48Potentially contaminated land

48 Potentially contaminated land

48 Potentially contaminated land

(1) The consent authority must not consent to the carrying out of development on land unless—

• it has considered whether the land is contaminated, and

• if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out, and

• if the land requires remediation to be made suitable for the development proposed to be carried out, it is satisfied that the land will be remediated before the development is carried out.

(2) Consent for development on any of the following land must not be granted unless the consent authority has considered a preliminary investigation of the land concerned prepared in accordance with the contaminated land planning guidelines under section 145C of the Act—

• land that is specified in a preliminary investigation order under the Contaminated Land Management Act 1997

• land on which development referred to in Table 1 to the contaminated land planning guidelines is being, or is known to have been, carried out

• any land, to the extent to which it is proposed to carry out development on it for residential, educational, recreational or childcare purposes, or for the purpose of a hospital

• any land in relation to which there is no knowledge (or incomplete knowledge) as to whether development referred to in Table 1 to the contaminated land planning guidelines has been carried out

• any land on which it would have been lawful to carry out such development during any period in respect of which there is no knowledge (or incomplete knowledge).

cl 48: Am 2009 No 56, Sch 2.74 [1]–[4].