Steve,

 

Paragraph 2.27 states that: the possibility of contamination should be assumed when considering both development plans and individual planning applications in relation to all land subject to or adjacent to previous industrial use and also where uses are being considered that are particularly sensitive to contamination.

 

This suggests that all developments with a sensitive end use will require a desk study. I would suggest that for new developments on land that has not been previously developed but where sensitive receptors are being introduced to the site it could be justified, but I think extensions etc would be pushing it somewhat.

 

Paragraph 2.33 states that: it is proposed to introduce a standard application form for all applications in England subject to the results of consultation, an assessment of contamination and historical uses of land is likely to be one of the supporting documents that could accompany the form in appropriate cases.

 

Having contacted ODPM regarding this I was informed that consultation closed in June and the feedback is currently being analysing. It is hoped that the form will be implemented for the full range of planning permissions and consents in March 2006 with transitional arrangements until March 2007.  The form is proposed to represent the minimum required information needed to determine whether a proposed development can proceed.

 

Hopefully this standard form will help to get all this information up front with the application, especially for the smaller developments or those without a previous use. I am sure the planning departments will welcome this form unfortunately it is still at an early stage of development.

 

James Fox

Scientific Officer

Dartford Borough Council

 

 

-----Original Message-----
From: Contaminated Land Management Discussion List [mailto:[log in to unmask]] On Behalf Of Guppy, Steve
Sent: 19 October 2005 17:11
To: [log in to unmask]
Subject: PPS23 and Residential Developments

 

A recent informal note from the ODPM regarding land contamination BVPI's stated in paragraph 43 "A planning application for a sensitive receptor requires a desk study, according to PPS23, even where the site has not previously been developed".

I'm currently involved in a rather weighty debate as to how you reach this conclusion from PPS23. I feel that the document is open to interpretation and prone to contradiction but have tended to be over-cautious, taking the opinion recently expressed by the ODPM.   However, my planning department, under pressure from a developer, is suggesting that we must have some basis as to why we think the land or the surrounding land may be contaminated before we require a desk study.

I'd be interested to know how other LAs are interpreting and then applying PPS23.  Do you think a sensitive proposal such as a residential development should be accompanied with a desk study as a matter of routine and if so do you apply that principle and how (i.e. do you expect to see it with the application or do you require it by condition to an approval)?

I'd like to settle this for once and for all so it would be nice to quote a recognised reference or other respected source that gives a definitive answer.  Any ides out there?

 

Regards

 

Stephen Guppy

Senior Scientific Officer

Southampton City Council

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