Concerns over contaminated land

22/11/2011 Written by: Sue Garland No comments

10,000 contaminated land sector professionals call for safeguards in NPPF – EIC to launch campaign 

The Environment Industries Commission (EIC) Contaminated Land Working Group has expressed serious concerns to the Department for Communities and Local Government (DCLG) on current proposals within the National Planning Policy Framework (NPPF) that fail to reflect fundamental principles of Sustainable Development. The EIC publishes its overarching response today and is launching a major campaign (week of 28th November) on issues raised by the Contaminated Land Working Group.

Launched in 1995, the EIC serves as an interface between the UK’s environmental technology services (ETS) industry and government. The EIC is the largest trade association for the ETS sector in Europe with over 200 member companies supported by cross-party MPs, industrialists, green NGOs, environmentalists and academics. The EIC and its members work to provide solutions that meet or surpass the environmental standards set by Government legislation and work in partnership with government to strengthen the UK’s environmental policy framework.

EIC Policy Working Groups were each invited to present comments on the NPPF including Contaminated Land, Resource Efficiency and Waste Management, Environmental Laboratories, Waste Management, Sustainable Buildings and Energy Efficiency, Carbon and Environmental Management.

Hugh Mallett Technical Director, Ground Engineering, Buro Happold was invited to frame the collective response of the Contaminated Land Working Group which is calling for the ongoing recognition of the brownfield first policy and 60% brownfield housing target. Mallett summarises: “In order to support the presumption in favour of sustainable development, planning policies should ensure that Brownfield land should be developed first, reducing the need for the development of Greenfield sites. The NPPF as currently drafted does not refer to Brownfield land and does not clearly state that such land should be developed first.”

In his response to the DCLG, Michael Lunn, EIC Director of Policy and Public Affairs says: “Concern over the NPPF is most pertinent within the contaminated land remediation sector as the draft Framework does away with the “brownfield target” that at least 60 per cent of new homes should be built on previously developed land. This not only leads to greenfield land becoming the cheaper, more appealing option for developers, but is likely to see widespread job losses within the remediation sector and brownfield plots left abandoned, remaining an ongoing to blight to local communities – to us, this seems far from sustainable. Without supporting national guidance, the Framework as drafted will also not deliver a consistent approach, both in terms of delivery and quality. In the building sector for example, there is concern that this could lead to the undermining or complete dismissal of building regulations, standards and design codes if they are regarded as “financial burdens on development” by the interpreting Local Authority.”

The collective (EIC) Contaminated Land Working Group strongly recommends that DCLG ensure that the new planning policy guidance on land affected by contamination:

• retains a clear and unequivocal statement that contamination is a material planning consideration;
• draws attention to the opportunities presented by redevelopment to mitigate the risks posed by land affected by contamination;
• includes critically important statements on the relationship between Part 2A and the planning regime (e.g. ‘As a minimum, following development, land should not be capable of being Determined under Part2A)’;
• strongly advises the local planning authority to always consult their contaminated land officers on Brownfield redevelopment sites;
• stresses that it is the developer’s responsibility to carry out the necessary investigation, assessment and remediation;
• clearly states that the minimum information required from the applicant is a report of a desk study and walkover survey;
• maintains the position that the required standard of remediation is the removal of unacceptable risk and making the site ‘suitable for use’
• promotes the use of competent professionals to undertake the assessment of land, for example the SiLC scheme promotes an appropriate level of competence across the many skill areas involved in Brownfield sites.

The EIC is available at: http://www.eic-uk.co.uk/main.cfm