Contaminated land

We use planning conditions to control building on formerly developed land. This ensures any risk from contamination is dealt with effectively. The legal definition of contaminated land is complex. There is a strict legal test to consider the impact of contamination. This means not all sites which have contaminants present on them will be determined as contaminated land within a legal context. As part of the planning process, the air, water and land team are consulted on applications for sites where there has been a known or suspected potential contamination. Where appropriate, we will add a condition to a planning approval for a contamination assessment to be submitted.

For further details see the National Planning Policy Framework.

Land contamination is only an issue if there is a possibility it could have a significant adverse impact on:

• Human health
• Controlled waters or
• Certain protected ecosystems

Contamination assessments

There is a question on planning application forms which specifically relates to contamination. If you know or suspect from the former use of the site (for example, a petrol station) that contamination is present or the proposed use of the site is considered sensitive, then a contamination assessment should be submitted with your application. The developer of a site is responsible for ensuring any proposed development is suitable for its intended use. Contamination assessments should be prepared by a competent person who will be familiar with guidance and regulations concerning land contamination. Details and guidance for the assessment of potentially contaminated land are available on the Environment Agency website.

If you have any difficulties in finding a practitioner, contact us, email ethelpline@herefordshire.gov.uk or call 01432 261761 on Monday to Friday - 9am to 4.15pm.

Building control and contaminated land

Building control inspectors consider contamination through Approved Document C. If a site may be contaminated but a planning condition would be excessive, a planning notice may be placed on an approval notice. This is so that the building inspector is aware of the potential contamination. If unexpected contamination is encountered during development, this is also considered through Approved Document C. It is a developer's responsibility to ensure the development is suitable for use whether or not a planning condition has been applied. For further information, please contact the building control service.