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FI16959

Request

I'd be pleased to receive all copies of correspondence with appropriate partners concerning the matters below as well as detailed reports provided to the council on these environmental issues.

PFAS (per- and polyfluoroalkyl substances) in soil. Contaminated Land Regime (Part 2A of the Environmental Protection Act 1990). Much of the land between Spinney Lane and the Aylesham Road has been agricultural for many years. The old OS maps from the Scottish National Library dating from the 1880s to the present OS maps show this. Over the years the land must have been subject to fertilizers, pesticides and herbicides. What tests have been performed? What reports have been produced?
Essential soil tests for building construction. Building Regulations 2010 (specifically Approved Document A and C), the Building Safety Act 2022, and the Construction (Design and Management) Regulations 2015 (CDM) What tests have been performed? What reports have been produced?
Ponds and the Water Table The lowest points of the land between Pond Lane and the Aylesham Road has historically been very damp. The extant ponds on Pond Lane and at the former Ackholt Farm show this. What correspondence and reports have been produced about this concerning the restoration of said ponds? The Heritage Ponds Project and the Kent Wildlife Trust are concerned about disappearing ponds. Have they been consulted? Please supply correspondence and reports please.
Road widening schemes affecting the environment Building 800 new houses will require better access along Spinney Lane and to the A2 at the Barham Crossing. Much of the land for this falls within Canterbury District Council. Spinney Woods itself has a Tree Protection Order on it. Environmental damage could occur by the loss of some part of the woods or the hedgerows on the other side of the road. What correspondence and/or reports have been performed concerning these matters?

Response

All information held by the Council in respect of this site can be found on the Council’s website as part of the planning application under reference 25/00133: https://publicaccess.dover.gov.uk/online-applications/applicationDetails.do?activeTab=documents&keyVal=SRH9S6FZI7W00.

Internal Review Documents

Internal Review Request:

Could you please answer the following questions more directly. It is NOT my place to search 25/00133 in an attempt to find the answers. This planning application has hundreds of documents. I'm asking about 4 specific areas of concern: PFAs, Soil Tests, Water Tables and Ponds and Road widening proposals. If you cannot send me copies of the reports then a link to your planning website directly to the document will suffice.

I'd be pleased to receive all copies of correspondence with appropriate partners concerning the matters below as well as detailed reports provided to the council on these environmental issues.

1. PFAS (per- and polyfluoroalkyl substances) in soil. Contaminated Land Regime (Part 2A of the Environmental Protection Act 1990). Much of the land between Spinney Lane and the Aylesham Road has been agricultural for many years. The old OS maps from the Scottish National Library dating from the 1880s to the present OS maps show this. Over the years the land must have been subject to fertilizers, pesticides and herbicides.

What tests have been performed? What tests have been done and what reports have been produced?

You could answer NO if no PFAs tests or reports have been done. If YES provide me with copies of the reports and any correspondence.

2. Essential soil tests for building construction. Building Regulations 2010 (specifically Approved Document A and C), the Building Safety Act 2022, and the Construction (Design and Management) Regulations 2015 (CDM) What tests have been performed? What reports have been produced?

You could answer NO if no soil tests or reports have been done. If YES provide me with copies of the reports and any correspondence.

3. Ponds and the Water Table The lowest points of the land between Pond Lane and the Aylesham Road has historically been very damp. The extant ponds on Pond Lane and at the former Ackholt Farm show this. What correspondence and reports have been produced about this concerning the restoration of said ponds? The Heritage Ponds Project and the Kent Wildlife Trust are concerned about disappearing ponds. Have they been consulted? Please supply correspondence and reports please.

Any correspondence on this matter? Any reports?

4. Road widening schemes affecting the environment Building 800 new houses will require better access along Spinney Lane and to the A2 at the Barham Crossing. Much of the land for this falls within Canterbury District Council. Spinney Woods itself has a Tree Protection Order on it. Environmental damage could occur by the loss of some part of the woods or the hedgerows on the other side of the road. What correspondence and/or reports have been performed concerning these matters?

Any correspondence on this matter? Any reports?

Internal Review Response:

I am writing further to your request for a review of the response you received to your request for information made in accordance with the Freedom of Information Act. I can now advise that I have had the opportunity to consider your request, comments and the legislation and respond to you with my findings. Under the Freedom of Information Act there is an exemption within Section 21 which removes the need for the information to be provided if it is accessible by another route, and I understand the information is within the public domain, accessible via the Planning portal on the Council’s website. However, there is also a requirement for the information to be ‘reasonably’ accessible and due to the number of documents published I think we should be providing more assistance to you, which I have sought and is included below.

What tests have been performed? What tests have been done and what reports have been produced?

You could answer NO if no PFAs tests or reports have been done. If YES provide me with copies of the reports and any correspondence.

Phase 1 Site Investigation Report (sections 1-7 can be viewed in the online planning file, dated 10^th February 2025 - copies also included attached) has been submitted which reviews historical maps of the site from 1872 onwards and looks at the geology, hydrology and hydrogeology and land uses of the site. No PFAs tests/reports appear to be included.

For information, the Environment Agency and the Council's Environmental Protection team were consulted (their comments can be viewed in the online planning file). Environmental Protection provided the following comments in relation to land contamination:

"We note the inclusion of a new Phase 1 survey. We have passed this to our contaminated land consultant, and they have given the following response:

Considering the context setting of the site and its continuous historical land use as agricultural land, it is concluded there is a significant potential pollution linkage arising from the probable use of agricultural chemicals – pesticides, herbicides, fertilisers and hence an intrusive investigation is strongly recommended. The Groundure report also mentions an unidentified heap and an orchard having been present. Agricultural land also comes with the risk of contaminants outlined above, along with risks of buried material on site, including the risk of buried asbestos containing material. Given the size and sensitivity of the proposed development, I suggest the latest response to planning reiterate my original response; that a CL condition is recommended so that a Phase 2 investigation can be carried to provide quantitative data to establish whether any remediation is necessary.

We concur with their response and confirm that this is our response to the request for consultation in terms of land contamination".

"Further to our comments of 05/03/25 on the above application, we have now received comments from our contaminated land consultant. They state:

I’ve now reviewed the Phase 1 Site Investigation Report submitted with this application (compiled by Shaw Stevens Consulting, ref 0108-SSC-XX-XX-RP-C-002-P01 dated 29.1.25). The CSM reports a generally very low risk, however, due to its agricultural history, further investigation is required in relation to herbicides/pesticides and sulphates. The standard Dover Contaminated Land condition should therefore be recommended to planning, omitting the need for a desk study. Incorporating the contamination findings within the required Geotechnical report is acceptable, provided adequate remediation works, if necessary, are also reported on.

Based on these comments we request the following conditions:

1. The desk top study submitted as part of the application information (Shaw Stevens Consulting, ref 0108-SSC XX-XX-RP-C-002-P01 dated 29.1.25) shows that further investigation is necessary, an investigation and risk assessment shall be undertaken by competent persons, and a written report of the findings shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. It shall include an assessment of the nature and extent of any contamination on the site, whether or not it originates on the site. Incorporating the contamination findings within the required Geotechnical report is acceptable, provided adequate remediation works, if necessary, are also reported on. The report of the findings shall include: a. A survey of the extent, scale and nature of contamination. b. A coal mining risk assessment c. An assessment of the potential risks to: i. Human health. ii. iii. Property (existing or proposed) including buildings. Crops. iv. livestock, pets, woodland and service lines and pipes. v. Adjoining land. vi. Ground waters and surface waters. vii. Ecological systems, viii. Archaeological sites and ancient monuments; and d. An appraisal of remedial options and identification of the preferred option(s). All work pursuant to this Condition shall be conducted in accordance with the DEFRA and Environment Agency document Model Procedures for the Management of Land Contamination (Contamination Report 11).

2. If the investigation and risk assessment show that remediation is necessary, a detailed remediation scheme to bring the site to a condition suitable for the intended use by removing unacceptable risks to human health, buildings and other property and the natural and historical environment shall be submitted to and approved in writing by the Local Planning Authority prior to commencement of the development. The scheme shall include details of all works to be undertaken, proposed remediation objectives and remediation criteria, a timetable of works, site management procedures and a verification plan. The scheme shall ensure that the site will not qualify as contaminated land under Part 2A of the Environmental Protection Act 1990 in relation to the intended use of the land after remediation. The approved remediation scheme shall be carried out in accordance with the approved terms including the timetable, unless otherwise agreed in writing by the Local Planning Authority. The Local Planning Authority shall be given two weeks written notification of commencement of the remediation scheme works.

3. Prior to first habitation of the development, a verification report demonstrating completion of the works set out in the approved remediation scheme 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. It shall also include details of longer-term monitoring of pollutant linkages and maintenance and arrangements for contingency action, as identified in the verification plan, and for the reporting of this to the Local Planning Authority. Any material imported to the site shall be laboratory certified as suitable for use.

4. In the event that, at any time while the development is being carried out, contamination is found that was not previously identified, it shall be reported in writing immediately to the Local Planning Authority. An investigation and risk assessment shall be undertaken and where remediation is necessary a remediation scheme shall be prepared. The results shall be submitted to the Local Planning Authority. Following completion of measures identified in the approved remediation scheme a verification report shall be prepared and submitted to the Local Planning Authority. Reason: To secure the safe development of the site in terms of human health and the wider environment and pursuant to the National Planning Policy Framework

If these conditions are added to any permission that is granted, Environmental Protection would have no further comments".

The Environment Agency also requested a similarly worded condition in relation to land contamination as that set out above, as well as a condition requiring the submission of a verification report demonstrating the completion of works in the remediation strategy prior to any part of the development being occupied; and a condition stating: "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 LPA) 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 LPA. The remediation strategy shall be implemented as approved. Reason To ensure that the development does not contribute to, or 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 in line with paragraph 187 of the NPPF".

You could answer NO if no soil tests or reports have been done. If YES provide me with copies of the reports and any correspondence.

Building Regulations is separate to planning legislation; information that may be required under building regulations may not necessarily be required for a planning application as this is a separate process. Notwithstanding this, submitted with Planning Application DOV/25/00133 is BRE 365 Soil infiltration test results report - included in Phase 1 Site Investigation Report (section 2 and section 3) (10th February 2025).

The application was subject to consultation with KCC flood and water management (as lead local flood authority), Natural England, Environment Agency, amongst other consultees; all consultation responses can be viewed in the online planning file on the Council's website (however copies of those referred to are attached for information).

Any correspondence on this matter? Any reports?

No - Kent Wildlife Trust and The Heritage Ponds Project were not consulted on the application.

Notwithstanding this, drainage features are indicated on the outline plans (I have included an extract of the amended SUDS strategy), which have been subject to consultation with KCC flood and water management. The final detail of how these would be designed would be dealt with at reserved matters stage (when the detailed plans for that phase would be submitted and advertised/consulted on).

There are further SUDs and flood risk reports available to view in the online planning file on the Council's website.

Any correspondence on this matter? Any reports?

In terms of correspondence – please find details attached. This includes plans of the proposed offsite highways works, consultation responses from KCC Highways, National Highways, the Tree Officer and the Senior Natural Environment Officer in relation to the road widening schemes and Spinney Woods. Please note that as the proposed offsite highways works evolved during the course of the application, we have only included the versions which would be taken forward. Also included is an extract from the committee pack of the committee report (the minutes for the meeting have not yet been published, but will be available at the following website address following agreement by Members https://moderngov.dover.gov.uk/ieListDocuments.aspx?CId=136&MId=5178&Ver=4).

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