A key role of the planning process is to ensure that sites are made suitable for their proposed use. Where a development site may have been impacted by contamination, or where its use will become more vulnerable or sensitive following development, consideration should always be given to the appropriate assessment, investigation and remediation of land contamination.

• Contact us for early stage advice on what your brownfield redevelopment project may require for planning.

Responsibility for securing a safe development lies with the developer and the landowner. This includes ensuring that land contamination issues are properly considered, that remediation takes place (when necessary) and that the land is made suitable before it is put into use.

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Where potential risks are identified, Contaminated Land Officers in Local Authorities will recommend that conditions are placed on planning applications to ensure a formal process of report submission and approval is followed. Where risks to controlled waters are identified or the proper recovery of waste soils could be an issue, the Environment Agency will also be involved as a regulator.

• Contact us to assist with discharging planning conditions.

Reports submitted in support of planning applications must be prepared by a competent person who is properly qualified, experienced, and is a member of a relevant professional organisation. The Environment Agency reaffirmed this position in their manual published on the UK Government website, stating: 'Suitably qualified professionals must produce land contamination reports.' The best way to for developers and landowners to discharge their responsibilities, keep projects on track, and inspire a high degree of confidence is to appoint a Suitably Qualified Person (SQP) under the National Quality Mark Scheme (NQMS).

• Contact an SQP for high quality, independent, professional advice.

The Environment Agency document: Model Procedures for the Management of Land Contamination (CLR11 2004) sets out the UK's staged assessment of land contamination risks. The planning process may require the following reports to be prepared by a suitably qualified person and submitted for regulatory approval:-

1. Preliminary "Phase 1" Risk Assessment
2. Generic Quantitative Risk Assessment
3. Detailed Quantitative Risk Assessment
4. Options Appraisal and Remediation Strategy
5. Implementation and Verification of Remediation

• Contact us if you have a specific requirement for one or more of the above reports.