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A report which features a road map illustrating the issues for contaminated land liability transfer across Europe has been published.
The study Environmental liability transfer in Europe: Divestment of contaminated land for brownfield regeneration by the brownfields working group of the Network for Industrially Contaminated Land in Europe (NICOLE) contains detailed information for 15 different European jurisdictions.
By following the road map, users can explore the definitions of 'contaminated land', 'brownfield' and related terms, what status they have and how they are used in different European countries.
There is also information on legislative, policy and market drivers for brownfield regeneration in Europe, and how they are used in different European countries/territories, together with environmental liability transfer mechanisms in Europe, including statutory and contractual provisions, and insurances.
Closure of industrial sites is an inevitable part of the cycle of land use. Organisations closing facilities are sensitive to the possibility that, even with safeguards in place, it could be possible for a post-divestiture contamination problem to end up back with them.
Unlike the sale of many assets there can be a continuing liability associated with the sale of land in line with the Polluter Pays Principle. Such liability can 'bounce back' to the original polluter.
Liability transfer can be a key element of the decision whether land remains un-reclaimed, or whether the 'factory gates are opened' and the site is regenerated into a new productive use, supporting local needs such as employment or housing provision.
Some 3% of all properties in the UK are affected by land contamination meaning 786,000 properties could be affected. The average cost of cleaning up contaminated land is £250,000 per acre, meaning making right the average contaminated plot in the UK could cost £15,000.
The Environmental protection Act states that while the first person to bear responsibility for cleaning up of contaminated land is the person who caused it, where that person cannot be identified by a local authority, the person who currently owns or occupies the land will be held responsible for removing the contamination.
There are multiple options available to UK homeowners concerned about buying on potentially contaminated land. A number of insurance policies are available to residential property owners that pay out should any historical contamination be discovered on the site. Once purchased, these policies are passed down through owners of the home. Their value is fixed and unrelated to the value of the property.
However, insurance policies cannot protect homeowners from blight and the possibility of health consequences arising from unidentified property blight. It is possible to obtain land contamination reports, which allow property buyers through their solicitor to find out whether land is affected by contamination at the conveyancing stage of a purchase. While the highest proportion of contaminated land is in former industrial parts of northern England, less than a third of these searches are undertaken in the north.
David Kempster, director of SearchFlow, said: “For those affected, land contamination is a financial hand grenade, which is often not picked up by conveyancers. Many homebuyers, especially those making their first purchases, have limited equity in their properties and so cannot borrow to cover the cost of cleanup work. Being hit with £15,000 of additional costs for a new house could be financially catastrophic and for those with plots larger than the UK average of 243 square metres, the expense could become even more unmanageable.
“As green belt land has been fiercely protected by local authorities in the last 50 years, a large proportion of UK homes have been built on brown field sites, which often contain multiple types of contaminant. This means the number of residential occupiers potentially at risk of major liabilities for land contamination is growing rapidly.
“Homeowners should bear in mind why cleaning up contamination is necessary. Contaminants in land can potentially have a harmful effect on the health of the people living on it, as well as expensive costs of decontamination. If contaminants leech out into neighbouring land, owners could find they are liable for the cost of cleaning up that contamination too. As far as buyers are concerned, it’s far better to avoid the problem of land contamination altogether than to face its discovery down the line. Making sure your conveyancer looks carefully into the possibility of contamination will pay large dividends in the long run.
“In the regions where there is the highest risk of purchasing contaminated land, due diligence searches are less popular than in south east England. It’s vital that homebuyers realise saving money on search fees during the conveyancing process can have disastrous financial consequences if they could have revealed that a property is on contaminated land.”
DEFRA is running a consultation seeking views on proposals for updating and revising the Statutory Guidance which forms a key part of the contaminated land regime in England and Wales under Part 2A of the Environmental Protection Act 1990. Views are also sought on minor proposed amendments to the Contaminated Land (England) Regulations 2006 and the Contaminated Land (Wales) Regulations 2006.
The consultation is aimed at specialists in the land contamination sector and anyone else with an interest, including members of the public. It has been prepared by the Department for Environment, Food and Rural Affairs (Defra) and the Welsh Assembly Government.
The deadline for comments on the consultation is the 15th March 2011.
To obtain the consultation papers, please click here.
Contaminated Land Capital Grants programme in Wales is being cut 29/11/2010 and the following statement was sent from Welsh Assembly Government:
Following the announcement of the draft budget last week, you will be aware that it is proposed that there will be no capital funding allocated for a continuation of the Contaminated Land Capital Projects Funding Programme beyond the 2010-11 financial year.
Whilst this may be disappointing please be reassured that the Welsh Assembly Government remains committed to contaminated land issues within Wales and has asked the Environment Agency Wales to prepare an issues paper on contaminated land in Wales.
For more infomation please contact:
Katherine Smith
Policy Officer
katherine.smith@local.gov.uk
020 7665 3875
Creating open space on previously developed land can provide genuine opportunities for making the most out of sites that are otherwise associated with blight and high management costs. Open spaces are multi-functional - offering not just a single land use solution, but the opportunity to achieve social, environmental and economic added value.
Previously developed land can present problems but also opportunities. The benefits range from water capture, cleansing and storage, flood-risk management, climate change adaption to timber, food and energy production. However contamination, location, biodiversity value, productivity, accessibility and proximity to potential beneficiaries of the services to developed sites, etc. need to be assessed and their economic implications should be considered.
Please click here to register for the event
Edie Newsroom - A scheme to build 800 new homes on a Northampton brownfield site has been given the green light by the local planning authority.
West Northamptonshire Development Corporation (WNDC) claims the plans will transform the run-down Ransome Road site, situated near Northampton town centre.
Development on the site, which will include community facilities alongside the homes, is anticipated to eventually link with the development of neighbouring land at a former power station and Avon Cosmetics factory as part of wider regeneration plans for Northampton town centre.
The decision to allow the scheme - led by the Homes and Communities Agency - followed WNDC's confirmation in August of a £2.3 million investment for vital transport improvements around the brownfield site.
WNDC chief executive, Peter Mawson, said: "The Ransome Road scheme is an important part of a wider plan for the revival of Northampton town centre.
"It is a very complex project and a lot of work is required to make this brownfield land suitable for development. Using our investment and development powers, we are working with the Homes and Communities Agency, as well as the local authorities, to breathe new life into this part of the town."
Started in summer 2006, the development of Ransome Road is part of Northampton's ongoing Brownfield Initiative: a long-running, multi-million pound programme to bring Northampton's derelict land back into use. The brownfield site comprises 23 hectares of largely disused land which previously incorporated a mix of industrial uses, including landfill and a breakers yard.
Anthony Sowden of the Homes and Communities Agency, which acquired the land for development, said that the WNDC's decision meant progress could now be made towards securing a developer for the project. He added: "This project represents a major element of the plan to support Northampton's growth ambitions."
September 2010
EDIE newsroom - The docklands of the Wirral Peninsula will be regenerated over 30 years after the UK's largest planning application was given the go ahead. The £4.5 billion Wirral Waters scheme is intended to breathe fresh life into disused brownfield sites, bringing environmental as well as economic benefits to Birkenhead, Wallasey and the wider Merseyside region. Councillor Jeff Green, Wirral Council leader, said: "We can now look forward to the site's transformation over the coming years to help improve the economic fortunes of the borough and that of its residents."
Birkenhead docks where the Wirral Waters development will take place comprise more than 500 acres, creating tens of thousands of jobs during construction, many of which will bring environmental benefits. The building work will span some three decades and create around 27,000 jobs once complete.
Councillor Andrew Hodson, cabinet member for regeneration and planning strategy, said: "This is a great day for Wirral. We have been working closely with Peel for almost four years to bring jobs and regeneration to the borough. The approval of this planning application will lead to the total transformation of what is currently derelict brownfield land within East Float at Birkenhead Docks and when finished will create over 27,000 jobs. This has taken place against a backdrop of the worst recession in living memory and it is a credit to both Peel and Wirral Council that we have kept the plans moving."
He added: "Subject to getting the okay from the government, we hope work will start on site within the next two years and officers of the council will continue to work with Peel as we move into the development phase."
August 2010
CIRIA is hosting an event on the 2nd November which will examine the opportunities and challenges of turning brownfield to open green spaces. Creating open space on previously developed land can provide genuine opportunities for making the most out of sites that are otherwise associated with blight and high management costs. Open spaces are multi-functional - offering not just a single land use solution, but the opportunity to achieve social, environmental and economic added value.
Previously developed land can present problems as well as opportunities. The benefits range from water capture, cleansing and storage, flood-risk management, climate change adaption to timber, food and energy production. However contamination, location, biodiversity value, productivity, accessibility and proximity to potential beneficiaries of the services to developed sites, etc. need to be assessed and their economic implications should be considered.
The cost of the event is £150.
For more infomation and to register click here
August 2010
Edie.net - Major funding is still available for local authorities looking to clean up contaminated land despite the government's new age of austerity. The funding window for Contaminated Land Capital Projects is now open, with council bids expected before government by August 12. The budget has been cut from £17.5 million to £10 million and will be administered by the Environment Agency rather than the Department for Environment, Food and Rural Affairs (DEFRA) as in the past. The Environment Agency intends to allocate funds by the end of September. Last year, the fund was under-subscribed with just £9.5 million of the £17.5 million total allocated.
Lisa Crews, policy officer at Environmental Protection UK, said: "The obvious challenge is to ensure this grant money is used as efficiently as possible. It is hoped that this system will provide a robust way of managing the de-ring-fencing of these grants by helping to limit the effect of any project under spend on the overall available funds. Local authorities are encouraged to bid, further under spend of this grant risks sending the message that it can withstand further cuts."
The contaminated land capital projects programme was previously managed by DEFRA, with technical input from the Environment Agency. £9.5 million was allocated under the scheme in 2009/10.
Some changes have been made to the application system. These include that funds will now be paid on completion of projects not up front mirroring the process by which other capital grant schemes are administered, including the flood defence grant scheme. Otherwise the application system remains substantially the same.
Enquiries should be directed to conlandgrants@environment-agency.gov.uk
July 2010
CIRIA has launched its industry leading contaminated land eLearning modules. The course aims to provide an excellent foundation level understanding of contaminated land legislation and technical matters. Packed with authoritive guidance, this course offers flexibility and exceptional value for money to recent graduates and professionals with limited experience. Structured to fit around your current working hours, the short course brings together authoritive guidance, an understanding of brownfield and contaminated land legislation and a flexible approach to learning.
After studying this course you will:
For more infomation and to register, please click here. For a copy of the flyer, please click here.
July 2010
Guidance has been published covering how, where and when soil excavated from construction sites can be used elsewhere in Northern Ireland. The guidance - which has the backing of industry groups as well as the environmental watchdog - is step forward for the province's economy as well as its environment. It covers soil from newly-developed greenfield sites, rather than potentially-contaminated soils from brownfields.
Northern Ireland's Environment Minister Edwin Poots said: "I firmly believe that the pursuit of environmental and economic goals is complimentary. I particularly welcome the joint working between NIEA and the construction industry to produce this guidance. One of the most important aims of my department is landfill diversion. This is not only due to the financial implications of impending EU infraction fines but because it goes against the grain to bury valuable resources in to the ground. This guidance provides sensible regulations and solutions that are proportionate and effective yet risk-based. This will ensure what was formerly classified as 'waste' can be re-used sustainably whilst still protecting the environment and human health."
John Armstrong, managing director of the Construction Employers Federation added: "We very much welcome this new guidance. In the past, our members could not understand why clean topsoil or other useful soils could be classified as 'waste'. This new guidance will help streamline the re-use of soil while still protecting the environment. The federation encourages the industry to move soils responsibly and in accordance with this new guidance in order to demonstrate that we can self-regulate responsibly. This will build confidence with the regulator and prove that this type of 'lighter-touch' can work for both the industry and the environment."
The new guidance clearly lays down conditions under which uncontaminated, greenfield soil from construction sites can be re-used sustainably without the requirement for environmental regulatory controls.
July 2010
The Environment Agency has published Guiding Principles for Land Contamination (GPLC), which replace previous guidance entitled 'Environment Agency requirements for land contamination reports'.
This guidance provides an overview of good practice according to the Environment Agency, largely relating to the protection of water.
The agency intend to review and improve the guidance over time, as good practice, legislation or government policy changes. It should be noted that as this guidance was produced prior to the May 2010 election, it includes references to policies, guidance or web pages of the former government which may be subject to change.
For some FAQs click here.
June 2010
£7.5m will be cut from the contaminated land capital grant budget for 2010/11, from an initial allocation of £17.5m to a revised budget of £10m. These reductions are part of the £6.2 billion in 10/11 spending announced by the Government on Monday 24 May.
The first application window for 2010/11 took place earlier this year and payments have been allocated. Environmental Protection UK understands a second funding window will take place in the next few weeks to allocate the remaining funds. Money will be allocated according to risk priority. It is important that local authorities continue to take the necessary steps in preparation of the next funding window so they are ready to apply for funds. With the overall pot reduced, it is essential that all applicants ensure proposed projects represent value for money and that underspend is kept to an absolute minimum – in particular by making sure that money is spent in the financial year for which it was allocated.
The contaminated land grants are one of a wide range of grants that will be de-ringfenced as a measure to give local authorities extra flexibility. The end to ring-fencing should not affect payments already made under the first 2010/11 window.
Future budgets will be decided as part of the Spending Review that is scheduled to take place later this year.
June 2010
Corby Borough Council has confirmed that it will pay out £14.6m to a group of residents who took them to court over the reclamation of a former steel works.
The out of court settlement marks the end of an 11 year battle for compensation for 19 children and young people in Corby and the surrounding area, who claim they were born with birth deformities as a result of toxic fumes released into the air during the remediation of the British Steel plant in the 1990s and 1980s.
The final sum includes compensation for the claimants and both sides' legal costs, although the exact details of the compensation settlement remain confidential.
Cllr Pat Fawcett of Corby Borough Council said that the bill would be paid in annual instalments of £730,000 over the next 20 years, adding that the costs would be covered through increased income, efficiency savings, natural wastage and staff.
Corby has not admitted liability for the incident.
For more information see http://www.environmental-protection.org.uk/news/detail/?id=2451
June 2010
This briefing note has been written to assist the GMPPP local authorities when considering development on land potentially affected by ground gas contamination. It brings together the key points of CIRIA guide C665 Assessing risks posed by hazardous ground gases to buildings (revised), NHBC 2007 guidance and BS 8485, and offers recommendations where appropriate.
The GMPPP consists of the 10 Greater Manchester authorities, Manchester CC, Salford CC, Bury MBC, Trafford MBC, Tameside MBC, Oldham MBC, Bolton MBC, Rochdale MBC, Stockport MBC, Wigan MBC, plus Blackburn with Darwin BC and Warrington BC.
To download a copy of the briefing note please click here. For further details please contact Stuart Bayley at Manchester City Council on 0161 234 1363 or email: s.bayley@manchester.gov.uk
April 2008
Contaminated land project management skills, 30 January 2008, Newcastle
“The workshop covered project management skills primarily for contaminated land officers within local authorities. It was anticipated that the procurement process would be discussed along with stakeholder engagement and health and safety issues. The workshop was presented with knowledge and enthusiasm and provided a comprehensive and holistic understanding of the management of contaminated land projects. A greater understanding of the different tender methods was achieved including an overview of common timescales and potential financial risks that could be encountered. Group interaction proved to be very useful and the topic of managing consultants and contractors sparked much debate!”
Laura Mowbray, Contaminated Land Officer, South Tyneside Council
Critical assessment of contaminated land reports, 7 February 2008, London
“ I thought the workshop was very good and we picked up some good practical advice. The morning work provided the basis for the afternoon case studies and group work. There were a lot of case studies in the afternoon. Perhaps any case studies directly related to a module could be discussed briefly straight after the module when the technical information has just been given. Then any wider based case studies and group work later could draw everything together in the workshop. This may mean more time on the case studies and you would need to be careful to ensure adequate technical training.”
Mick Brough, Scientific Officer, London Borough of Hillingdon
Critical assessment of contaminated land reports, 21 February 2008, York
“I attended the Critical assessment of contaminated land reports on 21 February 2008, which was presented by Environ UK Ltd. The attendance was good with the large majority of delegates being from local authorities. Both speakers were very good, keeping to the time and covering all aspects of critically assessing consultant reports. The handouts were excellent and at the end we were handed a CD of the PowerPoint presentation, which we can refer to in the future and look at the diagrams in more detail at our leisure. The group exercise was very useful. We were handed a number of reports which were lacking information, of which we had to review, this was then discussed. I found the course overall to be very useful and worthwhile.”
Sarah Clement, Contaminated Land Officer, Darlington Borough Council
Ground engineering aspects of contaminated land management, 13 March 2008, Wigan
“As a regular recipient of ground investigation reports which often have a significant portion directed at CPT tests, shear strength tests etc, I was interested to learn more about how ground engineering techniques interlink with contaminated land management. Generally I tend to quickly flick past these sections in order to go straight to the chemical test results and borehole logs. Pamela Welburn and Dr Chris Evans both from Arcadis GMI, took us through the process of characterising the land both from a chemical and civil engineering perspective, and then overviewed the many techniques for ground improvement and ground treatment. With the pressure on landfill space ever increasing and working in an area where dig and dump is still the preferred option for most developers it was an ideal opportunity to develop my understanding of other techniques that may be applicable. A case study also allowed us the opportunity to overview the processes carried out on an actual development site.
After an extremely interesting, informative day (interspersed with a particularly sumptuous lunch at the JJB Stadium) I left feeling that I had a much greater appreciation of the connections between these two closely related disciplines. I now know how the different ground improvement techniques are installed, the considerations required when assessing the site specific requirements of each technique. I also now look forward to a site report being submitted which details the use of MIP (membrane interface probe) and LIF (laser induced fluorescence) technology onsite. I have to say that this was one of the most useful, informative courses I have so far attended.”
Cathy Reynolds, Contaminated Land Officer, Eden District Council
April 2008
Members are reminded that they are entitled to a free CIRIA contaminated land publication annually following renewal of their LACL membership. For a list of publications to choose from please visit: www.contaminated-land.org/lacl_member_pubs.htm
To request your free publication, please contact Philip Charles on 020 7549 3300 or email: philip.charles@ciria.org
April 2008
Local planning authorities (LPAs) are key stakeholders in the sustainable management of flood risk and drainage. This network has been set up to disseminate good practice, research outputs and policy relating to sustainable drainage and flood risk management to planners and operational staff within LPAs.
The network also provides those working within LPAs the opportunity to discuss issues and challenges, share knowledge and new approaches to facilitate the identification of common solutions through events and the online forum. As a result, participants of the network are informed of good practice and changes in policy, practices and research.
For further details on LANDFoRM please visit: www.ciria.com/landform or contact Paul Shaffer on 020 7549 3300 or email: paul.shaffer@ciria.org
April 2008
Brownfield regeneration remains key to the Government’s plan for creating sustainable communities, with as much as a third of the 66,000 ha of brownfield land identified by the National Land Use Database readily available for development in England. However, crucial to brownfield regeneration are the issues of restoring the land to a high quality as quickly and cost effectively as possible, especially if it is contaminated.
WRAP (Waste & Resources Action Programme) has been working with industry partners to investigate methods for both creating and improving the quality of topsoils, which are both cost effective and sustainable. For further details, please click here.
June 2007
In order to cater for the needs of the increasing number of members CIRIA has divided the UK and Northern Ireland into 10 regions as shown below.
Each region will be represented by a LACL member who will be the point of contact for members and non-members in their region. To contact the member in your region please click here.
November 2006
With the number of local authorities becoming LACL members increasing and being spread around the country CIRIA and decided to set up a management committee to oversee the development of the workshop programme and represent the views of members. The committee will meet twice a year and will be formed of representatives from members and CIRIA. For details of who will be representing your region please click here.
If you work for a local authority in a region that does not yet have a confirmed representative and you wish to put yourself or a colleague forward please contact Philip Charles via philip.charles@ciria.org or on 020 7549 3325.
November 2006
CIRIA would like to ask members if they could pass on details of venues in their area that would be suitable for holding LACL workshops. These can be council offices, hotels or other locations (e.g. Environment Agency offices) that can cater for between 30 and 40 people. Please pass on any details to Philip Charles at philip.charles@ciria.org.
November 2006