Contaminated land planning constraints

The local planning authority has a duty to take account of all material planning considerations, including potential contamination, when considering an application. Within the planning regime, contaminated land is often referred to as “land affected by contamination”.

Planning legislation and guidance places the responsibility on developers and/or landowners to secure a safe development with respect to contamination. The council’s duty is to ensure that owners and developers carry out the necessary investigations and formulate proposals for dealing with any contamination in a responsible and effective manner.

A precautionary approach should be taken when considering applications in relation to any land affected by contamination. This includes land on or in proximity to previous industrial uses or landfill sites and also where uses are being proposed that are particularly sensitive to contamination. Further information is available in the Environmental Protection Team’s guide to submitting planning applications: land contamination (PDF, 447KB).

When considering development on land affected by contamination, the local planning authority aims to ensure that any unacceptable risks to human health, property and/or the wider environment are identified so that appropriate action can be considered and then taken to address those risks.

Applicants and developers are advised to read the Environmental Protection Supplementary Planning Document (SPD) (PDF, 2.2MB) to ensure their proposed development meets planning policy requirements.

Information produced through the planning system feeds into the council’s inspection process under Part 2A of the Environmental Protection Act 1990. You can view the Inspection Strategy here:

• Cheshire East Contaminated Land Inspection Strategy (PDF, 1.2MB)