produced guidance on the verification of remediation of land contamination.

At all times it is the responsibility of the developer to ensure that a site is suitable for its proposed new use, irrespective of whether a planning condition has been applied. The remediation of land affected by contamination should secure the removal of unacceptable risk and make the site suitable for its new use. After completing any remediation associated with the development, the land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990.

Soil Guideline Values and Generic Assessment Criteria

All reports submitted in connection with a planning application must refer to the latest guidance from the Environment Agency and the most up to date soil guideline values. Reports will be rejected that refer to now withdrawn guideline values. Reports may use alternate assessment criteria provided they have used robust scientific data and have been derived using a UK relevant risk assessment model e.g. CLEA .

Due to the current and ongoing changes to the contaminated land regime, reports submitted in connection with a planning application must be as up to date as possible and reports that are more than 12 months old will be requested to be updated to take account of current guidance. If a report such as a site investigation is submitted with a planning application and development does not commence for some years, it is likely that a developer will be asked to review the report in light of current guidance prior to commencing work on site.

Where can I find a consultant to undertake this work?

Developers should always retain a suitably qualified consultant to undertake the required site investigation and interpretation of results.

Environmental consultants can be found in the Yellow Pages or on the ENDS directory. We are unable to recommend any consultants, although you may enquire if a consultant you are thinking of employing has previously submitted reports to us. You should make the consultant aware of the specific wording of any planning condition.

There is no certainty that a hired consultant will undertake a desk study or site investigation to the required standard. You should obtain a number of quotes from different companies, and check that they have done similar work before and are aware of the guidance documents listed at the top of this page. You are entitled to ask to see previous reports they have prepared or to enquire about the qualifications of members of staff who will be undertaking any work. If you are concerned about the work the consultant is proposing to undertake, please contact the Pollution Control Officer to discuss this.

Additional advice for developers can be obtained from YALPAC the Yorkshire and Lincolnshire Pollution Advisory Group.

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