National and local planning policy encourages the re-use of previously developed sites, some of which may be contaminated.
The rehabilitation of contaminated land through its promotion for development provides the benefits of contributing to the physical enhancement of the area and reduces the need to release green field sites for development.
Both Falkirk Council’s Structure Plan| and the modified Finalised Falkirk Council Local Plan| contain policies which support the rehabilitation of contaminated land.
Planning Advice Note (PAN) 33: ‘Development on Contaminated Land|’ encourages the re-use of land which may be affected by contamination The Scottish Government considers the “suitable for its intended use” approach as the most appropriate to deal with the historic legacy of contaminated land, in a way that takes account of environmental, social and economic objectives.
It is the developer/planning applicant’s responsibility to ensure that the land is “suitable for its intended use”. In line with guidance, applicants will be required to consider contamination if their proposed development falls within 250m of a former industrial use or other potentially contaminative activity. Where it is considered likely that the levels and severity of contamination present on site may result in the site not being suitable for its intended use, the planning applicant will be required to submit a contaminated land assessment at the outset of the planning process| and prior to approval being granted.
Any planning application that may be potentially impacted by contamination will have land contamination planning conditions (PDF, 10KB)| placed on the subsequent consent.
A Supplementary Planning Guidance (SPG) note: ‘Development of Land Affected by Contamination: Guidance for Applicants and Developers (PDF, 800KB)|’ has been prepared by Falkirk Council to provide guidance to developers, planning applicants and consultants interested in developing potentially contaminated sites in the Falkirk area and should be read in conjunction with PAN33| and the Model Procedures for the Management of Land Contamination (CLR11)|. Falkirk Council recommends that the SPG be utilised for all future planning applications to ensure that applications can be progressed as timeously as possible.
Where a development requires a building warrant, a land contamination assessment may be required. If the development has gone through the planning process then in most cases, the information submitted to the Planning Authority will be sufficient to satisfy the Building (Scotland) Regulations 2004 (amended in 2006 - 2011)|. Where development works are not subject to the requirements of the Planning Regime, the Building Standards (Scotland) Regulations 2004, as amended, provide powers to require the applicants to take measures to protect the fabric of new buildings and their future occupants, from the effects of contamination.
The Regulations require that ‘Every building must be designed and constructed in such a way that there will not be a threat to the building or the health of the people in or around the building due to the presence of harmful or dangerous substances’.
Building Standards Technical Handbook 2011 (PDF, 4.5MB)|, Domestic Environment Section 3 3.1 of the above regulations provides details relating to the environment, including contaminated land.
In line with guidance, some building warrant applicants will be required to consider contamination if their proposed application falls within 250m of a former industrial use or other potentially contaminative activity (e.g. new developments or redevelopment such as residential, commercial or industrial or change of use e.g. shop to residential, warehouse to children’s nursery etc).
Land contamination assessments may also be required on small scale planning/building warrant applications e.g. conservatories, extensions, change of use from garage to living space. Generally, small scale developments will only be conditioned where it is known that a potentially contaminative activity may have occurred within the site or in close proximity and there is a chance that the proposed development may be affected by the contamination e.g. particularly aggressive soil conditions which could attack the concrete or services or potentially significant ground gas sources/issues (such as mining, mine entries, extensive made ground and landfill sites) which would require gas remedial measures.
In addition, where remedial measures such as gas mitigation measures, special concrete or service requirements have been incorporated into the existing building, then the proposed development will have to include the same measures. The applicant must also ensure that existing remedial measures are not breached during the proposed development site works.
In some cases, where small developments (such as conservatories) are considered relatively low risk, the Contaminated Land Team may initially request additional information such as Coal Authority Reports|, detailed design proposals (including foundation design, DPM requirements etc), and/or written confirmation from applicant that no made ground, suspect substances or odours were encountered during site works. This information may be sufficient to negate the need for land contamination risk assessments.