SCHEDULE 2Requirements

Contaminated land and groundwater

8.—(1) No part of the authorised development may be commenced until a scheme to deal with the contamination of any land (including groundwater) within the Order limits (the “site”) that is likely to cause significant harm to persons or pollution of controlled waters or the environment has, after consultation with the Environment Agency, been submitted to and approved by the relevant planning authority.

(2) The scheme must include—

(a)an investigation and assessment report, prepared by a specialist consultant approved by the relevant planning authority, to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose; and

(b)a management plan that sets out long-term measures with respect to any contaminants remaining on the site.

(3) The scheme must be implemented as approved.

(4) If during construction of the authorised development contamination not previously identified is found to be present on the site, then, unless otherwise agreed by the relevant planning authority, no further works for the authorised development may be carried out until a remediation strategy detailing how the unidentified contamination will be dealt with has been submitted to and approved by the relevant planning authority.

(5) The remediation strategy must be implemented as approved.

(6) In this Requirement, “controlled waters” has the meaning given in Part 3 of the Water Resources Act 1991(1).

(1)

See section 104(1).