UDP Topic : Pollution and Hazards
PO7 Development on Unstable Land Policy
Where development proposals are on or near land which is suspected or known to be unstable the Local Planning Authority will request additional information from the applicant in order to assess whether the land is suitable for the development proposed and whether any instability can be adequately overcome.
Planning consent will be subject to appropriate remedial, preventive or precautionary measures being undertaken before the development proposed is occupied. The Local Planning Authority will need to be satisfied that:
(i) the remedial or other measures proposed will provide adequate safeguards;
(ii) the remedial or other measures proposed are within the control of the applicant; and
(iii) the remedial and other measures proposed would not seriously harm local amenity, landscape character or a site of importance for nature conservation or earth science.
Applications will be refused where the Local Planning Authority considers that the development would be at serious risk from continued instability or where the development proposed would cause instability to occur on adjacent land, despite the remedial measures proposed.
Reasoned justification :
21.22 Unstable land can threaten life and health and cause damage to buildings or structures. Policy PO7, therefore, seeks to ensure that any physical constraints or hazards to public safety, related to the risk of ground movement or the collapse of ground, are fully taken into account where development is proposed on or near land which is suspected to be unstable.
21.23 Policy PO7 ensures that planning permission will only be granted where appropriate measures can be taken to protect the development proposed and where adjacent land or premises can also be adequately protected from any increased risk generated by the proposal. There are, however, limits to the acceptability of remedial or precautionary works and this is also provided for within Policy PO7. Where these become intrusive, threaten local amenity or cause significant damage to features of nature conservation or earth science interest, planning permission will normally be refused.
21.24 Policies for land subject to instability specifically caused by coastal erosion can be found in Section 20 of the UDP.