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Contents
What are Brownfield sites? And why bother
Partnership support for regeneration
Tax advantages
Government’s approach on land contamination
Current (existing) land uses
New land uses
What are Brownfield sites? And why bother
There are various definition of Brownfield or previously developed land. In recent years other terms, such as “derelict land”, “vacant land” and “redevelopment” have also been used. Planning Policy Guidance Note 3 Housing, defines Brownfield sites as:
“Land which is or was occupied by permanent structures (excluding agricultural or forestry buildings) and associated fixed surface infrastructure”
There are often problems associated with the redevelopment of Brownfield sites, which may include contamination.
Brownfield land is a resource which is often not exploited to its full potential. Increasingly, the principles of sustainability are being applied to the justification of, the design and delivery and the continuing management of the construction scheme. This is relevant to the redevelopment of previously developed land and, indeed, to all developments.
Reuse of Brownfield land can offer many opportunities to construction professionals involved in provision of housing developments, infrastructure and amenities which is integral to the creation of sustainable communities. In recent years, over 10 000 hectares of contaminated land has been remediated in the UK. This will increase as London prepares for the 2012 Olympics.
Partnership support for regeneration
Partnership support for land and property regeneration schemes may be available from the regional development agencies (RDAs) and English Partnerships, the Welsh Development Agency in Wales and Scottish Enterprise in Scotland. In England, this can take the form of a Brownfield improvement grant. Schemes of most interest to client developers cover:
For schemes in Scotland and Wales, the respective development agencies also have grant support mechanisms, which are subject to different terms.
Potential opportunities in respect of previously developed sites include:
Government’s approach on land contamination
The government’s report, Sustainable Communities Plan published in 2003 set a target that 60 per cent of new housing should be constructed on Brownfield sites or through conversion of building by 2008.
UK Legislation
Where contamination creates risks through the existing use of land, there is now a statutory regime – Part IIA of the Environmental Protection Act (EPA) 1990. This was inserted into the EPA by Section 57 of the Environment Act 1995 and came into force on 1 April 2000 in England. It was implemented in Scotland and Wales in July 2000 and July 2001 respectively. To date, provisions for Northern Ireland have not been implemented.
This regime provides details for assigning liabilities for contaminated land based on “polluter pay” principle.
The government’s wider approach to contaminated land is embraced in a “suitable for use” approach described in DEFRA’s Circular (02/2000). This seeks to ensure that land is:
The government views this approach as “the best means of reconciling the various environmental, social and economic needs”. The government has three objectives relating to contaminated land:
The Part IIA regime provides a statutory definition of land that is contaminated. This definition is devised for application to the Part IIA regime and relates to the specific duties of local authorities to regulate land within their areas in the context of its existing use.
For England, the secretary of state has used powers under the Act to issue statutory guidance (to be read in conjunction with the Act) that, among other things, provides a detailed framework for the definition of contaminated land.
The definition is based upon the principles of risk assessment. The statutory guidance follows established risk assessment approaches and involves identifying whether the interaction between a contaminant and a receptor via a pathway is established. This is referred to as the source-pathway-receptor linkage, sometimes also called the contaminant-pathway-receptor or the source-pathway-target linkage. Where such a linkage is identified, this is known as a pollutant linkage. This linkage is of a form that leads to land being identified as contaminated land in the context of Part IIA, the linkage is termed a significant pollutant linkage.
Land contamination (or the possibility of it) is a material planning consideration where land is being developed for a different use. Application of the source-pathway-receptor concept in conjunction with good practice guidance is as relevant to redevelopment projects as it is to existing use under Part IIA.
The principles and authoritative advice contained in the good practice guidance used with Part IIA can again be employed as a basis for managing land contamination in the development context, this time taking into account the future use of the land. This framework for applying good practice principles in either regime should give confidence that a consistent approach can be taken both to circumstances on existing land and to proposed new land uses.
For example, clients involved with redevelopment may consider it important to establish whether and to what extent a site remediated as a condition of the planning regime may remain exposed to future regulatory action under Part IIA in what would be its then existing land use.