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Planning and Development Control
Many land contamination problems are dealt with through
planning and development controls.
The relevant planning authority has to consider the
potential implications of contamination when considering
individual applications for planning permission.
Planning permission may only be granted subject to remediation
requirements set by the local authority, on the basis
of both the current use and circumstances of the land
and its proposed new use.
In addition the Building Regulations 1991 may
require measures to be taken to protect the fabric of
new buildings, and their future occupants from the effects
of contamination caused by substances found on or in
the ground covered by the building
Planning
Policy Guidance Notes
Planning
Permission A Guide For Business
Pollution Control Regulations
(IPC/IPPC)
Part 1 of the EPA 1990 established an integrated pollution
control (IPC) regime, under which regulators (Environment
Agency) controlled releases from installations covered
by its remit to land air and water through prior
permitting and had the power to enforce action to remedy
harm.
Part 1 of the EPA 1990 is now gradually being replaced
by the Pollution Prevention
Control Regulations which came into force in August
2000 and implement The EC Integrated Pollution Prevention
Control (IPPC) directive. The new regime takes into
account a wider range of environmental impacts including
site restoration.
When an installation covered under the remit of the
IPPC closes and operator should apply to surrender a
permit. The operator is required to identify any steps
that have been taken to avoid any pollution risk resulting
from the operation of the installation or return it
to a satisfactory state.
The operator must satisfy the regulator that they have
removed any pollution risk and restored the
site to a satisfactory state before the regulator
accepts the surrender and give the operator notice of
its determination
Land Remediation
Risks presented by any given level of contamination
will vary greatly according to the use of land and a
wide range of other factors. Part
IIA legislation takes this into account and limits
the requirements for remediation to the work necessary
to prevent unacceptable risks to human health or the
environment ensuring that the land is suitable for
its current use or for any new use for which planning
permission is being sought.
Remediation techniques may consist simply of removing
contaminants to a licensed landfill site, however, where
this is not practical the contaminated area maybe contained
or treated on site
| Links to further
Information |
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DEFRA
Land Quality Team
Clarinet:
Contaminated Land Rehabilitation Network For Environmental
Technologies
Claire:
Contaminated Land: Application in Real Environment
r3
Environmental Technology Ltd environmental research
and development consultancy
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