The East Midlands Gateway Rail Freight Interchange and Highway Order 2016

Contamination risk E+W+S

24.—(1) No phase of the authorised development is to commence until a localised contamination report for that phase has been submitted to and approved in writing by the local planning authority.

(2) No development is to commence on any specifically identified localised areas of the site potentially affected by contamination (as detailed in the Preliminary Sources Study Reports (“PSSR”) documents contained within the environmental statement (Document 5.2)) until further investigations and a Risk Based Land Contamination Assessment has been undertaken in line with the recommendations made within the PSSR for that localised area of the site and this has been submitted to and approved in writing by the local planning authority. The Risk Based Land Contamination Assessment must be carried out in accordance with—

(a) British Standard 10175:2011+A1:2013 “Investigation Of Potentially Contaminated Sites Code of Practice”;

(b) British Standard 8576:2013 “Guidance on Investigations for Ground Gas – Permanent Gases and Volatile Organic Compounds (VOCs)”;

(c) British Standard 8485:2007 “Code of Practice for the Characterisation and Remediation from Ground Gas in Affected Developments”; and

(d) CLR 11 “Model Procedures for the Management of Land Contamination”, published by The Environment Agency 2004 (“CLR 11”).

(3) Should any unacceptable risks be identified in the Risk Based Land Contamination Assessment, a Remedial Scheme and a Verification Plan must be prepared and submitted to and agreed in writing by the local planning authority. The Remedial Scheme must be prepared in accordance with the requirements of CLR 11. The Verification Plan must be prepared in accordance with the requirements of—

(a) Evidence Report on the Verification of Remediation of Land Contamination Report SC030114/R1, published by the Environment Agency 2010; and

(b) CLR 11.

(4) If, during the course of development, previously unidentified contamination is discovered, development must cease on that localised area of the site and the contamination must be reported in writing to the local planning authority within 10 working days. Prior to the recommencement of development on that localised area of the site, suitable investigation and Risk Based Land Contamination Assessment for the discovered contamination (to include any required amendments to the Remedial Scheme and Verification Plan) must be submitted to and approved in writing by the local planning authority. The development must then be implemented in accordance with the details approved by the local planning authority and, unless otherwise agreed in writing by the local planning authority, retained as such in perpetuity.

Commencement Information

I1 Sch. 2 para. 24 in force at 2.2.2016, see art. 1