The A19/A1058 Coast Road (Junction Improvement) Development Consent Order 2016

Contaminated land and groundwater

7.—(1) In the event that contaminated land, including groundwater, is found at any time when carrying out the authorised development, which was not previously identified in the environmental report, the undertaker must cease construction of the authorised development in the vicinity of that contaminated land and must report it immediately in writing to the Environment Agency and relevant planning authority, and in agreement with the Environment Agency and the relevant planning authority undertake a risk assessment of the contamination which must be submitted to the relevant planning authority.

(2) Where the relevant planning authority determines that remediation is necessary, a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose as well as a programme for the recommencement of construction of the authorised development in the vicinity of the contaminated land, must be prepared in consultation with the Environment Agency and submitted to the relevant planning authority for approval.

(3) No remedial measures constituting a material operation (as defined in section 155 (when development begins) of the 2008 Act) in respect of contamination of any land, including groundwater, within the Order limits are to be carried out until the scheme and programme for remedial measures has been approved in writing under sub-paragraph (2).

(4) Remedial measures must be carried out in accordance with the approved scheme and programme and construction must recommence in accordance with the programme for the recommencement of construction of the authorised development in the vicinity of the contaminated land.

(5) Where the relevant planning authority determines in writing that remediation is not necessary, construction of the authorised development in the vicinity of the contaminated land may recommence.