Planning Condition re: site contamination

[catrionag]

I'm hoping the buildhub hivemind can help with the very last planning condition we're hoping to tick off, and hopefully I don't bore you to sleep before you finish reading this post. 

 

In essence, we have one outstanding planning condition to take care of. It reads as follows:

 

1. The development shall not begin until a scheme to deal with any contamination of the  site has been submitted to and approved by the Planning Authority. The scheme shall  contain details of the proposals to deal with any contamination and include: 

i. the nature, extent and types of contamination on the site;  

ii. measures to treat or remove contamination to ensure that the site is fit for the  uses hereby approved, and that there is no risk to the wider environment from  contamination originating within the site; 

iii. measures to deal with contamination encountered during construction work;  and,  

iv. the condition of the site on completion of the specified decontamination  measures. 

2. On completion of any required decontamination/ remediation works, referred to in  Condition 1, and prior to the dwellinghouse on the site being occupied, a validation  report shall be submitted to the Planning Authority confirming that the works have been  carried out in accordance with the approved scheme. The dwellinghouse on the site  shall not be occupied unless or until the Planning Authority have approved the required  validation. 

Reason for conditions 1 and 2: To ensure that any contamination on the site is  adequately identified and that appropriate decontamination measures are undertaken  to mitigate the identified risk to site users and construction workers, built development  on the site, landscaped areas, and the wider environment.

 

We have had a site investigation done that showed no signs of contamination, and our Architect + SE were happy upon submitting the SI that it should satisfy this condition. However, the council weren't happy with the SI and we spent 8 weeks waiting for it to be peer-reviewed, the outcome of which is that they have asked for us to submit a desk study. We're currently getting the desk study drawn up (and it's been confirmed by building control that this will be OK by them & will allow us to get the Building Warrant)

 

What I'm still not sure of is if the desk study should satisfy this last planning condition or if we still need to submit a separate contamination report, even though according to the company who did the SI there are no signs of contamination, and according to BC we'll be all set for the building warrant. 

 

We have asked the planners but previously they have taken more than 6 weeks to reply to very straightforward questions with no way of contacting them other than by email, so I'm hoping to avoid a lengthy back-and-forth!

 

Any thoughts/previous experience with similar conditions would be very appreciated!

[Bitpipe]

Had a similar planning requirement when excavating for our basement.

 

Our ground investigation did specific soil analysis / tests for contamination (none found) and that was documented in the final report we submitted to address the planning condition. We also got a WAC testing cert to confirm the soil was inert for the muck away contractor. Desk survey also done 

 

4 minutes ago, catrionag said:

What I'm still not sure of is if the desk study should satisfy this last planning condition or if we still need to submit a separate contamination report, even though according to the company who did the SI there are no signs of contamination, and according to BC we'll be all set for the building warrant. 

 

Not to be pedantic but on what basis have the SI company reported 'no signs of contamination'. Have they done chemical tests of soil samples etc? Something indisputable you can put under the LA's  nose?

 

Unfortunately what you're finding out the hard way is that there's always a risk involved in obtaining evidence piecemeal vs in one hit.

 

Obviously there is a cost saving in only paying for work in bits and pieces as you need it vs a comprehensive report which may contain things you paid for but were not explicitly asked for. Trade off is the delay should the LA ask for more proof.

 

Hopefully you have what you need in hand and the LA are just being obstinate.

[Mr Punter]

The desktop study will identify previous land use and know nearby contamination sources.

 

I am not sure why your site attracted a full contamination condition unless it is previously developed land.

[catrionag]

3 hours ago, Bitpipe said:

Not to be pedantic but on what basis have the SI company reported 'no signs of contamination'. Have they done chemical tests of soil samples etc? Something indisputable you can put under the LA's  nose?

 

 

Hiya Bitpipe, thanks for the reply. Yeah they have chemical analysis from the three trial pits they dug which is documented in the report they gave us. 

 

If I'd been a bit more clued up in the beginning on what is 'standard' for an SI report I think I would have picked up on the lack of a desk study earlier & requested one as part of the package, but I was totally clueless and just trusted that the company would give us all the information we needed! Every day is a school day.

[catrionag]

2 hours ago, Mr Punter said:

The desktop study will identify previous land use and know nearby contamination sources.

 

I am not sure why your site attracted a full contamination condition unless it is previously developed land.

 Me neither 🙃 it's a greenfield site/ex garden, but it is in an ex mining area so perhaps that's the issue? Although we have already submitted a coal authority report.

 

Thanks for the reassurance - hopefully the desk study will be enough

[Bitpipe]

3 hours ago, Mr Punter said:

The desktop study will identify previous land use and know nearby contamination sources.

 

I am not sure why your site attracted a full contamination condition unless it is previously developed land.

 

We were demolishing a 1950's house that was the original dwelling on that land, being agricultural previously and got the self same condition, almost word for word.

 

In the distant past (1900s) there had been gravel extraction a few 100m away and that had been infilled so maybe it was that.

 

1 hour ago, catrionag said:

 

Hiya Bitpipe, thanks for the reply. Yeah they have chemical analysis from the three trial pits they dug which is documented in the report they gave us. 

 

If I'd been a bit more clued up in the beginning on what is 'standard' for an SI report I think I would have picked up on the lack of a desk study earlier & requested one as part of the package, but I was totally clueless and just trusted that the company would give us all the information we needed! Every day is a school day.

 

You don't know what you don't know, especially at the start of a project. We forgot to ask for the GI to be zero rated for VAT, which is permissible - the bits that require 'tools' anyway and were not able to recover it subsequently.