Planning and contaminated land

The planning system uses a slightly different definition for contaminated land which is not based solely on the legal definition set out with Part 2A of the Environmental Protection Act 1990. Within planning guidance the term 'land affected by contamination' is used, which covers cases where 'the actual or suspected presence of substances in, on or under the land may cause risks to people, human activities or the environment, regardless of whether or not the land meets the statutory definition in Part 2A'.

The principal difference is that under the planning system risks have to be assessed based upon the new or intended use of the land, rather than the existing use, upon which risks are based in the Part 2A regime. However, the principles underlying both regimes are fundamentally the same - the identification and remediation of land which may pose a risk to human health and/or the environment.

Bury Council is in the process of producing three technical guidance notes to aid developers:

• The Technical Guidance Note gives advice regarding the requirements of planning regime in relation to contaminated land
• The Landfill Gas Guidance Note is aimed as a reference document to aid developers, planners and the general public. It gives guidance on landfill and ground gas, monitoring practice and details of gas protection measures.
• The Extensions Guidance Note gives advice and details on gas protection measures which should be considered when adding an extension to a property.

We will make these these documents available for viewing and downloading as soon as possible. In the meantime, please contact us for advice or to discuss a project. Alternatively, we may be able to supply a draft copy of the guidance document you require.

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