| 1. | APPROVAL IN FULL
Condition 4 states -
With the exception of tree protection works, no development shall take place until the following components of a scheme to manage the risks associated with contamination of the site have been submitted to and approved, in writing, by the Local Planning Authority:
1) A preliminary risk assessment which has identified
a) all previous uses;
b) potential contaminants associated with those uses;
c) a conceptual model of the site indicating sources, pathways and receptors;
d) potentially unacceptable risks arising from contamination at the site;
2) If the preliminary risk assessment identifies a potential unacceptable risk from contamination, a site investigation scheme and a full risk assessment, based on the preliminary risk assessment shall be undertaken, to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site. The site investigation scheme and full risk assessment shall be undertaken by competent persons and a written report of the findings must be produced. The report of the findings shall include:
a) A survey of the extent, scale and nature of contamination;
b) An assessment of potential risks to:
(i) human Health
(ii) property (existing or proposed) including buildings, crops, livestock, pets, woodland and service lines and pipes;
(iii) adjoining land;
(iv) controlled waters;
(v) ecological systems;
(vi) archaeological sites and ancient monuments;
(vii) an appraisal of remedial options and proposal of the preferred option(s).
c) An appraisal of remedial options and proposal of the preferred option(s).
This must be conducted in accordance with the Government's guidance 'Land Contamination Risk Management'.
3) If the site investigation scheme and full risk assessment identifies a need for remediation, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks identified at 2) b). The scheme must include all works to be undertaken, proposed remediation objectives and remediation criteria, timetable of works and site management procedures. The scheme must ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of land after remediation.
4) Where a remediation scheme is submitted and approved under part 3) of this condition, the approved remediation scheme must be carried out in accordance with its terms prior to the commencement of groundworks, other than that required to carry out remediation
5) Where a remediation scheme is submitted and approved under part 3) of this condition, the Local Planning Authority shall be given prior written notification of commencement of the remediation scheme works.
Following the completion of measures identified in any approved remediation scheme, a verification report that demonstrates the effectiveness of the remediation carried out shall be produced. No occupation of the development shall take place until the verification report has been submitted to and approved in writing by the local planning authority, unless a revised timetable for submission of the verification report has been first submitted to and agreed in writing by the Local Planning Authority.
The reason for the condition is :-
To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors, in accordance with sections 178 and 179 of the National Planning Policy Framework (July 2021) and in accordance with Policy E6 of the adopted Great Yarmouth Local Plan Part 2 (2021). The condition is pre-commencement as it is essential that the contamination on site is investigated, and a remediation plan drawn up before construction commences to ensure pollutants are not mobilised and to avoid and future harm to residents, requires that the 3G pitch is constructed to relevant FIFA standards and that the pitch is registered with the FA prior to first use and that details confirming are submitted to and approved in writing by the Local Planning Authority.
The following document was submitted:
Phase 1 Contaminated Land Assessment, dated 25 January 2023. Project Reference 215676
The Assessment has addressed the requirement of Part 1 of the Condition to undertake a Preliminary Risk Assessment in respect of the potential contamination of the site and specifically:
a) all previous uses;
b) potential contaminants associated with those uses;
c) conceptual model of the site indicating sources, pathways and receptors;
d) potentially unacceptable risks arising from contamination at the site.
The Assessment has not found any contamination which requires further investigation under Parts 2 to 5 of the Condition
The submitted information is sufficient to discharge Condition 4 in full.
The development must take place in accordance with the approved details. |