Unstable Land

12.22 There are areas of land, which may be of concern to developers, owners or occupiers of sites because of their unstable or potentially unstable nature. PPG 14 ' Development on Unstable Land' (1990, Annex 1 1996 and Annex 2 2002) gives guidance on the development of such land.

12.23 Instability can occur as a result of past geological history including the geological structure and characteristics of the area, and/or the subsequent actions of man on the land, for instance from quarrying, mining, tipping or engineering operations. In Calderdale, much movement occurred in the geological past, for instance in the Ice Age, but there has been little more recent movement on these sites. In respect of the solid geology of Calderdale, this is made up of Lower Coal Measures Strata, overlain by glacial and other superficial deposits. This succession of gritstones, sandstones, shales and clays can itself lead to movement or slippage, and there is evidence of such activity, for instance around Todmorden. PPG14 requires local planning authorities in their development plans to make information on potentially unstable land available to the public. This is particularly important so that landowners, occupiers and developers can become aware of the issue and can, as a result respond to any actual or perceived risk at the appropriate time.

12.24 The British Geological Survey (BGS) carried out a survey of landslips and areas of potential instability for the Council in 1998 and the identified areas are shown on the Proposals Map. The BGS put together the information using a combination of geological maps, aerial photographs, site inspections and historical and current soft information. The BGS point out that the database of information: -

  • must not be relied upon as a source of detailed information about specific areas, or as a substitute for site investigations or ground survey;
  • areas not recorded in the survey may be subject to movement in the future.
  • users must satisfy themselves, by seeking appropriate professional advice or carrying out ground surveys and site investigations, if necessary, that ground conditions are suitable for any particular land-use or development.

It should be noted that the designations on the Proposals Map shows both modern (active or potentially active unstable land) and historical landslides where no evidence of current or potential movement is visible or known. Information provided by the BGS is available in Planning Services to help identify the classification of instability and will be provided on request.

12.25 Showing the broad areas of past and potential instability in Calderdale will raise awareness of the need for landowners and developers to fully investigate the situation on sites and buildings in bringing forward development proposals. Other property owners, e.g. householders, might be concerned at the publication of this material in the belief that it could, for instance, reduce property values or increase insurance premiums, where there is no evidence of current or recent instability. As previously stated, the survey information makes the distinction between active areas of instability and areas of historical movement where there is no evidence of current activity. Where there is no evidence of movement, property owners should not feel any due concern, but it is nevertheless appropriate to have the information publicly available and give, for instance, prospective purchasers the opportunity to carry out any necessary checks that they think fit.

12.26 It should be noted that the information shown on the Proposals Map is a reproduction of information at a given time. The BGS are constantly updating and reviewing their classifications. It is not possible for the Proposals Map to be kept up to date with this ever changing information. The BGS supply the Council with updated information, and this should also be referred to in considering issues of land stability. It may be that some sites shown on the Proposals Map are no longer recognised by the BGS as having land stability problems, whilst others may now be so classified. Whilst it is considered appropriate for the Proposals Map to incorporate the evidence available at the time it was prepared relating to unstable land, it is also the case that where new information comes forward relating to land stability then the most recent information should be taken to prevail.

12.27 The following Policy will therefore apply:-

Policy EP 11

Development on Potentially Unstable Land

Areas of potentially unstable land are defined on the Proposals Map.

An applicant proposing development within an area of potentially unstable land or a site bounded by potentially unstable land will be required to prepare a stability report, assessing the nature and scale of any stability problems and identifying any measures required to overcome the problems, and submit the findings to the Council for consideration. Development will not be permitted unless there are acceptable proposals for remedying any identified problems.

Permission for acceptable development will be conditioned to ensure the approved remediation measures are completed prior to the commencement of any development.

NOTE: The Proposals Map designations are subject to review and change as a result of more recent survey information coming forward from the British Geological Survey (BGS). Where there is a discrepancy between the published Proposals Map and the latest information arising from the BGS, the more recent information will prevail.

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