Understanding groundwater protection

Before submitting a planning application for your site, you need to consider the implications of groundwater protection. 

Planning permission determines if a development is an acceptable use of the land and ensures that a site will be “fit” for its new use. 

Some proposed activities/ developments may could cause groundwater and/or surface water pollution leading to objections in principle by some Consultees. See The Environment Agency’s approach to groundwater protection¹ on Gov.uk which clearly sets out the Environment Agency’s policy/ position on a wide variety of activities that, when proposed, require planning permission.

It is the responsibility of the developer (Paragraph 184 NPPF²) to ensure that land is developed safely so that it will not cause harm to the health of residents, site users, controlled waters, ecology and the environment in addition to paragraph 174e, to  prevent new and existing development from contributing to, being put at unacceptable risk from, or being adversely affected by, unacceptable levels of soil, air, water or noise pollution or land instability.

Development should, wherever possible, help to improve local environmental conditions such as air and water quality, taking into account relevant information such as river basin management plans;

If you submit the right information first time, it is likely to:

• Reduce the likelihood of receiving objections to your application
• Will enable the project to project to proceed on time
• Enable the Local Planning Authority (LPA) to decide your application/ approval of details
• Reduce the quantity/scope of recommended conditions relating to groundwater protection and  land contamination, and give the LPA the opportunity to tailor any conditions appropriately
• Reduce the risk of delays caused by adverse environmental searches when selling properties
• Provide confidence that the health of future residents or users of the site will not be at risk from contamination
• Provides the Environment Agency with information it needs, in order to inform you if other environmental control permissions (permits) are also needed in addition to planning permission.

In addition to thinking about the impact of historical and current land uses, you may also need to consider whether the proposed new land use will have the potential to affect groundwater quality and /or surface water quality during its demolition, construction and operation/ occupation.

Some activities subject to planning may also require an Environmental Permit. Advice will be given when we respond to the planning application as to whether a permit is required for your activity. 

The issuing of environmental permits is a separate process.  Granting of planning permission does not guarantee that a permit will be issued.

If you do not submit the correct information, the consequences may include:

• The LPA may not validate your application
• A consultee to the LPA such as a Contaminated Land Officer, Environmental Health Officer or Environment Agency officer may object to your application
• The LPA may refuse to grant planning permission
• The application process may be delayed whilst you have obtain the necessary information
• You may be unable to draw down the financial investment or insurances and warranties required to complete the project.

1. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/692989/Envirnment-Agency-approach-to-groundwater-protection.pdf
2. https://www.gov.uk/government/publications/national-planning-policy-framework--2