We must currently find policy DM15 unsound as it is not consistent with national policy set out in Planning Policy Statement 23: Planning and Pollution Control.

Whilst we welcome this policy which will protect controlled waters on sites affected by contamination, we draw your attention to the requirement of point 1iii. This part of the policy states that 'remediation works will be carried our before the occupation of any new development'. It is not however always possible for such works to be carried out at this stage of the development as buildings and other infrastructure on the site may prevent the required works from taking place.

We would also query the wording of point 1ii. Whilst point 1i requires applicants to submit contaminated land assessments with their application to establish any risks on the site, it may not always be appropriate to condition remedial works. This is supported by paragraph 2.44, 2.55, 2.60 and 2.61 of PPS23 annex 2.