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Supporting documents - Renfrewshire Council

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Goodson Associates<br />

2.0 THE CONTAMINATED LAND REGIME (continued)<br />

Proposed Store Development, Wallneuk Road, Paisley - 9692<br />

These areas of land through the contaminated land regime are identified,<br />

prioritised and notified on a statutory register requiring a programme of<br />

satisfactory remediation to mitigate any potential risks to future site users and<br />

the wider environment. Such sites are regulated by the relevant local authority<br />

and in the case of Special Sites 3 (whereby the risk of significant harm to the<br />

environment is potentially high) the Scottish Environmental Protection Agency<br />

(SEPA).<br />

In a planning context, the definition and regulation of contaminated land is<br />

primarily dependent on the current and proposed use of a site. A site may<br />

contain existing contamination, but if the site use does not present a risk to<br />

site users, it may not have the potential to cause significant harm. In essence<br />

the site can be determined as “suitable for use” until a change in use is<br />

proposed and the potential for contaminants to present deleterious<br />

conditions/obstacles to development may arise. Thus contaminated sites may<br />

be regarded as “as any site where the presence or suspected presence of<br />

contaminants is an obstacle to development, regardless as to whether<br />

development is proposed”.<br />

In assessing the risk posed by potential contamination at a site, a procedural<br />

methodology (CLR11 4 ) is used to investigate and evaluate the extent, nature<br />

and potential risks of on site contaminants. The concept of a viable Source-<br />

Pathway-Receptor (SPR) linkage model assists in evaluating the potential risk<br />

of elevated contaminants at a site and a Conceptual Site Model (CSM 5 ’ 6 ’ 7 )<br />

provides a mechanism for assessing potential risks. This is the first stage in<br />

the risk evaluation process. The CSM is further discussed in Section 8.<br />

3.0 PAN 33 REQUIREMENTS<br />

The Planning system has a key role to play in addressing the issues of<br />

historical contamination. As part of the planning process, it is necessary to<br />

consider the potential impacts or constraints to development that<br />

contaminated land may pose. Planning Advice Note (PAN 33 8 ) is a companion<br />

document to the Contaminated Land Regime, published by the Scottish<br />

Executive. It sets out the procedures that planning departments should<br />

consider when developing potentially contaminated land. In relation to the<br />

planning application, Annex 2 of the PAN33 document delineates the key<br />

requirements that require to be implemented prior to submission.<br />

This is presented as (Appendix 1).<br />

3<br />

Special Sites as defined in The Contaminated Land (Scotland) Regulations 2005<br />

4<br />

Model Procedures for the Management of Land Contamination CLR 11 (Environment Agency 2004)<br />

5<br />

The Contaminated Land Regulations (Scotland) 2005<br />

6<br />

DEFRA 2002: Assessment of Risks Human Health from Land Contamination: An Overview of Soil Guideline Values and Related<br />

Research, Report CLR 7.<br />

7<br />

Potential Contaminants for the Assessment of Land (Industry Profiles) CLR 8 DEFRA March 2002<br />

8<br />

Planning Advice Note PAN33 (DEVELOPMENT of CONTAMINATED LAND) Scottish Executive October 2000.<br />

Page 2

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