Planning and Building Control

Below you will find information about how how Hackney Council deal with contaminated land and planning and building control issues.

Introduction

Hackney Council's Pollution Section is generally responsible for dealing with and advising on many of the Planning Authority's contaminated land functions.

This helps ensure a more consistent approach towards development control decision making.

In particular the Pollution Section:

recommends when a contaminated land condition needs to be attached to a Planning Application
liaises with Developers and their Agents to help ensure that contaminated land conditions are discharged
provides guidance to developers on the Council's requirements for the discharge of contaminated land conditions
identifies when a planning condition should be discharged.

The Planning Authority and Building Control continue to enforce development control issues.

The remainder of this page sets out the Council's approach to dealing with contaminated land planning and building control issues. It also contains important information on how developers and their agents should go about discharging contamianted land conditions.

Hackney's Contaminated Land System for Planning

The London Borough of Hackney has a comprehensive and structured contaminated land planning system, which is set out within the Pollution Section's Work Instruction: Planning Procedures for Contaminated Land Isuses.

Where a contaminated land condition is attached to the decision notice of a planning application, the developer and their agents need to liase with the Pollution Section, as well as the Planning Authority, in order to ensure that the condition is ultimately discharged (see CLS1-CLS4 below).

Where the Contaminated Land Service checks a planning application but does not consider it necessary to attach a contaminated land condition, it will usually recommend that a 'informative' is attached instead (see Con 1 below).

Standard "contaminated land conditions" and "informative" that may be attached to the decision notice of a planning application are set out below. Details of the Council's approach where no contaminated land condition has been added to a planning application that requires one are also provided.

Standard guidance and documentation for conditions is listed beneath each condition's heading below.

Conditions and informatives are periodically reviewed and as a result may differ from the condition attached to a planning application. If this is the case you need to contact the Contaminated Land Service to identify the appropriate condition/guidance for your application.

Contaminated Land Conditions

CLS 1 - Main Contaminated Land Condition:

"With reference to paragraphs (1)-(6), work shall be completed and reporting produced by a competent person/company in line with CLR11 (published by the Environment Agency) and other current best practice guidance. All reporting shall be provided in both a paper and electronic format to the Pollution Section. Upon completion of the development an electronic copy of all reporting shall be provided to the Planning Authority. The Pollution Section must receive verbal and written notification at least five days before investigation, remediation and development works commence.

Before any remediation work, enabling works or development commences at the site a Desk Study report including full details of Site Reconnaissance, and a report containing full details of Site Investigation and Risk Assessment works completed for the site shall be produced to the satisfaction of and approved in writing by the Pollution Section.
Before any remediation work, enabling works or development commences at the site a Remediation Report shall be produced to the satisfaction of and approved in writing by the Pollution Section. Works set out within the approved Remediation Report will then be fully implemented to the satisfaction of the Pollution Section. The Remediation Report shall incorporate Options Appraisal, Implementation and Verification Plans and include comprehensive details of groundworks and development works to be completed at the site. The Remediation Report shall clearly distinguish between remediation to be completed before development commences and remediation to be completed during and/or after development commences.
Before any development commences a Verification Report for remedial works that as agreed within the Remediation Report, have taken place pre-development, shall be produced to the satisfaction of and approved in writing by the Pollution Section. The Verification Report shall also include full details of a watching brief kept by the developer and their on-site agents including documented observations and photographs of the remediation.
Before occupation/use commences a final Verification Report for remedial works that have taken place during and after enabling works and development shall be produced to the satisfaction of and approved in writing by the Pollution Section. The Verification Report shall also include full details of a watching brief kept by the developer and their on-site agents including documented observations and photographs of the remediation and groundworks phases of the enabling works and development.
Any Post Remedial Monitoring reports shall be produced as specified within the Remediation Report, or as otherwise required by the Pollution Section.
Any additional, or unforeseen contamination encountered shall be immediately notified to the Pollution Section. All development shall cease in the affected area. Any additional or unforeseen contamination shall be dealt with as agreed with the Pollution Section. Where development has ceased in the affected area, it shall recommence as agreed with the Pollution Section.

Occupation/use of the development shall not commence until this condition has been discharged in writing by the Local Planning Authority following the satisfactory supply of information in line with stages (1)-(6) and upon completion of any other works required by the Pollution Section. Subject to written approval by the Planning Authority, the condition may be varied, or discharged in agreed phases.

Reason: To protect the end user(s) of the development, any adjacent land user(s) and the environment from contamination in line with Planning Policy Statement 23 (published by the Office of the Deputy Prime Minister)."

Download CLS1 guidance document.

CLS 2 Precautionary Contaminated Land Condition:

"Before the commencement of development the requirements for establishing the potential presence/presence of any significant contamination on and off site shall be agreed in writing with and thereafter carried out to the satisfaction of the Pollution Section.
Before the commencement of development the requirements for the importation of and/or reuse of fills, soils and other ground materials on site shall be submitted to and agreed in writing with and thereafter carried out to the satisfaction of the Pollution Section.
Any identified, or significant additional or unforeseen contamination encountered shall be immediately notified to the Pollution Section. If development has started, it will cease in the affected area.
Development shall not commence, or where development has ceased due to significant additional or unforeseen contamination recommence, until a programme of remediation has been submitted to and approved in writing by the Pollution Section.
The agreed programme(s) of remediation shall be fully implemented and a verification report shall be produced to the satisfaction of the Pollution Section. The verification report shall also include full details of the importation of and/or reuse of fills, soils and other ground materials on site to the satisfaction of the Pollution Section.
The Pollution Section shall receive verbal and written notification at least five days before investigation, remediation and development works commence.
Work shall be completed and reporting produced by a competent person/company in line with current best practice guidance. All reporting shall be provided in both a paper and electronic format to the Pollution Section. Upon completion of the development an electronic copy of all reporting shall be provided to the Planning Authority.
Subject to written approval by the Planning Authority, this condition may be varied, or discharged in agreed phases.
Occupation/use of the development shall not commence until this condition has been discharged in writing by the Local Planning Authority following the satisfactory supply of information and completion of any other works required by the Pollution Section.

Download CLS 2 guidance document.

CLS 3: Standard precaution (some industrial/ commercial development):

"Any Desk Study, Site Reconnaissance, Site Investigation, Risk Assessment and Remediation information produced for the development shall be provided to the Pollution Section. Any recommendations relating to contaminated land issues will be fully implemented to the satisfaction of the Pollution Section.
Before the commencement of development the requirements for the importation of and/or reuse of fills, soils and other ground materials on site shall be submitted to and agreed in writing with and thereafter carried out to the satisfaction of the Pollution Section.
Any identified, or significant additional or unforeseen contamination encountered shall be immediately notified to the Pollution Section. If development has started, it shall cease in the affected area.
Development shall not commence until a programme of remediation to address any significant contamination identified during Desk Study, Site Reconnaissance, Site Investigation or other works has been submitted to and approved in writing by the Pollution Section.
Where development has ceased due to significant additional or unforeseen contamination, development shall not recommence until a programme of remediation has been submitted to and approved in writing by the Pollution Section.
The agreed programme(s) of remediation shall be fully implemented and a verification report shall be produced to the satisfaction of the Pollution Section. The verification report shall also include full details of the importation of and/or reuse of fills, soils and other ground materials on site to the satisfaction of the Pollution Section.
The Pollution Section shall receive verbal and written notification at least five days before the agreed programme of remediation and/or development works commence.
Work shall be completed and reporting produced by a competent person/company in line with current best practice guidance. All reporting shall be provided in both a paper and electronic format to the Pollution Section. Upon completion of the development an electronic copy of all reporting shall be provided to the Planning Authority.
Subject to written approval by the Planning Authority, this condition may be varied, or discharged in agreed phases.
Occupation/use of the development shall not commence until this condition has been discharged in writing by the Local Planning Authority following the satisfactory supply of information and completion of any other works required by the Pollution Section.

CLS 4 Condition for extensions and small structures associated with existing property:

"Whether for the identification of existing remedial measures, continuation of existing remedial measures, or to assess the need to install new remedial measures, before development commences the developer shall complete investigations and agree remedial measures to the satisfaction of the Pollution Section.
If any contamination is identified, development will cease and the Pollution Section shall be notified immediately. A scheme of remediation to address the identified contamination shall be submitted to and agreed in writing with the Pollution Section.
Agreed remedial measures shall be implemented in full and a verification report will be provided to the satisfaction of the Pollution Section.
A Building Control Officer or another environmental professional shall be available on site to witness the installation of remedial measures and to provide written confirmation that the agreed remedial measures have been installed.
Occupation/use of the development shall not commence until this condition has been discharged in writing by the Local Planning Authority following the satisfactory supply of information and completion of any works required by the Pollution Section.

CLS 5 Condition for small developments

"Due to the potential for ground gas/contamination, no development will commence until details of information to be collected on soil conditions and, where necessary small scale investigations to be undertaken during the development, have been provided to the satisfaction of and approved in writing by the Pollution Section.

Information must then be collected and investigations must be undertaken as approved. If contamination is identified at any stage before or during the development, unless appropriate remedial measures have already been agreed with the Pollution Section, development will cease and the Pollution Section will be contacted immediately both verbally and in writing. Where contamination is encountered, or considered to be likely based on available information, details of measures to protect the development, end-user and/or the wider environment will be submitted to and approved in writing with the Pollution Section prior to development commencing or recommencing. Once development is completed, or before if requested by the Pollution Section, the agreed information, results of investigation and details of any remediation undertaken will be produced to the satisfaction of and approved in writing by the Pollution Section."

Informatives

Con1: Informative

"The responsibility to properly address contaminated land issues, including safe development and secure occupancy, and irrespective of any involvement by this Authority, lies with the owner/developer of the site. The applicant/developer is requested to contact the Council's Pollution Section (Tel: 020 8356 4827) as soon as is practicable should contamination be encountered during the development of the site. Contamination will often be evident either visually or due to odours. Visual evidence of contamination may include staining by oil/fuel, coloured liquids/soils uncharacteristic of soil or groundwater, or debris (e.g. asbestos) being present. Odours will usually be obvious and smell of fuels/solvents, be pleasant or unpleasant, or otherwise be uncharacteristic of soil or groundwater."

No Contaminated Land Conditions Attached to Development

Where no condition is attached to a planning application where one would normally be expected, the developer must still ensure that they deal with any contaminated land issues. Failure to deal with contaminated land issues during the development stage may result in land being designated as Statutory 'contaminated land' under Part 2A of the Environmental Protection Act 1990.

Disclaimer

The following disclaimer applies to all planning correspondence and any decisions made by the Council during the planning process.

Hackney's Contaminated Land System for Building Control

Along side the Planning Authority, under the Building Regulations, Building Control Sections are responsible for addressing all contaminated land issues for development in line with Approved Document C: Site preperation and resistance to contaminants and moisture. For certain types of development, which Planning Legisaltion does not cover, the Building Control Section are soley responsible for ensureing that contaminated land issues are dealt with appropriately.

Where resources are available the Contaminated Land Section obtains building control deposit, start and completion notices to track development in the Borough to help ensure that developers provide the right information at the right time.

Where contamination is identified at a development site that is being dealt with by a Hackney Building Control Officer, the Contaminated Land Service will provide advice on appropriate investigation and remedial measures as requested. This will typically be in line with guidance provided in relation to Planning Conditions.

Page updated: 11 Jul 2011

Email:	pollutionsupport@hackney.gov.uk
Tel:	020 8356 4455
Fax:	020 8356 4980