SCHEDULES

SCHEDULE 2REQUIREMENTS

PART 2REQUIREMENTS PERTAINING TO CONSTRUCTION

Previously unidentified land contamination and contaminated groundwater

schedule 2 paragraph 12 + 12.—(1) In the event that land affected by contamination, including groundwater, is found at any time when constructing the authorised development which was not previously identified in the environmental statement, it must be reported as soon as reasonably practicable to the relevant planning authority, the Environment Agency and the relevant water undertaker, and the undertaker must complete a risk assessment of the contamination in consultation with the relevant planning authority, the Environment Agency and the relevant water undertaker.

(2) Where the undertaker determines that remediation of the land contamination is necessary consequent to the risk assessment in sub-paragraph (1), a written scheme and programme for the remedial measures to be taken to render the land fit for its intended purpose must be submitted to and approved in writing by the relevant planning authority, following consultation with the Environment Agency and the relevant water undertaker.

(3) Any required and agreed remediation must be carried out in accordance with the scheme approved under sub-paragraph (2).

(4) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation scheme in sub-paragraph (2) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action must be submitted to and approved in writing by the relevant planning authority, following consultation with the Environment Agency and the relevant water undertaker.

(5) The relevant part of the authorised development may not be brought into use until a verification report demonstrating the completion of works set out in the approved remediation scheme and the effectiveness of the remediation will be submitted to, and approved in writing by, the relevant planning authority following consultation with the Environment Agency and the relevant water undertaker.

(6) The report referred to in sub-paragraph (5) will include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.