The West Midlands Rail Freight Interchange Order 2020

Ground conditions – contamination risk

13.—(1) No phase of the authorised development (with the exception of the highway works to the existing highways (the A5, the A449, Vicarage Road, Station Road and Station Drive) which are governed by Parts 2 and 3 of Schedule 13 (protective provisions)) is to commence until a contamination report for that phase has been submitted to and approved in writing by the local planning authority.

(2) The contamination report will either—

(a) confirm that no further investigation is necessary for that phase of authorised development and, where applicable, what remedial measures are proposed (and detail how the remedial measures will be verified (a “verification plan”)) or confirm that no remedial measures are required for the particular phase of development; or

(b) include a written scheme of any further investigation considered necessary for that phase of the authorised development.

(3) Where further investigation is considered necessary under sub-paragraph (2)(b), the findings will be outlined in an assessment report to identify the extent of any contamination and, where applicable, any remedial measures to be taken to render the land fit for its intended purpose (and include details of a verification plan). The assessment report for that phase of the authorised development will be submitted to and approved in writing by the local planning authority.

(4) If, during the course of construction, previously unidentified contamination is discovered which potentially poses a significant risk to site occupants, controlled waters or ecological receptors, construction must cease on that localised area and the contamination must be reported in writing to the local planning authority within 10 working days. Prior to the recommencement of construction on that localised area, suitable investigation for the discovered contamination (to include any required amendments to the remedial measures) must be submitted to and approved in writing by the local planning authority. The authorised development must then be implemented in accordance with the details submitted to the local planning authority, unless otherwise agreed in writing by the local planning authority.

(5) Any contamination report, assessment report and any suitable investigation for discovered contamination referred to in this requirement related to the authorised development at Development Zones A1, B and/or C as shown on development zone parameter plan must be in accordance with the principles set out in the remediation safeguarding report.