Land contamination

Brownfield sites can be challenging to develop, so you need to make sure that you have a comprehensive project team with the necessary technical skills to support the process and mitigate the risks.

If the supporting information submitted to the LPA is not of sufficient quality and robust, then the local authority contaminated land officer (or equivalent) and/or the Environment Agency may to object to the application. Further work is likely to be needed, sometimes at significant additional costs and delays, which may also have significant implications for project viability. Therefore, it’s important to utilise a competent person.

Paragraph 183(c) of the National Planning Policy Framework (NPPF) requires ‘adequate site investigation information, prepared by a competent person, is available to inform these assessments.’

The NPPF glossary¹ defines a ‘competent person²’ as: ‘A person with a recognised relevant qualification, sufficient experience in dealing with the type(s) of pollution or land instability, and membership of a relevant professional organisation.’

In practice, the LPA and Environment Agency expect you use a consultant (or team of consultants) with appropriate knowledge, skills, experience and qualifications in the specific area of technical expertise required for your development.

They may demonstrate this with qualifications and experience in a specific technical or scientific discipline or application, or by multidisciplinary qualifications. See examples on GOV.UK³.

It is advisable to obtain several quotes for any work and assess the bill of quantities for the correct level/quality of work commissioned before you procure a service.

1. https://www.gov.uk/guidance/national-planning-policy-framework/annex-2-glossary
2. https://www.gov.uk/guidance/national-planning-policy-framework/annex-2-glossary
3. https://www.gov.uk/government/publications/land-contamination-risk-management-lcrm/lcrm-before-you-start#competent