Four Years in the Making: Discharging a Contaminated Land Condition attached to an Allowed Appeal for a New Dwellinghouse on a Former Petrol Station Site in Cheshire

Our client can finally spend Christmas in their new home - after a four-year journey that tested everyone's patience. After four years of persistent effort, we're delighted to share the successful conclusion of a complex planning case that demonstrates the importance of tenacity when dealing with contaminated land issues on challenging brownfield sites.

The Site: A Former Petrol Station

Our client had constructed a new dwelling on a former petrol station site in Cheshire. Permission had previously been granted for the change of use of the former petrol station shop to a residential dwelling. Retrospective planning permission was sought for the dwelling however, the application was refused by the Council. 

While securing retrospective permission is never straightforward, we successfully permission through the appeal process, demonstrating to the Planning Inspector that the development represented an appropriate reuse of a previously developed site, and the extensive planning history granting the principle of development was established in this out of settlement location. A copy of the appeal can be found at the bottom of this page.

The win was a significant milestone for us and our client, but it was only the beginning of our 4 year journey.

The Challenge: A Contaminated Land Condition

The allowed appeal came with a contamination land condition—a standard requirement for former petrol station sites, where fuel storage tanks and associated infrastructure typically leave a legacy of soil and groundwater contamination. 

What should have been a relatively routine technical exercise turned into a four-year fight. The complexity arose from several factors:

• The development was retrospective - demonstrating appropriate assessments had been carried out during the construction of the development and measures implemented was challenging. 

• Site History: Decades of petrol station use had created multiple potential contamination sources, requiring comprehensive investigation and remediation strategies

• Technical Requirements: Meeting the local authority's satisfaction required extensive site investigations, risk assessments, and remediation proposals

• Evidence Gathering: Assembling the substantial technical documentation needed to demonstrate the site was safe for residential use

• Financial Outlay : the expense of appointing a contaminated land specialist was significant

  
  

Throughout this period, our client was unable to lawfully occupy their new home. The personal and financial strain of maintaining an empty property while working through the discharge process cannot be understated.

Persistence Pays Off

With the support of a Contaminated Land Specialist, and their numerous discussions with the EHO, revised reports, additional testing and monitoring, we finally achieved what had seemed increasingly elusive: formal discharge of the contaminated land condition.

This success required:

• Coordinating specialist environmental consultants to provide robust technical evidence

• Maintaining constructive dialogue with council officers, even when progress felt glacial

• Ensuring all documentation met the required standards and addressed every concern raised

• Staying focused on the end goal throughout a frustratingly lengthy process

  
  

The Outcome: A Home at Last

Our client can now move into their dwelling—a moment four years in the making ( longer if taking into account the application and appeal process). What makes this outcome particularly satisfying is that it represents not just a planning success, but the transformation of a disused petrol station into a residential home, contributing to local housing supply while remediating a brownfield site.

This case reinforces several important lessons for anyone dealing with contaminated land conditions on retrospective approvals:

1. Early Expert Involvement: Engage environmental consultants early in the process—contaminated land issues rarely resolve themselves quickly. We were lucky to work with great consultants at GroundSolve. 

2. Patience and Persistence: Discharging contaminated land conditions can take significantly longer than anticipated. There is also no deemed discharge.

3. Comprehensive Documentation: Local authorities need robust evidence—half measures will only prolong the process.

4. Financial Outlay: Addressing matters relating to contaminated land is expensive when dealing with a brownfield site. It is significantly more expensive trying to address this issue retrospectively.

   
   

Looking Forward

This case was extremely complex. While we always hope for swifter resolutions, our commitment to seeing cases through to a successful conclusion—however long that takes—means our clients can ultimately achieve their goals.

Contaminated land.pdf

Download PDF • 126KB

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Every planning case is unique, and past successes do not guarantee future outcomes. If you have a similar situation, please get in touch to discuss your specific circumstances