Draft Regulation 18 Sandwell Local Plan
Land contamination and instability
14.20 Much of the land within Sandwell has been impacted by historic heavy industry, contaminating uses and the extensive mining of mineral resources using small open pits and underground pits. This has left a legacy of poor quality and unstable land, with ground conditions varying greatly over relatively small distances within the borough.
14.21 The presence of contamination or ground instability can affect the use of land; however, development can help address these issues and bring the land back into beneficial use.
(1) Policy SCO3 - Land contamination and instability
- Planning permission will be granted for development on:
- land that is unstable;
- land that is contaminated or suspected of being contaminated due to its historic use or geology; or
- land that will potentially become contaminated as a result of the development;
subject to the submission of satisfactory information relating to ground conditions and the presence of ground gas, and full details of the assessment and remedial measures that will be used to deal with instability and contaminants.
- The assessment must demonstrate that:
- there will be no significant harm, or any risk of significant harm, to the health and wellbeing of people and the environment;
- there will be no current likelihood, or future risk, that watercourses and groundwater will become contaminated; and
- any necessary remedial action is undertaken to safeguard users of the land or neighbouring land both during the construction of development and following occupation.
- The Council will support the reclamation and remediation of derelict, despoiled, degraded and contaminated land as part of the ongoing regeneration of the borough.
Justification
14.22 The NPPF requires planning policies to prevent new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, land instability[196]. Planning policies should also enhance the environment by supporting the remediation and mitigation of despoiled, degraded, derelict, contaminated and unstable land, where appropriate[197].
14.23 Most applications for planning permission will be expected to provide a desk-based study of ground conditions as a minimum requirement. Applicants should refer to the Council's validation checklist and seek advice from officers to determine the need for and scope of a desk-based study and / or intrusive site investigation. Regard should be had to the potential for migrating contaminants, and the possible presence of ground gas from historic landfill and mining sites. A land stability or slope stability risk assessment may be required where unstable ground is known or suspected[198].
14.24 Sandwell Council will consult the Coal Authority on applications for planning permission within a Development High Risk Area[199] unless the application is an exempt one. Applications for planning permission within a Development High Risk Area will need to be accompanied by a Coal Mining Risk Assessment, again unless the proposed development is exempted.
14.25 The Council will impose conditions and / or obligations on the grant of planning consent to ensure satisfactory information is provided in relation to ground conditions, and that agreed remedial action is completed prior to the occupation of development.
[196] NPPF (2021) paragraph 174, section (e)
[197] NPPF (2021) paragraph 174, section (f)
