Part One: Spatial Strategy and Policies (Regulation 19)
Land Contamination
19.6. This policy ensures that issues related to land contamination are considered and addressed as part of new development proposals.
Policy DLP85 Land Contamination Comment
- A preliminary risk assessment of land contamination is required at the planning application stage for all major development and for smaller scale sensitive development where contamination is known or suspected to be present.
- Where a satisfactory preliminary risk assessment identifies it is necessary, a generic quantitative risk assessment is also required at the planning application stage.
- Where planning permission is granted, conditions may be placed which require the applicant to undertake further action in relation to:
- provision of a risk assessment.
- formulation of a sustainable remediation options appraisal and remediation strategy.
- implementation and verification of the approved remediation strategy.
- the sustainable remediation of land contamination not previously identified.
- Long term monitoring and/or maintenance of remedial measures where identified as being required.
- The requirements of criteria 1– 3 must be undertaken in line with best practice guidance and by a competent person as defined in the UK Government Land Contamination Risk Management (LCRM) guidance, NPPF and PPG.
Justification
19.7. As the historic capital of the Black Country, the Dudley Borough is an intensely industrialised area that was at the forefront of the industrial revolution. Due to human activities involving the use, manufacture, storage and disposal of substances, numerous sites have become contaminated. The type of contamination varies widely from site to site and is specific to the previous use. Some of the more common contaminants encountered include arsenic, lead, asbestos, petrol and diesel, solvents, and ground gases such as methane and carbon dioxide. The Council has powers under Part 2A of the Environmental Protection Act 1990 to inspect potential areas of Contaminated Land in line with its Contaminated Land Strategy. However, these regulations should not usually apply to the planning regime. Instead, land contamination must be addressed during development in line with planning policies and guidance.
