Development Management Development Plan (DPD)
Section 8: Environmental Management
Issue DM24: Contaminated Land
Issue
Development in the borough will inevitably be on previously
developed land, including industrial and other sites that may
be affected by contamination. Contaminated land can
potentially have health implications and also detrimentally
impact upon the natural environment and water quality.
Reusing this land provides the opportunity to deal with
contamination so that threats posed to health and the
environment may be tackled. It is important that any land
that is known or suspected of being contaminated is dealt
with before development occurs.
Context
It is necessary that when development is proposed on or near
a site that is known to be, or there is good reason to
believe may be, contaminated that the developer carries out a
site assessment to establish the nature and extent of
contamination. The assessment of land affected by
contamination is a complex subject and as such it is intended
that each site will be judged separately and on its merits
and taking into account guidance set out within ‘Land
affected by Contamination – Technical Guidance for Applicants
and Developers, Second Edition’ (December 2007). This
document provides an informative guide to developers,
advising them how to deal with land contamination and to
inform them of what information is required with a planning
application submission for the development of land that could
potentially be contaminated. The guidance within this
document does not replace the DEFRA & the Environment
Agency’s Model Procedures for the Management of Land
Contamination (CLR11) and Planning Policy Statement 23. The
Council considers it essential that a Contaminated Land
Assessment be carried out by or under the direction of a
suitably qualified competent person and in accordance with
BS10175 (2001) Code of Practice for the Investigation of
Potentially Contaminated Sites.
Contaminated Land – Suggested Option
Our approach is:
To ensure that when development is proposed on or near a
site that is known or believed to be contaminated, that
remediation works are carried out before the occupation of
any new development.
We consider that this can be achieved
by:
1. Ensuring that development on or near land that is known
to be contaminated or which may be affected by
contamination will only be permitted where:
- An appropriate Contaminated Land Assessment has been carried out as part of the application to identify any risks to human health, the natural environment or water quality; and
- Where contamination is found which would pose an unacceptable risk to people’s health, the natural environment or water quality, the Council will impose a condition to ensure the applicant undertake appropriate remedial measures to ensure that the site is suitable for the proposed end use and the development can safely proceed.
Contaminated Land – Alternative Options
1. There are no reasonable alternative to this policy other than to rely on the requirements of PPG23.
It is considered that it is necessary for a land contamination policy to take account of the guidance set within an Essex context.
Development Plan Policy Linkage
| The East of England Plan (2008) | Policy ENV7: Quality in the Environment |
|
Southend-on-Sea Core Strategy (2008) |
Policy KP2: Development Principles |
| Policy CP4: The Environment and Urban Renaissance |
Relevant Southend-on-Sea Borough Local Plan Saved Policies
Policy U2: Pollution Control
Issue DM24: Questions
(2)89. Do you agree with the suggested option?90. Is there an alternative option that is more appropriate?
(2)91. Are there any other land contamination issues that need to be considered?
Issue DM25 – Land Instability
Issue
The Thames Estuary frontage of the borough is backed by
cliffs from the western boundary to Marine Parade in the
east. The cliffs are often steeper than the natural stable
gradient for the material(s) of which they are composed. As
such there has been an on-going history of movement of the
cliffs ranging from small scale slumping to major rotational
and transitional movements, such as that seen below the
Southend Bandstand in 2002.
The cliffs, if not maintained, over a significant period of time, would naturally degrade to a stable profile which would continue to slump and move northwards. However, such a situation does not accord with the built environment of the borough and measures would need to be introduced to prevent and or reduce the movement or accommodate it. Before any significant works are to be undertaken it will be essential to monitor existing movement to identify the nature and extent of the problems that the cliffs present.
Context
It is important to ensure that the full implications of
building on unstable land are taken into account at an early
stage in the development process. Whether land is suitable
for a particular purpose rests primarily with the developer.
The stability of the ground so far as it affects land use is
a material consideration which should be taken into account
when deciding a planning application.
There are a number of measures that would assist this situation. These include drainage systems, which would assist in alleviating small scale slumping and reinforcing active slip planes in appropriate locations which would address the larger rotational and or transitional movements but this requires significant engineering intervention. Such engineering could be utilised not only to stabilise the cliff but also form part of a structure which could provide added value by providing, for example, additional amenities and facilities for residents and visitors alike, whilst improving the tourism offer and providing commercial opportunities and employment.
Given a requirement for remedial work in areas of the cliffs there is a duty to explore investment opportunities that would assist remedial work required and stabilise other areas under threat.
Land Instability – Suggested Option
Our approach is:
To ensure that no new development will be at risk from land
instability or increase this risk to the site or other
areas.
We consider that this can be achieved
by:
1. Ensuring that every planning application in areas where
the Council may suspect land instability, will include an
appropriate assessment of land stability that analyses the
issues relevant to ground instability and indicates how
they would be overcome.
2. Ensuring that development construction will only be permitted where it has been demonstrated that the development of unstable or potentially unstable land:
- Will be constructed and used safely and without adding to the instability of site and surrounding land; and
- Will be stabilised by measures which are environmentally acceptable and will not adversely impact upon neighbouring uses.
Land Instability – Alternative Options
1. There are no reasonable alternative to this policy.
The Council considers it necessary to ensure the protection of areas from development that could lead to unstable cliffs that could detrimentally impact upon the structures of buildings along the Seafront and potentially endanger lives.
Development Plan Policy Linkage
| Southend-on-Sea Core Strategy (2008) | Strategic Objective 12 |
| Strategic Objective 14 | |
| Policy KP2: Development Principles | |
| Policy CP4: The Environment and Urban Renaissance |
Relevant Southend-on-Sea Borough Local Plan Saved Policies
n/a