The principle question must be is potentially contaminated land a 'material
consideration' to the planning authority? Yes of course it is I would refer
to PG23 and the 'suitable for use' approach. The Statutory Guidance on Part
IIA: Planning and Development states that the planning authority should
satisfy itself that the potential for contamination is properly assessed,
and development incorporates any necessary remediation. It is also
incumbent on the planning authority to consider the risks from existing
contamination of a site, the potential risk from development works, and/or a
proposed use, to contaminate a site or surrounding area. (THIS IS IN
CONTRAST TO THE APPROACH OF PART IIA, WHERE ONLY THE CURRENT USE AND
CIRCUMSTANCES ARE CONSIDERED).
Therefore it would seem reasonable to request that the developer undertakes
a desktop study and builds an initial CSM of the proposed development site.
Andy McClements
Senior Environmental Health Officer
Comhairle nan Eilean Siar
Department for Sustainable Communities
Sandwick Road
Stornoway
Isle of Lewis
HS1 2BW
Western Isles
Tel: 01851 709492
Fax: 01851 709287
email: [log in to unmask]
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