ANGUS LOCAL PLAN REVIEW FINALISED PLAN - Angus Council

CONTAMINATED LAND3.96 There are a number of sites across Angus, principally in thetowns and villages, which may as a consequence of previous use beunstable and/or contaminated. The planning system has a key role toplay in addressing the legacy of contaminated land through theconsideration of proposals for its future use.3.97 Part IIA of the Environmental Protection Act 1990 established aframework for Local Authorities aimed at addressing the issue of landcontamination which is considered to be at risk of causing harm tohuman health or the environment. Under this legislation AngusCouncil has prepared a Contaminated Land Strategy, which indicateshow the Council intends to identify and deal with contaminated landacross Angus.3.98 Guidance on dealing with proposals to develop or change theuse of contaminated land is provided by PAN33 : Development ofContaminated Land (Revised 2000) and Angus Council Advice Note27: Planning and Contaminated Land. In principle developmentproposals on sites suspected of being contaminated will beconsidered using a `Suitable for Use` approach.PAN33 (Revised 2000):Development of ContaminatedLandThe `Suitable for Use` approachto dealing with contaminatedland consists of three elements:• Ensuring that land is suitablefor its current use;• Ensuring that land is madesuitable for any new use, asplanning permission is givenfor that new use; and• Limiting requirements forremediation to the worknecessary to preventunacceptable risks to humanhealth or the environment inrelation to the current use orfuture use of the land forwhich planning permission isbeing sought.Policy ER39 : Contaminated LandDevelopment on land known or suspected to be unstable orcontaminated will only be permitted where it can bedemonstrated to the satisfaction of Angus Council that anyactual or potential risk to the proposed use can be overcome.Development proposals on such land will require to besupported by an appropriate site investigation (detailing theextent and nature of ground instability and/or contamination),risk assessment and details of any remediation measuresnecessary to make the site suitable for the intended use. Whereappropriate Angus Council will require necessary remedialmeasures to be undertaken prior to the commencement ofdevelopment.Angus Local Plan Review96Finalised Plan