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The answer to this is not as straightforward as you might imagine; it rather depends on who is asking and why they are asking. So let us consider the who or why:

• The local authority or the Environment Agency consider the site is potentially contaminated
• A contaminated land condition has been attached to your planning application
• You are considering buying some land
• You have a plot of land and now you want to use it as an allotment

Let’s consider each of these in turn.

If the local authority or the Environment Agency consider the site is potentially contaminated, they are using the definition in the Environmental protection Act 1990: Part 2A.

Section 78A(2): “contaminated land” is any land which appears to the local authority in whose area it is situated to be in such a condition, because of substances in, on or under the land that – (a) significant harm is being caused or there is a significant possibility of such harm being caused, or (b) significant pollution of controlled waters is being caused, or there is a significant possibility of such pollution being caused;

Put simply, is there something on or in the land that can reach and harm someone or something? The onus is on the local authority or the Environment Agency to demonstrate that harm or the significant possibility.

If a contaminated land condition is applied to a planning application, it is because the local authority considers there may be a risk from the land due to the proposed development or use of the land. Here the onus is on the applicant to demonstrate that there is not an increased risk to anyone or anything from contamination.

If you are considering buying some land, either you or your solicitor should as a minimum, obtain an on-line search from a company such as Landmark or Groundsure. If this report indicates that there is potential contamination, then you should ask a suitably qualified consultant for advice. If you buy contaminated land you could end up being responsible for clean-up costs.

If you are considering making a plot of underused ground into an allotment you are going to be working the soil, getting dirty, creating dust and hopefully eating some of the produce. This will open up new ways in which any contaminants present can cause harm. As a minimum some soil testing should be undertaken to enable an assessment of risk to be made.

It was great to go back for a third time supporting Sydenham Garden at one of their sites. Thank you to the team who worked extremely hard on the essential task of rebuilding and restocking the wood store ahead for winter. This has been a great team building activity and giving back to the community. It is great to hear about the work  being done and to contribute to this very worthwhile project. Thank you to Peter, Matt, Davina, Ed, and Azra. See pictures from the day below.

Sydenham Garden do an amazing job supporting people with mental ill-health in South London. Using horticulture for therapy and rehabilitation at their community gardens, providing training, using art as creative expression, working to protect and preserve the environment as well as selling some of their produce. If you would like to know more about Sydenham Garden, please see link below.

https://www.sydenhamgarden.org.uk

The Association for Consultancy and Engineering has written to the Chancellor ahead of the Autumn Statement on Thursday. See link below.

https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:15ba71b6-9ed2-422e-80ea-82262b7502ff

The new brownfield fund opens the potential for derelict brownfield sites across England will be transformed into thousands of new homes

At the Spending Review 2021, the Chancellor announced a £1.8 billion package of investment to regenerate communities and level-up the country, unlocking new homes on derelict and underused brownfield land. Up to £180 million Brownfield Land Release Fund (BLRF2) capital grant funding is available to all constituent English councils over a three-year period to support the release of council-owned brownfield land for housing.

Councils are now able to apply for a share of the brownfield land release fund 2 with the first £40m available to bid for from 8 July to support regeneration projects. A further £140m will be allocated over the next two years.

Under the first brownfield land release fund £77 million was allocated to councils across the country releasing brownfield sites for over 7,500 new homes.

The funding will be administered through One Public Estate (OPE), a partnership between the Office of Government Property in the Cabinet Office (OGP), the Local Government Association (LGA) and the Department for Levelling Up, Housing and Communities (DLUHC).

Councils have until 19 August 2022 to submit applications via the designated accountable body of their local OPE Partnership.

The adverse impact of over production of nutrients is something we have known about for a long time, unfortunately there has been little coordinated action to address the matter. As my grandmother would have said “A stitch in time saves nine”, I suspect there are some who feel that on this issue we long ago passed the point where nine stitches were going to do the job but to use another we worn phrase, better late than never.

The Local Government Advisory Service says: “A growing number of local planning authorities have learned from Natural England that development in some catchments cannot proceed if it increases levels of nutrients. Their advice is that development can only proceed if it is “nutrient neutral”. We’re starting a new programme of work to support the latest cohort of councils learn from the experience of councils before them.”

A DfERA policy paper, Nutrient pollution: reducing the impact on protected sites, Published 16 March 2022, notes: “Nutrient pollution is a particular problem for our freshwater habitats and estuaries. Increased levels of nutrients (especially nitrogen and phosphorus) can speed up the growth of certain plants, disrupting natural processes and impacting wildlife. This process damages water dependent sites, harming the plants and wildlife, and affects the oxygen carrying capacity of the water. In technical terms it can put sites in ‘unfavourable condition’. The sources of excess nutrients are site specific, but predominantly originate from wastewater treatment works and agricultural pollution.”

Clearly this is an issue that housebuilders must consider at the earliest stages of planning to ensure that it can be adequately address. It is likely that ever more areas of the country will find that they are impacted by this requirement to achieve nutrient neutrality. As of March 2022, a further 42 local authorities are now affected, making a total of 74 since 2020. In the context of housing need, this is an issue which could have significant and long-running implications. The Home Builders’ Federation (HBF) has published research suggesting that due to this issue up to 100,000 homes are currently delayed.

We are delighted to be providing advice to Dandi Living on contaminated land for another project.

Property Wire reports: “Located on a quiet road surrounded by residential houses and apartments, Dandi Battersea benefits from being within walking distance to Clapham Junction and Wandsworth Town train stations, as well as the local amenities of the surrounding area. The site, which is almost 16,000 sq.ft., is currently sitting vacant, so the cash injection will help breathe new life into the surrounding area.” Read more

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Current vacant building

An interesting article by Steven Porter and Sam Wardleworth of Pinsent Masons makes the case that:

There are several areas in which the law governing landfill tax in England and Northern Ireland could be clarified so that the tax better supports the government’s environmental objectives, including achieving zero avoidable waste by 2050.

Read more

Exciting to see the first phase of this residential development approach completion. We have been on site regularly from early on and have just completed verification for the first phase.

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Here looking from an area of public realm towards the site.

The report looks at the practical issues and economics of brownfield development  with the aim of encouraging a positive approach to the subject by government, local authorities, developers and construction and property professionals. The EIC has this to say:

The UK’s rich industrial heritage, rising population and a constrained space makes the reuse of previously developed or brownfield land an essential part of the delivery of new developments throughout the UK. Further establishing this need, Environmental Industries Commission (EIC) has launched the report, Brownfield First: making better use of our land, drawing on long-term expertise to identify ways in which development on brownfield land can be sustainably increased benefitting the environment and the economy.

While currently only 10-20% of development in the UK takes place on sites classified as brownfield, the latest statistics from the Homes and Communities Agency indicates that there is approximately 61,920 ha of brownfield land in England, with 54% considered derelict or vacant while the remainder is in some form of use with potential for redevelopment. DCLG figures (2010) suggests approximately 35,000 ha of this brownfield land is suitable for housing development, further establishing the potential of brownfield in creating sustainable communities combining housing, retail, as well as commercial or industrial development.

Brownfield First: making better use of our land is the latest is a series of EIC work on sustainable development, and contaminated land, a portfolio of work existing since EIC’s founding in 1995.

http://www.eic-uk.co.uk/eic-report-brownfield-first-making-better-use-of-our-land-/129/2/1/392

As stated by Peter Atchison, Chairman of EIC Contaminated Land Working Group, “Brownfield first offers the practical solution to two issues facing the UK: the need for more sustainable development and use of previously developed site.”

Recent reports have suggested that brownfield land has the capacity to support over 1.8 million new homes, yet despite this recent Government figures show a decline in the proportion of homes being built on such land.

It also includes before and after pictures of one of our projects!

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Hundreds of thousands of new homes will be built on derelict and unused land through a £1.8 billion package of investment to regenerate land and level up across the country, announced by the Chancellor in his Budget and Spending Review.

£300 million of locally-led grant funding will be awarded to Mayoral Combined Authorities and Local Authorities to unlock smaller brownfield sites for housing, promoting inner city regeneration and protecting the countryside.

Chancellor of the Exchequer, Rishi Sunak has said: “We are investing in better quality, safer, greener and more affordable homes to create thriving places where people want to live. One of my favourite pastimes is to go for walks in the park with my family, and I want to make sure everyone has green space on their doorstep to enjoy too. Transforming our unloved and neglected urban spaces will help protect our cherished countryside and green spaces, while improving the physical and mental health of our communities.”

A new £9 million Levelling Up Parks Fund that will enable Local Authorities to transform over 100 neglected urban spaces across the UK into ‘pocket parks’, providing small green oasis in built up areas, roughly the size of a tennis court, in built-up locations.

We warmly welcome any moves to ensure that urban regeneration is promoted in a sustainable way that greens our environment, fosters bio-diversity and improves the quality of life.

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