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DEFRA, Scottish Executives and DOE NI
DEFRA has the principal policy role in environmental protection and a regulatory role in nature conservation and for environmental appeals. In England, DTLR is the appeal body for planning and is a regulator for areas such as consent for harbour works.
In Wales, the National Assembly for Wales is the relevant appeals body. In Scotland, the Scottish Executive acts as the appeals body. In Northern Ireland, application is made to the local division of the Planning Service (part of DOE NI), which consults with the local authority. If the local authority does not agree with the decision, it can ask for the management team of the Planning Service to review it. The applicant has a right of appeal to the Planning Appeals Commission, which is a separate body.
Planning authorities
In considering development proposals, planning authorities are obliged to ensure that all material planning considerations are addressed satisfactorily. County councils deal with planning applications relating to minerals and waste management. Planning authorities must consult with statutory consultants and may also consult with other organisations and take into account their comments. For example, planning officers take advice on contamination issues from the relevant environmental agency, the local environmental health officer, the Health and Safety Executive (HSE) and building control officers.
A key issue that clients need to address in formulating applications is whether an environmental assessment will be needed.
The principal consultants who may be asked to comment on applications relating to previously developed sites are as follows.
Environment Agency
In England and Wales, the Environment Agency is a statutory consultee under the planning process on issues for which it has regulatory responsibility. The Environment Agency advises planning authorities on applications where pollution of surface water or groundwater is involved, or where the water environment might be at risk of pollution as a result of the development. It also advises on applications proposing development close to or on landfill sites and within floodplain areas.
In Scotland, the Scottish Environment Protection Agency (SEPA) is responsible for functions equivalent to those of the Environment Agency in England and Wales. SEPA, however, does not manage flood defence matters.
In Northern Ireland, the Department of the Environment Northern Ireland is responsible for most of the environmental regulation, including the protection of surface and groundwaters.
Waste management
The environmental agencies have direct regulatory authority for waste management activities. They issue and maintain registers of waste management licences and certificates of exemption, enforce conditions of licensing and determine whether licences can be surrendered.
The environmental agencies have an oversight role in dealing with contaminated land under Part IIA and are themselves primarily responsible for the regulation of sites designated as special sites.
Controlled waters
The Environment Agency in England and Wales regulates discharges to and abstractions from controlled waters, as defined in the Water Resources Act 1991, are they surface waters, groundwater or controlled waters. In Scotland, these are dealt with by SEPA.
Local authority environmental health
Local authority environmental health departments are primarily responsible for the identification of “contaminated land” under Part IIA. They provide advice to their planning departments on technical matters relating to contaminated land.
These include the discharge of planning conditions, liaison with the environment agencies and certain issues of health and safety both on and off site in conjunction with the HSE (see below). They are responsible for ensuring that certain activities within their jurisdiction do not give rise to a “statutory nuisance.” With implementation of the Part IIA regime, the statutory nuisance provisions no longer apply to land “in a contaminated state”.
In response to this new regime, local authorities have undertaken steps to handle its implementation, and this department is often the key contact. Other local authorities have made other arrangements for the management of the process and it is advisable to ascertain as early as possible the appropriate contact point.
Health and Safety Executive
The HSE is responsible for enforcement of the Health and Safety at Work etc Act 1974 and associated regulations, designed to protect the safety of workers in the workplace or others who may be at risk of harm as a result of workplace activities. This includes the Construction (Design and Management) Regulations 1994.
Building and development control
Building regulations ensure, among other matters, the health and safety of people in and around buildings by providing functional requirements for building design and construction. There are two types of building control providers. Local authority building control may be involved throughout construction in enforcing the building regulations.
NHBC
The National House-Building Council (NHBC) is a standards-setting and independent regulatory body for the UK house-building industry. NHBC is also designated as an approved inspector and is able to grant approval under the Building Regulations throughout England and Wales.
English Heritage, the Welsh Historic Monuments Executive Agency (CADW), Historic Scotland and, in Northern Ireland, the Environment and Heritage Service – historic buildings
These bodies have specific interest in the impact of activities on designated historic buildings and monuments.
Natural England, Scottish Natural Heritage, Countryside Council for Wales – designated sites/protected species
Natural England is charged with promoting the conservation of England’s wildlife and natural features, managing various designated ecological, geological and geomorphological sites as well as protected species. Sites with which they may be concerned include:
English Nature advises government on nature conservation issues and acts as a consultee for planning in relation to designated sites. Their consent is also required for carrying out operations relating to SSSIs. Other bodies, including voluntary conservation groups, exist in certain areas.
Development Agencies
The roles of English Partnerships, Welsh Development Agency, Scottish Enterprise and nine regional development agencies in England are organisations that were created to encourage urban regeneration (see links).
HM Customs and Excise
Apart from its various revenue-collecting powers, it is responsible for the collection and administration of landfill tax and for the granting of exemptions, in particular relating to the disposal of historically contaminated land and buildings.
Utilities
Situations may arise on previously developed sites where the utilities require the use of specific materials or protection measures as a prerequisite for the installation of services and contact should be made to establish requirements, if any.
Water PLCS: Effluent discharges – sewerage undertakers
Certain schemes may involve the need to discharge water from the site to sewer, both during and after construction. Establishing whether and on what basis permits can be obtained will be an important element of consultations.
Non-governmental organisations (NGOS)
As with any development scheme, NGOs may have significant impact on progress. With previously developed sites, they may provide active support as well as resistance. Many of these bodies hold useful information in their own right, and clients and advisers can often use the consultation process as an opportunity to obtain background data. This may relate to the site in question, as well as to other sites in the locality. Examples of NGOs are: