Contaminated Land
12.19 The Council is required to prepare a contaminated land strategy document Under Part IIA of the Environmental Protection Act (1990), and, along with other parties, deal with contaminated land. The Calderdale Contaminated Land Strategy (2001) has been prepared. This outlines a method by which contaminated land in Calderdale will be identified. The Council will seek to secure improvement and reclamation of the areas identified.
12.20 The development of ‘previously developed land’ is an important element of the Plan to achieve regeneration and sustainable development objectives. Where it is known or strongly suspected that land is contaminated, developers will be expected to carry out a site assessment and submit a report of the findings in order to establish the nature and extent of contamination, prior to or as a condition of the grant of planning permission. Where problems exist, permission will only be granted where it can be shown the contaminant will not cause a threat to health, safety or the environment following remedial measures. Any contamination that causes a threat will need to be dealt with before the development takes place, in accordance with a scheme to be agreed with the Council. The following Policy will apply:-
Policy EP 9
Development of Contaminated Sites
An applicant proposing development on a site where there is contamination or there is good reason to believe that contamination may exist, will be required to carry out a site contamination survey and prepare and supply to the Council, a report outlining the results of the survey and identifying any remediation measures that are required.
Development will not be permitted unless practical and effective site measures can be carried out without placing the development and its users and adjoining land at risk.
Permission for development will be conditioned to ensure the approved remediation measures are completed prior to the commencement of any development.
12.21 On sites where there is only a possibility that contamination might exist, or contamination is known to be minor, planning permission may be granted. In these cases, conditions will be attached to ensure that development does not take place until a site investigation has been carried out and measures are in place to remove the contamination problems. The following Policy will therefore apply:-
Policy EP 10
Development of Sites with Potential Contamination
Development will be permitted on sites where there is minor contamination or a slight possibility of contamination. Any planning permission will be conditional to ensure that:-- the applicant carries out a site contamination survey and prepares and supplies to the Council, a report outlining the results of the survey and identifying any remediation measures that are required; and
- approved remediation measures are completed prior to the commencement of any development.