In the UK a brownfield site is defined as “previously developed land” that has the potential for being redeveloped. It is often (but not always) land that has been used for industrial and commercial purposes and is now derelict and possibly contaminated.
Brownfield sites have become increasingly popular in recent years, especially in places where demand for residential and commercial property is high. & the new NPPF makes reference to this & this new planning policy is committed to developing brownfield sites as a priority. Known as suststainable development.
All brownfield sites need to be assessed before they can be redeveloped. This involves an analysis of the soil, groundwater and surface water through testing for hazardous compounds;
Asbestos, oil / petrol, chemicals, Japanese knotweed.
Any development plans must be made compliant with current regulations. Special licenses are required to reclaim brownfield sites and strict environmental regulations can be prohibitive for developers. If the environmental assessment is positive and supports the redevelopment, the next step is remediation.
Remediation
Remediation of a brownfield site is the removal of all known contaminants to levels considered safe for human health. Redevelopment can only take place after all environmental health risks have been assessed and removed. Remediation can be expensive and complex, and this needs to be seriously considered before purchasing brownfield land.
In the last few years several new remediation technologies have started to emerge. These are proving to be relatively low-cost compared to traditional processes, with the benefit of protecting and preserving the environment:
- Bioremediation uses the natural processes of indigenous bacteria, microorganisms, plants, enzymes and fungi to destroy or neutralise toxins and contaminants.
- Phytoremediation uses plants to store contaminants in their leaves and stems (bioaccumulation). Some contaminants such as heavy metals can be harvested and mined for reuse (phytomining). With phytoremediation,
- In-Situ Chemical Oxidation injects oxygen or chemical oxidants into the contaminated soil or water to destroy harmful compounds.
Environmental searches and contaminated land
As understanding of the importance of land contamination has increased, so it has become more common for solicitors to make enquiries about land contamination.
Legislation (Environmental Protection Act 1990) places certain duties on Local Councils and land owners regarding contaminated land, and this has made it much more likely that possible contamination is considered when property is bought or sold.
Although not a statutory requirement, environmental searches are frequently carried out by conveyancing solicitors to identify contamination that might affect the property being offered for sale. These environmental searches are most often provided by commercial organisations and are supplied at various levels of detail, ranging from provision of purely factual information through to detailed interpretation of findings.
Generally the searches include a study of old historical mapping, land use records and other information that might indicate matters of potential concern.
As a result of these searches the provider may issue a certificate that the site appears to be at minimal risk of being affected by contamination. Alternatively if contamination is suspected a certificate may be withheld, but a warning issued that contamination may be present. This is not a guarantee that contamination is actually present, nor is the issue of a certificate a guarantee that no contamination is at the property.
Find out more;Contact the Contaminated Land Officer at the local authority. The Contaminated Land Officer holds information on many sites in your area. It is possible that they may have records of the former uses of your property, how any contamination was tested and details of any remedial work undertaken to make the land safe.
It might also be beneficial to contact the Council’s Planning Department and Building Control Department.
In addition you can contact the Environment Agency, a body that addresses pollution incidents and has powers to enforce clean-up of environmental damage.
NHBC & contaminated land; Guidance for the Safe Development of Housing on Land Affected by Contamination. Check their website.
Contaminated land is covered under their warrenty; BUT check & recheck the wording, what is and what is not covered. Don’t assume anything. If you’re really worried speak with you legal team, speak with the developer or get extra insurance cover.
Useful contacts;
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