The North London Heat and Power Generating Station Order 2017

Contaminated land and groundwater

14.—(1) No stage of the authorised development is to commence until a written scheme applicable to that stage to deal with any pre-existing contamination of land, including groundwater, within the Order limits which is likely to cause significant harm to persons or pollution of controlled waters (as defined in the Water Resources Act 1991) or the environment has been submitted to and approved by the relevant planning authority in consultation with the Environment Agency.

(2) The undertaker must consult the Environment Agency in relation to each written scheme before submitting it to the relevant planning authority for approval.

(3) Each written scheme submitted and approved under paragraph (1) must include an investigation and assessment report, prepared by a specialist consultant to identify the extent of any contamination and the remedial measures to be taken to render the land fit for its intended purpose (such remedial measures to include details of the data and sampling to be collected to demonstrate that the remedial measures are complete). The investigation and assessment report must be accompanied by a management plan which sets out long-term measures with respect to any contaminants remaining on the Order land (such management plan to include details of and a timetable and targets for long-term monitoring of pollutant linkages, the provision of regular reports, any maintenance measures of groundwater monitoring boreholes and equipment deemed necessary and arrangements for any contingency action deemed necessary as a consequence of the monitoring results).

(4) Remediation must be carried out in accordance with the relevant written scheme approved under paragraph (1).

(5) If during any stage of the construction of the authorised development contamination not previously identified in the written scheme approved for that stage under paragraph (1) is found to be present which is likely to cause significant harm to persons or likely to cause pollution of controlled waters or the environment, then unless otherwise agreed by the relevant planning authority, no further development or works may be carried out on that stage of the authorised development and in that part of the Order land in which contamination is identified until a remediation strategy is submitted to and approved by the relevant planning authority in consultation with the Environment Agency. The authorised development must be carried out in accordance with any remediation strategy approved pursuant to this paragraph.

(6) A verification report must be submitted to and approved by the relevant planning authority (in consultation with the Environment Agency) demonstrating compliance with the remedial measures set out in any written scheme approved pursuant to paragraph (1) and any remediation strategy approved pursuant to paragraph (5). The verification report must include results of the sampling required by the approved investigation and assessment report submitted as part of any written scheme.

(7) A second verification report must be submitted to and approved by the relevant planning authority (in consultation with the Environment Agency) when all long term monitoring has been completed. The second verification report must contain the results of monitoring required by the management plan pursuant to paragraph (2), details of any necessary contingency action undertaken as required by the management plan and confirmation that all long term remedial works approved pursuant to paragraphs (1) and (5) have been carried out and that all long term remedial targets have been met.