Thank you for consulting me on this application. As this site is the location of a former factory, adjacent to historic railway land and within the zones of influence of a number of nearby landfill sites, I would recommend that a full contaminated land condition be appended to any permit issued for this development:

Land Contamination

a) No works shall take place (save for above ground demolition works and site preparation works) until a remediation scheme to deal with the potential ground contamination of the site has been submitted to and approved in writing by the local planning authority.

The scheme shall include:

i. A preliminary risk assessment which identifies:

- All previous uses;

- Potential contaminants associated with those uses;

- A conceptual model of the site indicating sources, pathways and receptors; and

- Potentially unacceptable risks arising from contamination at the Site.

ii. A site investigation scheme, based on (i) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off site;

iii. The results of the site investigation and detailed risk assessment referred to in (ii) and based on these, an options appraisal and remediation strategy giving full details of the remediation and mitigation measures required and how they are to be undertaken;

iv. A verification plan setting out the details of the data that will be collected to demonstrate that the works set out in the remediation strategy in (iii) are complete to a satisfactory standard; and

v. If required, a monitoring and maintenance plan, setting out provisions for long-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. The provisions of the monitoring and maintenance plan shall be in force from the first occupation of the development and retained for its lifetime.

vi. The contamination remediation works shall be carried out in accordance with the approved details and completed prior to the first occupation of any area identified by the report.

b) If during the works any additional suspected contamination is encountered, all works in the relevant part of the site shall cease immediately and not resume until either:

i. The potential contamination has been assessed and a remediation scheme has been submitted to and approved in writing by the Local Planning Authority.

ii. Timescales for submission of a remediation scheme and details of works which may be carried out in the interim

Any additional land contamination shall be fully remediated prior to the first occupation of any area identified by the report.

Reason: To protect future occupiers of the development from unacceptable land contamination risk in accordance with NPPF, paragraphs 180, 189 and 190. This condition is necessary as a pre-commencement condition because in the absence of a robust remediation plan the development process could result in the spread of contamination and a risk to public health.

2. The development shall not be occupied until a post completion verification report demonstrating that the site remediation criteria have been met, has first been submitted to, and approved in writing, by the local planning authority.

Reason: To protect future occupiers of the development from unacceptable land contamination risk in accordance with NPPF, paragraphs 180,189 and 190.

Kind regards.

Sarah Gray
Contaminated Land Officer
Commercial and Environmental Protection
Place and Communities

PLEASE NOTE: I WORK PART-TIME AND CAN BE CONTACTED 10AM-12.00 MONDAYS, WEDNESDAYS AND FRIDAYS

Ashfield District Council
Urban Road
Kirkby-in-Ashfield
Nottinghamshire
NG17 8DA

Tel: 01623 439725

email: sarah.gray@ashfield.gov.uk

From: Richard.Sunter <Richard.Sunter@ashfield.gov.uk>
Sent: 05 February 2025 10:47
To: Sarah.Gray <Sarah.Gray@ashfield.gov.uk>; Matthew.Boot <Matthew.Boot@ashfield.gov.uk>; Dave.Simpkin <Dave.Simpkin@ashfield.gov.uk>; Melanie.Wheelwright <Melanie.Wheelwright@ashfield.gov.uk>; Planning.APEast <Planning.APEast@severntrent.co.uk>
Subject: V/2025/0003: Development of a Drive-Thru Restaurant (Use Class E/Sui Generis) at Land to the South of, Lane End, Kirkby-Ashfield

Dear All

Please note that the deadline for consultation comments expired on 28^th January 2025. Your response is therefore now well overdue. Please can you send me your comments no later than 12 noon on Friday 7^th February 2025. Should you not reply by that time it will be assumed that you have no comments to make and the application will be progressed on that basis.

Regards

Richard