Development and Contaminated Land

For further information regarding development and contaminated land please visit Planning constraints – contaminated land.

Land affected by contamination is a material planning consideration. Contamination may be present due to a former industrial use, proximity to former landfill sites and cannot be ruled out in rural locations (e.g. through the inappropriate spreading of materials such as sludges or storage of fuels). In addition, some areas may be affected by natural or background occurrences of potentially hazardous substances such as radon or methane.

Sites which are subject to planning consideration and are known or suspected to be affected by contamination should be appropriately assessed to ensure that the development is suitable for use.  Furthermore, on a precautionary basis the potential risk of contamination should also be considered for any development site that is adjacent to a previous industrial use and for all sensitive end uses e.g. housing, schools, hospitals and children’s play areas.

If your development requires some information to be submitted up front, you are advised to contact Development Management for pre-application advice to discuss the exact requirements.

Change of Use / Prior Approval For changes of use to a more sensitive end use (e.g. agricultural to residential), prior approvals and smaller scale new sensitive end use the following questionnaire should be submitted with the application.

Please note that if we do not receive a completed questionnaire prior to determination, then we may recommend a Contaminated Land Condition be applied which will involve a comprehensive survey for contamination and a questionnaire is not acceptable to discharge a condition.  

The Local Planning Department will consult with the Contaminated Land Officer on all other applications and where it is deemed necessary a Contaminated Land Condition will be attached to any planning approval.

The contaminated land conditions have a staged approach to the investigation, and where necessary the remediation of the land. The first stage will ask for a desk top study (Phase I).  If this shows further investigation is required then an intrusive investigation (Phase II) will need to be undertaken and all remediation works will need to be verified by a suitably qualified engineer before the condition will be discharged.

Such studies need to be undertaken by suitable qualified and competent persons.

Cheshire East Council has produced a brief guidance document (PDF, 374KB) to aid developers through the development process. If you have any queries please do not hesitate to contact the Contaminated Land Team if you require any advice on the process.