Contaminated Land

states that where development is proposed, the developer is responsible for ensuring that development is safe and suitable for use for the purpose for which it is intended. The developer is thus responsible for determining whether land is suitable for a particular development or can be made so by remedial action. On any site where there is the potential for contamination to influence the site or the development is sensitive (schools, housing etc.), the Planning officer will consult with Environmental Health Manager about contaminated land issues. They will assess the application and may recommend that certain actions or conditions be imposed upon the development to ensure that the site is made suitable for its proposed end use, the safety of site workers, future site users and the environment (among others).

In certain circumstances, when the proposed site is sensitive (e.g. residential use, schools) or there is a potential for contamination to effect the proposals, then a preliminary Risk Assessment should be submitted with your application.

If your application is approved with contaminated land / soil investigation conditions then you will be required to carry out these works prior to commencement of the development.

SABC's Planning and Environmental Health Departments have written  some guidance on contaminated land in the context of applying for Planning Approval. Link below:

• General guidance for the Public and Developers carrying out a Contaminated Land Investigation

Planning Policy Statement 23 can be found on the Communities Website