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

	

Our ref:	LT/2025/129119/02-L01
Your ref:	V/2025/0073 

Date:		04 April 2025

Dear Alex

CONSTRUCTION OF 1NO. B2 STORAGE UNIT  
GROUND FLOOR, UNIT 1 STORE FIRST, OBSERVATORY WAY, KIRKBY IN ASHFIELD, NOTTINGHAMSHIRE.

Thank you for referring the amended plans regarding the above proposal and which were received on 27 March 2025.

We have reviewed the Phase 1 Geo-Environmental Assessment report for Store First, Observatory Way prepared by PWA Geo-Environmental Limited, with report reference 23158-PWAG-00-xx-rp-g-1000-p01, for Store First Self Storage Limited, dated March 2024.

We are now able to remove our objections to the proposals as submitted. However we will require the Conditions detailed in this letter to be attached to any planning permission granted.

Land Contamination
We agree with proposals for further investigation and recommend some conditions to secure further investigation and characterisation of the site. This will include the completion of a Phase 2 Ground Investigation and conceptualisation of hydrogeological conditions through a conceptual model which sufficiently characterises the risks to controlled water and Groundwater and Surface Water receptors. We recommend following the process in LCRM to determine whether risks to groundwater are present and whether any remedial measures are necessary. 

Drainage
We have reviewed the drainage strategy and are aware that the final decision has not been identified for how surface water and foul drainage will be connected. A final discharge point will need to be identified and approved before development commences. The details provided on the surface water attenuation tank in the ‘Drainage Strategy’ document are also unclear. Based on the current drainage strategy the risks to groundwater are unknown. 

Piling
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. Please note that new guidance has been published on piling into land affected by contamination which is highlighted in the informative section below. 

Environment Agency position
The previous use of the proposed development site as a historical 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 proposed development site is:

•	within source protection zone 3
•	located upon a principal aquifer
The application’s Phase 1 Geo-Environmental Assessment, March 2024 demonstrates that it will be possible to manage the risks posed to controlled waters by this development. Further detailed information will however be required before built development is undertaken. We believe that it would place an unreasonable burden on the developer to ask for more detailed information prior to the granting of planning permission but respect that this is a decision for the local planning authority.
In light of the above, the proposed development will be acceptable if a planning condition is included requiring the submission of a remediation strategy. This should be carried out by a competent person in line with paragraph 189 of the National Planning Policy Framework. 

Without this condition we would object to the proposal in line with paragraph 187 of the National Planning Policy Framework because it cannot be guaranteed that the development will not be put at unacceptable risk from, or be adversely affected by, unacceptable levels of water pollution.

Condition
No development approved by this planning permission shall commence until a remediation strategy to deal with the risks associated with contamination of the site in respect of the development hereby permitted, has been submitted to, and approved in writing by, the local planning authority. This strategy will include the following components:

1.	A preliminary risk assessment which has identified:
•	all previous uses
•	potential contaminants associated with those uses
•	a conceptual model of the site indicating sources, pathways and receptors
•	potentially unacceptable risks arising from contamination at the site
2.	A site investigation scheme, based on (1) to provide information for a detailed assessment of the risk to all receptors that may be affected, including those off-site.
3.	The results of the site investigation and the detailed risk assessment referred to in (2) and, based on these, an options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 
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 strategy in (3) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. 
Any changes to these components require the written consent of the local planning authority. The scheme shall be implemented as approved. 

Reason
To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution in line with paragraph 187 of the National Planning Policy Framework.

Note: Part 1 of this condition has been satisfied by the ‘Phase 1 Geo-Environmental Assessment report for Store First, Observatory Way prepared by PWA Geo-Environmental Limited, with report reference 23158-PWAG-00-xx-rp-g-1000-p01, for Store First Self Storage Limited, dated March 2024’ submitted in support of this application.  Further information is required under the remaining parts of the condition.

Condition
Prior to any part of the permitted development being brought into use, a verification report demonstrating the completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to, and approved in writing, by the local planning authority. The report shall 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.

Reasons
To ensure that the site does not pose any further risk to the water environment by demonstrating that the requirements of the approved verification plan have been met and that remediation of the site is complete. This is in line with paragraph 187 of the National Planning Policy Framework. 

Condition
If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until a remediation strategy detailing how this contamination will be dealt with has been submitted to, and approved in writing by, the local planning authority. The remediation strategy shall be implemented as approved.

Reason
To ensure that the development does not contribute to, and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution from previously unidentified contamination sources at the development site. This is in line with paragraph 187 of the National Planning Policy Framework.

Condition
The development hereby permitted shall not be commenced until such time as a scheme to dispose of foul and surface water has been submitted to, and approved in writing by, the local planning authority. The scheme shall be implemented as approved.
 
Reason
Without this condition, the impact could cause deterioration of the underlying Principal aquifer and SPZ3. To ensure that the development does not contribute to and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants. This is in line with paragraph 187 of the National Planning Policy Framework.

The previous use of the proposed development site as a historic landfill presents a high risk of contamination that could be mobilised by surface water infiltration from the proposed sustainable drainage system (SuDS). This could pollute controlled waters. Controlled waters are particularly sensitive in this location because the proposed development site is:

•	within source protection zone 3
•	located upon a Principal aquifer.
In light of the above, we do not believe that the use of infiltration SuDS is appropriate in this location. We therefore request that the following planning condition is included as part of any permission granted. Without this condition we would object to the proposal in line with paragraph 187 of the National Planning Policy Framework because it cannot be guaranteed that the development will not be put at unacceptable risk from, or be adversely affected by, unacceptable levels of water pollution.

Condition
No drainage systems for the infiltration of surface water to the ground are permitted other than with the written consent of the local planning authority. Any proposals for such systems must be supported by an assessment of the risks to controlled waters. The development shall be carried out in accordance with the approved details.

Reason
To ensure that the development does not contribute to and is not put at unacceptable risk from or adversely affected by, unacceptable levels of water pollution caused by mobilised contaminants. This is in line with paragraph 187 of the National Planning Policy Framework.

Piling using penetrative methods can result in risks to potable supplies from, for example, pollution/turbidity, risk of mobilising contamination, drilling through different aquifers and creating preferential pathways. 
Groundwater is particularly sensitive in this location because the proposed development site:

•	is within source protection zone 3
•	is located upon principal aquifer.
In light of the above, the proposed development will only be acceptable if a planning condition controlling disturbance of the aquifer is imposed. Without this condition we would object to the proposal in line with paragraph 187 of the National Planning Policy Framework because it cannot be guaranteed that the development will not present unacceptable risks to groundwater resources. 

Condition
Piling using penetrative methods shall not be carried out other than with the written consent of the local planning authority. The development shall be carried out in accordance with the approved details.

Reason
To ensure that the proposed piling, does not harm groundwater resources in line with paragraph 187 of the National Planning Policy Framework J3 of the ‘The Environment Agency’s approach to groundwater protection’.

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) 
•	Follow new guidance published by CL:AIRE on assessing risks associated with, and preventing pollution from piling and penetrative ground improvement methods (https://claire.co.uk/home/news/2083-piling-and-penetrative-ground-improvement-methods-on-land-affected-by-contamination-guidance-on-pollution-prevention) 
•	The applicant should consider whether they need any environmental permits in relation to the potential drainage activities on site. 
In making our response, the Environment Agency’s Groundwater and Contaminated Land Team have considered the risks posed to controlled waters only.  The Local Authority’s Environmental Health Officer must be consulted to consider the human health risks posed by this development.

Waste Informatives

The Environmental Protection (Duty of Care) Regulations 1991 for dealing with waste materials are applicable to any off-site movements of wastes.
The code of practice applies to you if you produce, carry, keep, dispose of, treat, import or have control of waste in England or Wales.
The law requires anyone dealing with waste to keep it safe and make sure it’s dealt with responsibly and only given to businesses authorised to take it. The code of practice can be found here: https://www.gov.uk/government////_data//​/waste-duty-care-code-practice-2016.pdf

If you need to register as a carrier of waste, please follow the instructions here: https://www.gov.uk/register-as-a-waste-carrier-broker-or-dealer-wales

In order to meet the applicant’s objectives for the waste hierarchy and obligations under the duty of care, it is important that waste is properly classified. Some waste (e.g. wood and wood based products) may be either a hazardous or non-hazardous waste dependent upon whether or not they have had preservative treatments.
Proper classification of the waste both ensures compliance and enables the correct onward handling and treatment to be applied. In the case of treated wood, it may require high temperature incineration in a directive compliant facility. More information on this can be found here: https://www.gov.uk/how-to-classify-different-types-of-waste

If materials that are potentially waste are to be used on-site, the applicant will need to ensure they can comply with the exclusion from the Waste Framework Directive (WFD) (article 2(1) (c)) for the use of, ‘uncontaminated soil and other naturally occurring material excavated in the course of construction activities, etc…’ in order for the material not to be considered as waste. Meeting these criteria will mean waste permitting requirements do not apply.
Where the applicant cannot meet the criteria, they will be required to obtain the appropriate waste permit or exemption from us.

A deposit of waste to land will either be a disposal or a recovery activity. The legal test for recovery is set out in Article 3(15) of WFD as:
•	any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy.
•	We have produced guidance on the recovery test which can be viewed at https://www.gov.uk/government/publications/deposit-for-recovery-operators-environmental-permits/waste-recovery-plans-and-deposit-for-recovery-permits#how-to-apply-for-an-environmental-permit-to-permanently-deposit-waste-on-land-as-a-recovery-activity.

You can find more information on the Waste Framework Directive here:
https://www.gov.uk/government/publications/environmental-permitting-guidance-the-waste-framework-directive

More information on the definition of waste can be found here:
https://www.gov.uk/government/publications/legal-definition-of-waste-guidance
More information on the use of waste in exempt activities can be found here: https://www.gov.uk/government/collections/waste-exemptions-using-waste

Non-waste activities are not regulated by us (i.e. activities carried out under the CL:ARE Code of Practice), however you will need to decide if materials meet End of Waste or By-products criteria (as defined by the Waste Framework Directive). The ‘Is it waste’ tool, allows you to make an assessment and can be found here: https://www.gov.uk/government/publications/isitwaste-tool-for-advice-on-the-by-products-and-end-of-waste-tests

The developer must apply the waste hierarchy as a priority order of prevention, re-use, recycling before considering other recovery or disposal options. Government guidance on the waste hierarchy in England can be found here:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/69403/pb13530-waste-hierarchy-guidance.pdf

Site Waste Management Plans (SWMP) are no longer a legal requirement, however, in terms of meeting the objectives of the waste hierarchy and your duty of care, they are a useful tool and considered to be best practice.

The circular economy is a concept designed to keep materials in use as long as possible, thus promoting resource efficient practice and deriving economic benefits. Adherence to the waste hierarchy and adoption of best practice in relation to site waste management planning will help you deliver against circular economy objectives.
 
Where a development involves any significant construction or related activities, we would recommend using a management and reporting system to minimise and track the fate of construction wastes, such as that set out in PAS402: 2013, or an appropriate equivalent assurance methodology. This should ensure that any waste contractors employed are suitably responsible in ensuring waste only goes to legitimate destinations.

In accordance with the planning practice guidance (determining a planning application, paragraph 019), please notify us by email within two weeks of a decision being made or application withdrawn. Please provide us with a URL of the decision notice, or an electronic copy of the decision notice or outcome.

Yours sincerely

Mr Nick Wakefield
Planning Specialist

Direct dial 02030 253354
Direct e-mail nick.wakefield@environment-agency.gov.uk