Alex Bonser
Ashfield District Council
Development Advice & Control
Urban Road
Kirkby-in-Ashfield
Nottingham
NG17 8DA

	

Our ref:	LT/2025/129119/01-L01
Your ref:	V/2025/0073 

Date:		17 March 2025

Dear Alex,

THE ERECTION OF 1 B2 INDUSTRIAL UNIT    
GROUND FLOOR, UNIT 1 STORE FIRST, OBSERVATORY WAY, KIRKBY IN ASHFIELD, NOTTINGHAMSHIRE.

Thank you for referring the above application and which was received on 17 February 2025. I apologise for the delay in replying.

Please note this letter contains two objections.

The following comments relate to the protection of controlled waters. Matters relating to human health should be referred to the Authority’s Environmental Health Officer.

Site Setting
British Geological Survey (BGS) mapping data indicates that the anticipated geology underlying the site consists of the Lenton Sandstone Formation.  The Lenton Sandstone Formation is classified as a principal aquifer by the Environment Agency, which are defined as aquifers that provide significant quantities of drinking water, and water for business needs. They may also support rivers, lakes and wetlands.

This site is also located within Source Protection Zone (SPZ) 3 for public water supplies in the wider area. SPZs are zones used to define areas close to drinking water sources where the risk associated with groundwater contamination is greatest.

Our records show that this site has had a previous use as a landfill.  Previous land uses such as historic landfill sites have the potential to cause pollution to groundwater, which is an important resource in this area (as explained by the designations above).

No information has been submitted to demonstrate that the contamination risks posed by historic uses of the site can be adequately addressed through this development proposal.

Objection 1

Environment Agency position
We object to this development, as its planning application does not demonstrate that the risks of pollution to controlled waters are acceptable, or can be appropriately managed. We therefore recommend that planning permission is refused.
 
Reasons
The previous use of the development site as a historic landfill presents a high risk of contamination that could be mobilised during construction to pollute controlled waters. Controlled waters are particularly sensitive in this location because the site is located:

•	within source protection zone 3
•	upon a principal aquifer.

As the planning application is not supported by an appropriate risk assessment, it does not meet the requirements set out in paragraphs 180 and 189 of the National Planning Policy Framework.
 
Overcoming our objection
The applicant should submit a preliminary risk assessment which includes a desk study, conceptual model and initial risk assessment. This information must demonstrate to the local planning authority that the risk to controlled waters has been fully understood and can be addressed through appropriate measures.

Objection 2
 
Environment Agency position
We object to the planning application, as submitted, because the risks to groundwater from the development are unacceptable. The applicant has not supplied adequate information to demonstrate that the risks posed to groundwater can be satisfactorily managed. We recommend that planning permission should be refused on this basis in line with paragraph 180 of the National Planning Policy Framework.

Reasons
Our approach to groundwater protection is set out in ‘The Environment Agency’s approach to groundwater protection’. In implementing the position statements in this guidance we will oppose development proposals that may pollute groundwater especially where the risks of pollution are high and the groundwater asset is of high value. 

Groundwater is particularly sensitive in this location because the proposed development site:

•	is within source protection zone 3
•	is located upon a principal aquifer.

To ensure development is sustainable, applicants must provide adequate information to demonstrate that the risks posed by development to groundwater can be satisfactorily managed. In this instance the applicant has failed to provide this information and we consider that the proposed development may pose an unacceptable risk of causing a detrimental impact to groundwater quality because:

•	the proposed use of Sustainable Urban Drainage Systems (SuDs) (infiltration SuDs, attenuation tank or soakaway) on land potentially affected by contamination could lead to pollution of the underlying aquifer. If historic land use is identified, we will object to the use of SuDs unless the risks are shown to be acceptable as part of the site investigation data.
•	the methods of installing foundations have not been set out. Certain methods can cause risk of mobilising contamination by drilling through different aquifers and creating preferential pathways. A site specific piling risk assessment will be required to inform the foundation design, given the historic contaminated site use and the highly sensitive underlying principal aquifer.
•	information provided about foul water drainage is contradictory within the application.
 
Overcoming our objection 
In accordance with our approach to groundwater protection we will maintain our objection until we receive a satisfactory risk assessment that demonstrates that the risks to groundwater posed by this development can be satisfactorily managed.
There is uncertainty as to the final destination of the foul sewer, we would require updated plans on intended design/connection.
 
Informative
We recommend that developers should:
•	Follow the risk management framework provided in Land Contamination: Risk Management, when dealing with land affected by contamination  (https://www.gov.uk/government/publications/land-contamination-risk-management-lcrm)
•	Consider using the National Quality Mark Scheme for Land Contamination Management which involves the use of competent persons to ensure that land contamination risks are appropriately managed  (https://claire.co.uk/projects-and-initiatives/nqms)
•	Refer to the contaminated land pages on gov.uk for more information (https://www.gov.uk/government/collections/land-contamination-technical-guidance)
•	Refer to the groundwater protection guidance on gov.uk (https://www.gov.uk/government/collections/groundwater-protection).
 
We request a copy of this letter is forwarded to the applicant.

Yours sincerely

Mr Nick Wakefield
Planning Specialist
Direct dial 02030 253354
Direct e-mail nick.wakefield@environment-agency.gov.uk
On behalf of Huda Al Tahhan, Planning Adviser