Pollution

Pollution is an important consideration when considering proposals for the development of land.  The issue must of course be considered in several different ways.  For example, if one is considering a development scheme on an area of land one must ascertain whether or not the land in question has previously been used and if so whether those previous uses may have polluted the land.  Furthermore, if one is seeking to develop land one needs to consider whether the development scheme in itself could lead to consequential pollution that may affect adjoining land.  Furthermore, there are specific types of development schemes which inevitably are considered to generate pollution and accordingly it is necessary to also consider whether application should be made to the Environment Agency for appropriate licences to seek authorisation for carrying out such hazardous activities.

Given the importance of this issue central government issued a Planning Policy Statement on planning and pollution control which is known as Planning Policy Statement Number 23.  It should be noted that whilst pollution is of course an important issue in the field of planning nevertheless for the most part the planning system should not operate in such a way as to duplicate controls over pollution which are the statutory responsibility of other public agencies such as the Environment Agency.

It should be noted that issues relating to pollution include the following aspects:-

(a) Air Quality – central government has installed a number of air quality monitoring networks which are supplemented by monitoring undertaken by individual local authorities. 

(b) Water Quality – Water quality is monitored by the Environment Agency and the main framework for water quality standards are set down by the European Union through directives.

Given that the planning system controls the development and use of land, it has an important role to play in determining the location of development which may give rise to pollution.  Accordingly, Local Planning Authorities always consult pollution control authorities in order that they can take into account the scope of requirements of the relevant pollution controls.  An important example of the system in operation relates to proposals for waste transfer stations and waste skip sites.  In such cases it is necessary to obtain planning permission from the County Council in non-unitary areas or the unitary Council in unitary areas for planning permission for the use of land for the deposit of waste and for the processing of waste.  Once the planning permission has been obtained it is then necessary to obtain a formal Waste Management Licence from the Environment Agency.  It is therefore necessary for a co-ordinated approach to be applied to proposals of this nature.  Our firm is experienced in handling cases of this nature and will be happy to provide you with details of proposals for such a project upon request.