Buro Happold expert urges retention of brownfield controls

26/08/2010 Written by: Chris White

Contaminated land expert comments on the future of planning policy

Hugh Mallett, technical director at international multidisciplinary engineering consultancy Buro Happold, comments:

“Those working in the contaminated land industry have struggled with the complexity of much of the regulation and guidance, as well as the on-going difficulties of threshold values and definition of ‘Significant Possibility Of Significant Harm’ (SPOSH). Therefore, the clarity of Planning Policy Statement 23 (PPS23) has provided a welcome model approach.

“Maintaining and progressing that forward momentum is a challenge and an indication of just how much change there has been in the guidance over the last few years is illustrated by the amount of our key documentation, cross referenced in PPS23, which is now out of date.

“An essential role of PPS23 has been the signposting of essential sources of critical information. Therefore, any replacement document should retain that function and the opportunity is taken to reference all of the current guidance and advice. Although there is some repetition of advice within PPS23 Annex 2 this repetition is entirely helpful.

“The roles and responsibilities of all parties within the contaminated land community are clearly set out with each party having their own section of text. The developer is specifically told what information they, as the applicant, have to provide and the local authority is provided with clear guidance on matters to consider when determining a planning application. The mirroring of the guidance provided in these separate sections leaves no room for doubt and assists in bringing the expectations of all parties closer together.

“It is critical that seven aspects of PPS23 are retained in the proposed revised guidance. That contamination remains a material planning consideration, development should continue to present opportunities to mitigate the risks posed by land affected by contamination and statements should be retained that relate Part 2A and the planning regime.

“Also, that local planning authorities must continue to consult their contaminated land officers, the minimum information required from the applicant is a report of a desk study and walkover survey, it is the developer’s responsibility to carry out the necessary investigation, assessment and remediation and, finally, the standard of remediation is the removal of unacceptable risk and making the site suitable for use.”