Land Contamination

Contamination is a material consideration under the Town and Country Planning Act 1990 and the planning regime remains the primary mechanism for dealing with contaminated land. In accordance with the National Planning Policy Framework (Rev December 2023), Paragraphs 183 details the requirements for addressing potential contamination in the development control process to ensure the site is suitable for its proposed use.

The planning regime addresses the risks in relation to future use of land and where a site is affected by contamination or land stability issues. The responsibility for securing a safe development rest with the developer and or landowner.

Planning policies and decisions should ensure that a site is suitable for its new use and that after remediation, as a minimum, land should not be capable of being determined as contaminated land under Part 2A of the Environmental Protection Act 1990.

Where necessary, The Royal Borough of Windsor & Maidenhead Council will use conditional approval on planning consents that requires the developer and or landowner to follow a staged process of risk assessment to demonstrate that contamination has been effectively considered and dealt with in accordance with legislation, current guidance, and good practice to demonstrate that the development is suitable for its new intended use.

For consistency in the planning process, Regional Technical Guidance for Developers, Landowners, and Consultants has been adopted (Yorkshire and Lincolnshire Advisory Group, July 2023). This outlines the phases of investigation and risk assessment, and what should be included in the reports.

• Phase 1 - Desktop Study, Site Walkover and Sampling Strategy or Screening Assessment.
• Phase 2 - Site Investigation and Risk Assessment.
• Phase 3 - Remediation and Verification Strategy.
• Phase 4 - Verification and Completion Report.