Planning Application

As part of the Government’s commitment to addressing contaminated land issues, Planning Advice Note 33 (revised 2000): Development of Contaminated Land, was introduced to provide guidance to Planning Authorities on how to ensure potential contamination issues are addressed during the Planning Process.

Planning Authorities have a duty to ensure that where development is proposed on contaminated or potentially contaminated land appropriate investigations and, where necessary, remedial actions are carried out. Where a Planning Authority has reason to believe that a site may be contaminated, it has a duty to inform the developer of this at the earliest opportunity. However, it is the responsibility of the developer to carry out the necessary investigation and remediation.

In some cases, remediation activities themselves may constitute ‘development’ within the meaning given within Section 26 of the Town and Country Planning (Scotland) Act 1997, and therefore require planning permission.

In Moray, planning applications which are considered for potential ground contamination issues are screened against the Council’s Contaminated Land Register, contaminated Land Database and maps from the 1860’s until the present day.

Where a potential source of contamination is identified, a Phase I investigation (Desk Study) will be required of the applicant. This type of investigation looks at the history of the site and surrounding area, as well as issues such as geology, hydrogeology etc.

Once your Phase I investigation is complete, it will be audited by a Contaminated Land Officer, who will advise you if supplementary information is required. Should the Phase I investigation show a negligible risk of ground contamination, no further action will be necessary. However, if a risk is identified, a Phase II investigation (sampling & analysis) may be required. The purpose of this type of investigation is to identify the nature and extent of any contamination in order that a risk assessment may be carried out.

The purpose of the risk assessment is to determine whether the type and amount of contamination identified is likely to have an impact upon human health, water or the environment, taking into account the proposed end use of the site. If the risk assessment highlights a significant risk, remediation may be necessary. Where necessary, ongoing monitoring works may also be required.