Planning Application (P213688/F)
UNIT 11 Thorn Business Park Rotherwas Hereford HR26JT
Conditions 4, 5, and 6 of the planning consent for the above application relate to ‘Contaminated Land.’ The conditions are shown below:
Condition 4
No development shall take place until the following has been submitted to and
approved in writing by the local planning authority:-
a) a 'desk study' report including previous site and adjacent site uses, potential
contaminants arising from those uses, possible sources, pathways, and
receptors, a conceptual model and a risk assessment in accordance with
current best practice.
b) if the risk assessment in (a) confirms the possibility of a significant pollutant
linkage(s), a site investigation should be undertaken to characterise fully the
nature and extent and severity of contamination, incorporating a conceptual
model of all the potential pollutant linkages and an assessment of risk to
identified receptors.
c) if the risk assessment in (b) identifies unacceptable risk(s), a detailed scheme
specifying remedial works and measures necessary to avoid risk from
contaminants or gases when the site is developed shall be submitted in writing.
The Remediation Scheme shall include consideration of and proposals to deal
with situations where, during works on site, contamination is encountered which
has not previously been identified. Any further contamination encountered shall
be fully assessed and an appropriate remediation scheme submitted to the local
planning authority for written approval.
Reason: In the interests of human health and to comply with Policy SD1 of the
Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.
Condition 5
The Remediation Scheme, as approved pursuant to condition 4, shall be fully
implemented before the development is first occupied. On completion of the
remediation scheme, the developer shall provide a validation report to confirm that all works were completed in accordance with the agreed details, which must be submitted and agreed in writing before the development is first occupied. Any variation to the scheme including the validation reporting shall be agreed in writing with the Local Planning Authority in advance of works being undertaken.
Reason: In the interests of human health and to comply with Policy SD1 of the
Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.
Condition 6
If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted, and obtained written approval from the local planning authority for, an amendment to the Method Statement detailing how this unsuspected contamination shall be dealt with.
Reason: In the interests of human health and to comply with Policy SD1 of the
Herefordshire Local Plan - Core Strategy and the National Planning Policy Framework.
Under the Freedom of Information Act I would like to request the following information:
1. Have Conditions 4, 5, and 6 been discharged?
2. If one or more of the conditions have not been discharged, please can you state what course of action Herefordshire Council would take?
3. If the conditions have not been discharged, has Herefordshire Council taken any action.
4. If one or more conditions have not been discharged, is it permissible for the building to be used as a publically accessible martial arts / fitness centre, or would all activities at the building have to cease until the conditions are discharged?
