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London Brownfield SiteS Review

stage 2

Good Practice Guidance

Table of contents
1 Introduction 2 3 Policy Context Land Purchase, Site Preparation and Site Assembly 3 5 15 20 22 28

4 Infrastructure 5 Site Contamination and Remediation 6 7 Planning Process

Provision of Affordable and Sustainable Mixed-Use Development 31 34 40 44 48 52 54 57 60 63 66

8 Environmental Issues 9 Design 10 Public Realm 11 Heritage and Archaeology 12 Transport 13 Legal Agreements 14 Social Infrastructure 15 Skills, Interactions, Capacity and Consensus 16 Development Finances and Funding 17 Glossary

London Brownfield Sites Review

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1 Introduction
1.1 Foreword by the London Development Agency
As Londons Regional Development Agency it is important for the LDA to be proactively involved in bringing unused and under-utilised brownfield land back into use in ways that help to create more sustainable communities and assist wider regeneration of areas in need. We hope that the Best Practice Guidance and Sites Database provide vital intelligence to assist local authorities, government, the GLA Family and private practitioners to work more collaboratively in redeveloping brownfield sites, especially those that have remained blighted and under-utilised for long periods of time. We would like to thank the Homes and Communities Agency for its funding support and technical expertise in taking this project forward. We look forward to this collaboration continuing in terms of keeping the sites database updated as a robust planning tool and when developing action plans following this study. We would also like to extend our gratitude to the Steering Group, which has provided invaluable multi-disciplinary input into the project.

1.2 Foreword by the Homes and Communities Agency


The Homes and Community Agency (HCA) is the national housing and regeneration agency for England. The Agency was formed on 1st December 2008 and its work includes those functions formerly undertaken by English Partnerships (EP). It was EP that jointly sponsored the London Brownfield Review, of which this Good Practice Guide is a part. The reuse of Brownfield land lies at the heart of HCAs work, and the Agency is responsible for developing and delivering the Governments National Brownfield Strategy. The reuse of brownfield land promotes regeneration generally, helps to eliminate urban blight and protects the countryside, easing the pressures on our green-belt. To enable such redevelopment, it is important to be equipped with accurate information about the availability of brownfield land, and to be well-informed on how best to put the land back into use. The new database, produced as part of this review, provides detailed information on existing brownfield land. The data will be available to all through a new website. This Good Practice Guide offers specific examples of good practice and signposting to other sources of information. We hope that all who refer to it will find it useful, and we express our appreciation to our co-sponsors the London Development Agency and also to everyone else who assisted in the production of this guide.

Peter Bishop Group Director, Design, Development & Environment

David Lunts London Regional Director

London Brownfield Sites Review


National Land Use Database: Previously-Developed Land Categories
A Previously developed land which is now vacant (theoretically suitable for redevelopment) B Vacant buildings (generally in good condition and includes vacant listed buildings) C Derelict land and buildings (requiring work to make them suitable for redevelopment) D Land or buildings currently in use and allocated in the local plan and/or having planning permission E Land or buildings currently in use where it is known there is potential for redevelopment (but the sites do not have any plan allocation or planning permission)

1.3 Brownfield Land


This guide examines current issues and provides goodpractice examples of reuse of brownfield land, also referred to as previously-developed land (PDL). The definition of such land is provided in the ~box below~ as outlined in National Policy. This is the same definition used by the National Land Use Database (NLUD), which compiles data on brownfield land across England. The primary focus of this guide is therefore on previously developed land that is lying unused, or is under-utilised and not fulfilling its optimum potential.

1.4 Guide Structure


Each section of this guide deals with a different topic or aspect of brownfield land and its reuse, and covers: E The context of that topic, such as the relevant legislation, policy, thinking and current or main issues as appropriate within the London context; E Good-practice examples, drawn from both within and outside London E References to further reading, including key documents, internet links etc. This document is intended to supplement and signpost important and authoritative polices and documents related to the development and reuse of brownfield land. In particular, it is intended to be compatible with The Brownfield Guide published by English Partnerships (which is available online at: www.englishpartnerships.co.uk/ landsupplypublications.htm) in terms of further emphasising London-specific issues concerning the reuse of brownfield land. The document will be a living guide in that it will be peridoically updated as new policy is developed and new case studies are identified from which practical learning can be extracted.

PPS3 Definition: previously developed land (also referred to as brownfield land)


Previously-developed land (PDL) is that land which is or was occupied by a permanent structure (excluding agricultural or forestry buildings), and associated fixedsurface infrastructure. The definition covers the curtilage of the development. PDL may occur in both built-up and rural settings. The definition includes defence buildings and land used for mineral extraction and waste-disposal where provision for restoration has not been made through development control procedures. The definition excludes land and buildings that are currently in use for agricultural or forestry purposes, and land in built-up areas that has not previously been developed (e.g. parks, recreation grounds, and allotments even though these areas may contain certain urban features such as paths, pavilions and other buildings). Also excluded is land that was previously developed but where the remains of any structure or activity have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings), and where there is a clear reason that could outweigh the re-use of the site such as its contribution to nature conservation or where it has subsequently been put to an amenity use and cannot be regarded as requiring redevelopment. This covers NLUD-PDL categories A-C. English Partnerships defined in use or latent brownfield land as: Land or buildings that are currently in productive use, with planning permission, or otherwise allocated (in the UDP, Local Plan, or LDF) for redevelopment, together with land and buildings without planning permission or unallocated for redevelopment, but where the local planning considers there to be potential for redevelopment. These are NLUD-PDL categories D and E respectively.

London Brownfield Sites Review

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2 Policy Context
2.1 Introduction
This section provides a brief outline of the relevant strategic national and regional policy context for the reuse and redevelopment of brownfield land in London. Some of the key documents and legislation includes: E The Sustainable Communities Plan, published in 2003, provided a context for Governments wider policy aims to raise the quality of life in local communities nationwide. This includes, amongst other things: increasing prosperity; reducing inequalities; more employment; better public services; better health and education; and tackling crime and anti-social behaviour. The Sustainable Communities Plan can be accessed at www.communities.gov.uk/communities/ sustainablecommunities/sustainablecommunities/. E The Planning and Compulsory Purchase Act 2004 introduced powers that allow for the reform and speeding up of the plans system and an increase in the predictability of planning decisions, the speeding up of the handling of major infrastructure projects and the need for simplified planning zones to be identified in the strategic plan for English regions. The Act also

provides for a number of reforms to make the handling of planning applications by both central government and local authorities quicker and more efficient, and liberalise the compulsory purchase and compensation regimes. E The Local Government and Public Involvement in Health Act 2007 gave effect to the Governments proposals for reform of the local government system in England set out in the Local Government White Paper Strong and Prosperous Communities, published in October 2006 with new duties on local authorities and included the introduction of Local Area Agreements and (Sustainable) Community Strategies. E The Sustainable Communities Act 2007set out a process to allow a community panel to suggest ways in which local spending could be better used to improve local services and improve quality of life. The regulations and guidance for this process are included in the Creating Strong, Safe and Prosperous Communities: Statutory Guidance E The Planning Act 2008 created a new system of development consent for nationally significant infrastructure projects, covering certain types of energy, transport, water, waste water and waste projects. This

London Brownfield Sites Review


includes a new Infrastructure Planning Commission to be responsible for examining applications for development consent for nationally significant infrastructure projects. The Commission will also be responsible for deciding any such application when there is in force a relevant national policy statement which will set the framework for decisions by the Commission. E The Housing and Regeneration Act 2008 allowed the creation of the Homes and Communities Agency (HCA) and the Office for Tenants and Social Landlords (TSA).. The Queens Speech on 6 November 2007 confirmed that available and affordable housing is one of my Governments main priorities. Legislation will be introduced to create a new Homes and Communities Agency that will deliver more social and affordable housing, and promote regeneration. E The Governments Housing Green Paper Homes for the future: more affordable, more sustainable, published in July 2007, www.communities.gov.uk/publications/housing/ homesforfuture set out a range of proposals to increase the supply of housing overall, the supply of affordable housing, land supply (specifically brownfield and surplus public sector land) and infrastructure provision, including specific roles for Las and the HCA. A range of other key documents were published in support of the Green Paper. E The objects of the HCA are to improve the supply and quality of housing in England; to secure the regeneration or development of land or infrastructure in England; to support in other ways the creation, regeneration or development of communities in England or their continued well-being; and to contribute to sustainable development and good design. The HCA was created on 1 December 2008 andis the sole national housing and regeneration agency for England. It brings together the development and regeneration expertise of English Partnerships, investment functions of the Housing Corporation, and the Academy for Sustainable Communities, with major delivery programmes of Communities and Local Government. Its role is to create opportunity for people to live in high-quality, sustainable places, provide funding for affordable housing, bring land back into productive use and improve quality of life by raising standards for the physical and social environment. E The HCAs London region has the largest budget of the HCAs regions, with around 5bn to invest during 2008-11. The London HCA Board brings together the key public sector agencies that deliver housing and regeneration in the city, to oversee our investments, facilitate cooperation and to ensure a coordinated effort. A sub-committee of the main HCA board, the London board is chaired by the Mayor of London. E The Pitt Review took a comprehensive look at exceptional flooding that took place in the summer of 2007. Some 92 recommendations were made, and government has responded positively to nearly all of these recommendations. Local government should now play a central role, and counties and unitaries will start to establish local partnerships to manage flooding particularly surface- and ground-water flooding. To support this government is routing 15m in extra funding through local government and the Environment Agency. E The Climate ChangeAct2008 sets out legally binding targets for the UK to reduce carbon dioxide emissions by at least 80 per cent by 2050, and 26 per cent by 2020. A Committee on Climate Changehas already beenformed to provide advice on policies and proposals toset and meet thecarbon budgets. A key element is the ability for local authorities to pilot waste reduction schemes that include financial incentives. E Governments review of sub-national economic development and regeneration in England was published in July 2008, and can be found at www.hm-treasury.gov.uk/media/9/5/subnational_econ_ review170707.pdf. The report sets out: the Governments objectives for improving regional economic performance and tackling neighbourhood renewal; the reforms it has introduced since 1997; reviews progress to date; the additional challenges to improving economic performance; its approach and principles to reform; and its proposals to achieve this. It has wide-ranging proposals for the relationship and functions performed by local authorities, regional bodies, national bodies and government. Its recommendations are being put on a statutory footing in the Local Democracy, Economic Development and Construction Bill.

2.1.1 The National Brownfield Strategy


Within the context of the policies and strategies outlined within the rest of this section, and based on a large number of consultation events and research, in

London Brownfield Sites Review


the approach to reuse or development is the 11-phase May 2007 a team from English Partnerships and the Preparation, Options, Design and Delivery (PODD) Department for Communities and Local Government process, presented in terms of descriptions, decisions and (DCLG) published recommendations for a National key actions. The phases are shown in the flow diagram Brownfield Strategy. The recommendations were made below, and then explored in more detail: in consultation with the Department for the Environment, Food and Rural Affairs (DEFRA), and the Environment Agency (EA). Ministerial endorsement 2. ASSESS 3. SITE 4. OPTIONS FEASIBILITY ASSESSMENT ASSESSMENT to the Strategy was given in March 2008 when Government published its response to the Strategy recommendations in Securing the Future Supply of Brownfield Land: Government response to English Partnerships recommendations on the National Brownfield Strategy. The strategy is designed to be a response to the changing nature of brownfield land, with a declining stock of derelict and vacant sites, and an increase in latent brownfield land. The strategys recommendations follow four parallel strands:

1. INCEPTION START FINISH 11. SALES & MARKETING

Phased approach to brownfield redevelopment is London different? LDA influence (where?)

5. WORKING DESIGN

6. DETAILED DESIGN

10. PROCURE /BUILD OUT

9. FINANCIAL APPRAISAL

8. LEGAL/ PROPERTY/ FUNDING

7. PLANNING ETC

Preparation: E identifying, assessing and preparing brownfield land for reuse, to ensure an adequate supply of land when it is needed; E safeguarding the environment and ensuring appropriate levels of regulatory control, to ensure the effective and efficient reuse of land; E enhancing communities through the removal of blight and by ensuring the long-term maintenance of restored land, contributing to sustainability; and E accreditation and skills, by meeting the need for appropriately qualified people and experienced brownfield practitioners, with the public, private and voluntary sectors working together to disseminate best practice. The report, including the recommendations, can be downloaded from the English Partnerships website at www.englishpartnerships.co.uk/brownfieldstrategy. htm. The Governments response document can be downloaded from www.communities.gov.uk/documents/ planningandbuilding/pdf/securingfuturebrownfield.pdf. 1. Inception this could be a developer seeking a suitable site, or the need to do something about a site or building with the overarching aim being the improved utilisation of the site. The London Brownfield Sites Database (LBSD) could be a useful tool for this, particularly with the GIS search interface. 2. Feasibility assessment this is the scoping of the site concerning potential uses and barriers to development. The LBSD contains site attribute information in relation to current and proposed uses. 3. Site assessment developing the feasibility assessment, this phase gathers knowledge of existing information about the site, especially those elements required for any designs or to support a planning application. Options: 4. Options assessment in developing the preferred use or mix of uses, a number of alternative scenarios should be considered with regard to legal and policy requirements or designations, market factors and time/ cost issues. 5. Working design or preferred option upon arriving at a preferred option, this then needs to be worked up whilst thinking about funding means, ownership considerations, physical constraints and ongoing (postdevelopment) issues.

2.1.2 The Brownfield Development Process


The Brownfield Guide published by English Partnerships outlines and explores a number of the factors that influence the supply of brownfield land and the ways in which barriers to development can be overcome to bring land forward for reuse or development. Integral to

London Brownfield Sites Review


Design: 6. Detailed design The working design will need to be finalised based on identified costs and risks or a given layout that meets sustainability and durability criteria. 7. Regulatory and planning The detailed design can then progress through the statutory processes to receive consent for development, taking into account physical issues such as environmental impact, drainage, ecology and heritage, as well as issues such as traffic and social, cultural and historical issues and employment sourcing. The LBSD contains a number of GIS layers in relation to environmental, heritage, transport and planning attributes. In conjunction with the policies and priorities of the London Plan, this provides a significant degree of information to assist developers. 8. Legal, property and funding Following consent(s), this phase is concerned with ensuring viability with the necessary land and property acquisitions. Delivery: 9. Financial appraisal this is the need to examine outputs and outcomes in the context of affordability and delivery. 10. Works procurement and execution this phase covers the needs associated with development, such as the efficient and acceptable sourcing, tendering or procuring of the necessary development resources. 11. Sales and marketing covering not only the sales elements of ensuring a development which is occupied and used, but also ensuring all necessary pre-occupation or ongoing regulatory consents and conditions have been met. Further information is available within Chapter 4 of the Brownfield Guide, which can be downloaded from www.englishpartnerships.co.uk/landsupplypublications.htm.

2.1.4 The London Context


Within London, the redevelopment of brownfield land can play a key role in meeting the wider main strategic challenges facing the capital namely accommodating growth within environmental limits and alleviating poverty and deprivation, by: E providing more and better designed affordable homes, including homes for key workers; E promoting economic growth, in turn providing employment; E improving public transport and other vital infrastructure required to support the development of new and growing communities; E raising education standards and skills levels across the capital; E tackling crime and anti-social behaviour and the fear of crime through minimising vacant spaces; and E providing environmental infrastructure to address climate change and other environmental issues related to physical development such as decentralised energy, green infrastructure and greater access to local green space through formalised provision as part of redevelopment. The policy framework for this is provided hierarchically by the London Plan, the creation of policy sub-regions and the formulation of sub-regional policies by individual borough LDFs, and through site-specific policies and development briefs (such as Area Action Plans), and Housing Capacity and Employment Land Studies.

2.2 National Policies


National planning guidance is contained within Planning Policy Guidance Notes (PPGs) and their replacements Planning Policy Statements (PPS), which provide statutory guidance from the Department for Communities and Local Government (CLG) and an overarching framework within which redevelopment of previously developed brownfield land in London takes place. Both PPGs and PPSs can be downloaded from the CLG website at: www.communities. gov.uk/planningandbuilding/planning/planningpolicyguidance/ planningpolicystatements/planningpolicyguidance/ and www.communities.gov.uk/planningandbuilding/planning/ planningpolicyguidance/planningpolicystatements/ planningpolicystatements/.

2.1.3 The Regulatory Framework for Brownfield Land


Section 2.2 below outlines the main policies and points made by central legislation and guidance. More can be found on the regulatory framework for brownfield land within Chapter 3 of the Brownfield Guide published by English Partnerships and available at www. englishpartnerships.co.uk/landsupplypublications.htm.

London Brownfield Sites Review


2.2.1 Planning Policy Statement 1: Delivering Sustainable Development
PPS1 sets out the Governments objectives for the planning system in particular its commitment to the delivery of sustainable development. As part of meeting its aims for Sustainable Development, PPS1 emphasises the importance of the prudent use of natural resources, by ensuring that resources used are minimised and outputs maximised (para 21). Within this context, the reuse of previously-developed land (PDL) for development in London provides a significant opportunity to make the most efficient use of existing resources. PPS1 encourages planning authorities actively to bring vacant and underused previously developed land and buildings back into beneficial use (para 27). In this context it should be recognised that the beneficial use referred to in PPS1 does not always, or necessarily, mean hard end use in terms of built form. Many brownfield sites that are otherwise unsuited or inappropriate for redevelopment may nevertheless make valuable contributions to the well-being of communities, for example, through the provision of green lungs in urban areas. Redevelopment or other reuse of brownfield land can also contribute to the Governments aims to improve social cohesion and inclusion, protect and enhance the environment (subject to the retention of existing biodiversity) and promote sustainable economic growth by providing opportunities for regeneration, economic growth and environmental restoration and enhancement in existing communities throughout London. PPS1 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ planningpolicystatements/planningpolicystatements/pps1/. The London Brownfield Sites Review Stage 1 Report (www.london.gov.uk/assembly/reports/environment/ldabrownfields-review.pdf) analysed available NLUD sites in the context of the London Plan Sustainable Growth Corridors, namely the Thames Gateway and the London-StanstedCambridge Peterborough Corridor. The London Climate Change Partnership (www.london. gov.uk/lccp/index.jsp) is a stakeholder group coordinated by the Greater London Authority and gathers and disseminates information on climate change.

2.2.3 PPS3: Housing


Within the context of a challenging house-building agenda throughout the UK and, more specifically, in London PPS3 emphasises the importance of maintaining a flexible and responsive supply of land that makes the most effective and efficient use of land. As part of this objective, the reuse of PDL for housing is identified as a key priority, whereby at least 60 per cent of new housing delivered annually should be provided on PDL including land that is currently in use but which has potential for redevelopment (Para 41). The latest national Land Use Change Statistics (LUCS) (2007 provisional estimates) illustrate London as providing a much higher proportion, with 95 per cent of new housing on PDL. The latest LUCS figures can be accessed via www.communities.gov.uk/planningandbuilding/ planningbuilding/planningstatistics/livetables/landusechange/. Local authorities are therefore advised to develop local brownfield land targets and trajectories, together with accompanying strategies for bringing different types of PDL back into use for housing. In developing these strategies, local authorities should consider a range of incentives and interventions that will help to ensure that brownfield land is developed in line with trajectories, including: E anticipation of obstacles to the development of vacant and derelict sites and buildings (e.g. compulsorypurchase orders to resolve land ownership or assembly difficulties); E consideration of the most appropriate use for identified sites, in particular whether those sites allocated for commercial or industrial use might be more appropriately re-allocated for housing; and E encouragement of innovative housing schemes that release publicly owned PDL in ways that minimise upfront costs and improve development outcomes. Accompanying planning policies will also ensure that there is sufficient suitable land available to achieve both housing and PDL delivery objectives. The early identification, preparation and delivery of appropriate brownfield sites will be essential in light of current Government strategies and targets. These targets include the delivery of 60 per cent new housing on PDL, alongside a requirement for local authorities to identify sufficient specific deliverable sites to deliver housing over a five-year period, a further supply of specific developable sites for the following 6-10 years and, where possible, the following 11-15 years (Para 60).

2.2.2 Planning and Climate Change (Supplement to PPS1)


The supplement to PPS1 on Planning and Climate Change encourages the redevelopment of PDL in selecting land for development. However, planning authorities are also directed to take into account several factors relating to the potential impacts of climate change on the suitability of sites for development. The climate change supplement to PPS1 can be accessed via www.communities.gov.uk/publications/ planningandbuilding/ppsclimatechange.

London Brownfield Sites Review


PPS3 can be accessed via www.communities.gov.uk/ publications/planningandbuilding/pps3housing. In London, the LDA maintains a database of housing development sites, and this is complemented by information gathered and held by the Mayor including the London Development Database (LDD) of consents and starts on site, and the periodically updated London Housing Capacity Study. more holistic view. In assessing the planning requirements for the sustainable development of the economy as a whole, PPS4 says that planning policy influences the drivers of productivity (investment, innovation, competition, skills and enterprise) and that this in turn facilitates employment growth. In identifying suitable locations to facilitate economic growth: The draft Planning Policy Statement asks LPAs to consider the potential for regeneration in their plans and to prioritise deprived areas for development. This should provide social benefits for the communities which are redeveloped. It may involve the better use of brownfield sites and the visual improvement of an area (para 26). Authorities are asked to plan for a range of allocated sites including mixed-use developments, and to ensure efficient and effective use of land. PPG4 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ planningpolicystatements/planningpolicyguidance/ppg4/ and the consultation on PPS4 can be accessed via www. communities.gov.uk/publications/planningandbuilding/ consultationeconomicdevelopment. Produced for the Mayor by the LDA, the London Economic Development Strategy, entitled Sustaining Success, can be found at www.london.gov.uk/mayor/strategies/economic_ development/sustaining_success.jsp. Published in 2005, it replaces an earlier strategy and focuses on investment in places and infrastructure, people, enterprise, and in marketing and promotion.

2.2.4 PPS4: Planning for Sustainable Economic Development


PPS4 is the draft replacement to PPG4: Industrial, Commercial Development and Small Firms. Published in November 1992, PPG4 set the context for business development through the planning system. Whilst PPG4 makes no explicit reference to brownfield land, it does emphasises the reuse of urban land: Reuse Of Urban Land 21. Many urban areas contain large amounts of land, once used for industrial purposes but now under-used or vacant. Getting this land back into beneficial use is important to the regeneration of towns and cities. Optimum use should be made of potential sites and existing premises in inner cities and other urban areas, taking into account such factors as accessibility by public transport, particularly in the case of labour-intensive uses. Local planning authorities should identify such areas and indicate their appropriate alternative uses, including industrial and commercial uses, in their development plans, keep up-to-date details on available sites, and provide information about them to potential developers. 23. Local authorities and statutory undertakers have a major part to play by releasing under-used or vacant sites from their own land holdings; local authorities should also encourage other major landowners to review their land holdings with the aim of releasing sites for development. Realistic planning and development policies can help secure the release of land, whether in public or private ownership. (emphasis added) The emphasis is on regenerating vacant or under-used sites that can be served by more efficient modes of transport, and which avoid congestion. It also appraises the pros and cons of mixed-use developments. PPS4, currently published as a consultation draft, takes a

2.2.5 PPS9: Biodiversity and Geological Conservation


The relationship between brownfield land and biodiversity and conservation is a complex issue. Whilst the reuse of brownfield land for new development reduces the use of countryside and undeveloped land, such sites often have significant biodiversity or geological importance, the relative benefits of which must be weighed up in the context of its redevelopment. In such cases, PPS9 recommends that planning authorities and developers should incorporate valuable biodiversity or geological features into any new development on the site. With regard to biodiversity, the UK Biodiversity Action Plan now includes a new priority habitat addressing the conservation of brownfield biodiversity: Open Mosaic Habitats on Previously Developed Land. In addition, the London Biodiversity Action Plan contains a Wasteland Habitat Action Plan for biodiversity on Previously Developed Land (see www.lbp.org.uk/londonhabspp.html).

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PPS9 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ historicenvironment/pps9/. For London, PPS12 also outlines the way in which Borough LDFs will dovetail with the Spatial Development Strategy (SDS) (para 3.1). In July 2006, the Greater London Authority published general conformity guidelines to help Boroughs ensure that emerging LDFs and their component Local Development Documents were in alignment with the London Plan. See www.london.gov.uk/ mayor/planning/docs/general_conformity_guidance.rtf.

2.2.6 PPS10: Planning and Waste Management


For the identification of suitable sites for waste management facilities, priority is given to the reuse of PDL, whose suitability should be assessed according to a number of criteria, including physical and environmental constraints, effects on the well being of the local community and the potential capacity of local transport infrastructure to support the sustainable movement of waste (Para 21). PPS10 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ mineralsandwaste/wastemanagement/pps10/. Given the size of London as a settlement, there is relatively little availability of hazardous waste landfill sites only 1 out of 17 licensed sites in England is in London. At the end of 2007 London had three years of landfill life left across the region for non-hazardous waste. The majority of Londons waste is transferred out of the region for disposal. See www.environment-agency.gov.uk/research/ library/data/97841.aspx for more information.

2.2.8 Other Relevant Policies


For completeness, other relevant policies are outlined below. These are picked up and explained in more detail in the topic-based chapters that follow. PPS11: Regional Spatial Strategies (RSS) Regional Spatial Strategies (RSS) set out a strategic framework and broad development strategy over a 1520-year period. As such, the London Plan will set the precedent for the reuse of PDL within the region. PPS11 sets out the procedural policy for RSS production. PPS11 can be accessed via www.communities. gov.uk/planningandbuilding/planning/regionallocal/ regionalspatialstrategies/pps11/. PPG14: Development on Unstable Land As the land has been developed previously, there is a risk of instability on some brownfield sites, with corresponding effects on its suitability for redevelopment. PPG14 sets out the planning issues associated with development on unstable land. PPG14 can be accessed via www.communities.gov.uk/ publications/planningandbuilding/planningpolicyguidance16. PPG15: Planning and the Historic Environment Many brownfield sites may contain historic features such as listed buildings, ancient monuments and sites of archaeological significance. PPG15 provides Government policies for the identification, protection and enhancement of historic buildings, conservation areas and other elements of the historic environment. It also defined the relationship between the planning system and the historic environment. PPG15 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ historicenvironment/ppg15/. The Planning for a Better London report, published by the Mayor in July 2008, (see www.london.gov.uk/mayor/

2.2.7 PPS12: Local Development Frameworks


Local Development Frameworks are essential in ensuring the most appropriate reuse of PDL. The suite of documents should contain an integrated set of policies, based on a clear understanding of the economic, social and environmental needs of the area, relating to local geography and founded on its physical and demographic characteristics, internal and external links and relationship with neighbouring areas. In seeking to bring brownfield land back into use, development plans should set out site-specific allocations and policies. These must be founded on a robust and credible assessment of the suitability, availability and accessibility of land for particular uses or mix of uses. Policies should also address the delivery of site-specific allocations, for example critical access requirements and broad design principles. Further policy detail might be set out in relevant Supplementary Planning Documents (SPDs) or Area Action Plans (AAPs). PPS12 can be accessed via www.communities. gov.uk/planningandbuilding/planning/regionallocal/ localdevelopmentframeworks/pps12/.

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publications/2008/docs/plan-better-london.pdf) reinforced this in relation to the capital, stressing that Londons distinctive character, its diverse neighbourhoods and unique heritage must be cherished and protected (p6), and that The standard of the built environment is also important to quality of life. London has grown up organically over centuries; its sheer diversity of neighbourhoods and mixtures of old and new are part of the spirit of the city, and this rich mix is amongst Londons greatest assets. Planning can help promote this, for instance by protecting our familiar landmarks and Londons magnificent architectural heritage (p19). PPG16: Archaeology and Planning Brownfield sites may contain or be part of known or yet to be discovered archaeological evidence. PPG16 sets out national policy on archaeological remains on land, and how they should be preserved and recorded. It gives advice on the handling of archaeological remains and discoveries under the development plan and control systems in a similar way to PPG15, including the weight to be accorded planning decisions and the use of conditions. See www. communities.gov.uk/publications/planningandbuilding/ppg16. Within London, the Greater London Archaeology Advisory Service (GLAAS) works with both boroughs and developers to make archaeology accessible. See www.english-heritage.org.uk/server/show/nav.8900. PPS23: Planning and Pollution Control PPS23 provides planning guidance on the management and control of pollution through the planning system. PPS23 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ planningpolicystatements/planningpolicystatements/pps23/. PPS25: Development and Flood Risk Government policy on development and flood risk is set out within PPS25. It looks at the need to avoid inappropriate development in areas at risk to flooding, and ways in which flood risk can be managed. PPS25 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ planningpolicystatements/planningpolicystatements/pps25/. In June 2007, the Mayor published the Regional Flood Risk Appraisal (RFRA) for the London Plan (available from www.london.gov.uk/mayor/strategies/sds/regional-flood-risk. jsp). The RFRA examined the level and nature of the risk of flood in London from tidal, fluvial, surface water, foul sewer and groundwater flood risks.

2.3 London Policies 2.3.1 London Plan


The latest iteration of the London Plan was published in February 2008 and included alterations to in part consolidate amendments since the publication of the original, 2004 London Plan. The latest version of the London Plan is available via www.london.gov.uk/ thelondonplan/thelondonplan.jsp (currently being viewed by Mayor Boris Johnson, details at www.london.gov.uk/mayor/ publications/2008/07/plan-better-london.jsp) Optimisation of the use of brownfield land and vacant or underused buildings is one of 13 sustainability criteria (Policy 2A.1). A key objective is to accommodate new growth within Londons existing boundaries without encroaching on open space. The Plan therefore adopts minimum targets of: maintaining at least 96 per cent of new residential development on PDL, ensuring over 95 per cent of development complies with the housing density location and sustainable residential quality matrix, and that there be no net loss of open space designated for protection in Development Plan Documents (DPDs) due to new development (Table 6B.1). Redevelopment of PDL will also play a significant role in meeting the Greater London Authoritys (GLA) other strategic policy objectives including housing and job growth by providing opportunities for the change of use and development of vacant and brownfield sites for residential, mixed use, employment, local services, waste management, renewable energy, open space, nature conservation and other related uses. As a basis for directing strategic growth within the capital, the London Plan identifies nine Areas for Intensification and 28 Opportunity Areas, selected on the basis that they are well served by public transport and able to accommodate substantial numbers of new jobs or homes. Typically, each Opportunity Area can accommodate at least 5,000 jobs or 2,500 homes, or a mix of the two, together with provision of other complementary uses, such as shops, leisure facilities and schools. One of the

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most defining characteristics of the Opportunity Areas is that they generally include major brownfield sites with capacity for new development, as well as having significant capacity for increases in density and either existing, or potential for, good public transport access. The Areas for Intensification and the Opportunity Areas are listed in the table below. brownfield sites (Supplementary Planning Guidance: Housing, 2005). These figures are to be reviewed as part of the next iteration of the GLAs Housing Capacity Study the new Housing Capacity Study and Strategic Housing Land Availability Assessment is underway to meet the London Plan commitment to review housing targets by 2011 (available at www.london.gov.uk/mayor/ planning/housing-capacity/index.jsp). The London Plan requires Boroughs to encourage proposals for large residential developments in areas of high public transport accessibility (Policy 3A.7). The London Housing Capacity Study 2004 (published in 2005) estimated that large sites would provide around 59 per cent of total housing capacity. In such cases however, the immediate impact on infrastructure capacity requirements including health, education and other community amenities must be considered. Large developments over five hectares are usually able to accommodate over 500 dwellings particularly as part of mixed use developments and provide the economies of scale for opportunities to incorporate neighbourhood combined (cooling), heat and power, as well as providing justification for significant improvements in public transport. Turning to smaller sites, the London Housing Capacity study indicates than smaller sites represent 31 per cent of Londons total housing capacity and will also contribute significantly towards meeting the Capitals housing targets. The remaining capacity is expected to come forward from non-self-contained (6 per cent) and vacant (4 per cent) sites respectively. Existing guidance on developing brownfield sites also takes account of the need to be able to bring forward smaller sites within Annex B of the English Partnerships Brownfield Guide (available via www.englishpartnerships.co.uk/landsupplypublications.htm) the first case study given is the CLUSTER project, which looks to enable the remediation and reuse of smaller sites through shared (generally off-site and nearby) recycling and treatment facilities for contaminated soil. The Mayor intends to produce a new Draft Housing Strategy for consultation later in 2008, which will outline how the resources available in London will be used to deliver the homes that Londoners need. While acknowledging the difficulties of increased cost, time and complex land ownership associated with

London Plan Areas for Intensification


Arsenal/Holloway Canada Water/Surrey Quays Farringdon/Smithfield Haringey Heartlands/Wood Green Holborn Kidbrooke Mill Hill East South Wimbledon/ Colliers Wood West Hampstead Interchange

London Plan Opportunity Areas


Bexley Riverside City Fringe Colindale Cricklewood/Brent Cross Croydon Deptford Creek/Greenwich Riverside Elephant & Castle Euston Greenwich Peninsula & Charlton Riverside West Heathrow Ilford Isle of Dogs Kings Cross Lewisham-Catford-new Cross London Bridge/Bankside London Riverside Lower Lea Valley including Stratford Paddington Park Royal/Willesden Junction Royal Docks Tottenham Court Road Upper Lee Valley including Tottenham Hale Vauxhall / Nine Elms / Battersea Victoria Waterloo Wembley White City Woolwich, Thamesmead & Charlton Riverside East

2.3.2 Housing
The London Plan has set a target for the provision of a minimum of 30,500 additional homes over the Plan period (Policy 3A.1). In order to achieve these goals, a substantial amount of housing will have to be built on

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brownfield sites, the London Plan encourages the best possible use of brownfield sites, requiring that new housing should be built on vacant and underused sites, while ensuring adequate access to open space and appropriate consideration of the need to retain existing biodiversity of each site.

2.3.4 Sub-Regional Development Areas


Alongside sub-regional boundaries the London Plan designates a number of overlapping growth corridors covering: E Thames Gateway; E London-Stansted-Cambridge-Peterborough; E London-Luton-Bedford; E Wandle Valley; and E Western Wedge. These corridors are underpinned by a number of area or sectoral-specific designations: E The Olympic Park; E The Central Activities Zone; E Town Centres; E Opportunity Areas; E Areas of Intensification; E Regeneration Areas. The Mayor will be reviewing Londons sub-regional boundaries as part of a wider review of Londons regional planning policies. Further information on the London Plan is available at www.london.gov.uk/thelondonplan/thelondonplan.jsp

2.3.3 Economic Development


The London Economic Development Strategy (currently being viewed by Mayor Boris Johnson, details at www. lda.gov.uk/server.php?show=ConWebDoc.3228), entitled Sustaining Success was published in January 2005. It aims to deliver further development of the London economy in keeping with the principles of sustainable and equitable development around four investment themes: E places and infrastructure; E people; E enterprise; and E marketing and promoting London. The strategy reiterates the London Plans aims of making the most effective use of land and resources by delivering sustainable communities through mixed and denser reclamation and development focused on brownfield sites, including both land and premises.

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3 Land Purchase, Site Preparation and Site Assembly


3.1 Context and Issues
Land purchase, site preparation and site assembly can be extremely complex processes, particularly with regards to brownfield sites where multiple ownership is common. In London, particularly in key regeneration areas such as Stratford, speculators in the market for brownfield sites are willing to purchase on the strength of hope value (see inset box). They, as well as landowners themselves, hold out for a high price so that land is at its highest price before coming forward for redevelopment. This landbanking is a key barrier to the development of brownfield land in London it inflates site assembly costs by inflating notional values and potentially renders schemes unviable. Funding for the purchase of brownfield land is also an issue, as banks and funding institutions are wary of the risks associated with preparing the site for development and the potential high costs of remediation. This is further exacerbated by the pressures on funding as a result of the credit crunch see Section 16.1.9 for more information. The 2008 Budget announcement by the Government of further tax relief on brownfield sites affected by longterm dereliction will aid the process of land purchase and site assembly. The extension to the Land Remediation Relief scheme will include expenditure on sites affected by dereliction and the removal of Japanese Knotweed. This tax relief will come into effect from 1 April 2009.

New guidance on calculating the costs associated with remediating contaminated derelict brownfield land was issued by English Partnerships, and aimed to provide advice for landowners and developers, removing some of the risk to investment in brownfield land. The Best-Practice Note on Contamination and Dereliction Remediation Costs (BPN27), published by English Partnerships in 2008, acknowledged that tackling the problems caused by dereliction can be as complex and often as expensive as treating or removing contamination. Within the BPN, brownfield sites are broken down into four historic-use categories according to the complexities of redevelopment and four end-use categories public open space, residential, employment and mixed-use. High or low water risks are taken into account with regard to sites affected by the presence of contaminants.
Hope Value: How much is my land worth? The hope value is what a purchaser is prepared to pay over and above the [land] value because [the purchaser] believes that the land may have a chance of being developed at some time in the future.

www.uklanddirectory.org.uk/selling-land-faq.asp Remediation costs vary depending upon a range of factors including, for example, the size of the site, sensitivity of the planned redevelopment, site context, the duration and nature of use, and geology. Regional weightings are also a consideration when calculating costs. A high water risk contaminated site intended for residential use, for instance, could range in cost from 125,000 to 1.375m per hectare to remediate, dependent on various factors,

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3.2 Good-Practice Examples
In Barking and Dagenham, a mixture of rundown retail and residential units in mixed public and private land ownership were part of the planned redevelopment of the Town Square in Barking. In order to progress with a CPO on the site, negotiations and consultation with all parties involved took place over the space of two years, which included helping to re-house an extremely vulnerable elderly resident. A united team effort between the Barking and Dagenham legal team, surveyors, planners and regeneration officers meant that the process was transparent and open, and won the trust of those residents and businesses being displaced. The team ensured that full engagement with all parties took place at each stage of the process, conscious that each passing day of inconclusiveness could break the deal with the developer. Once prepared, the CPO was not opposed which is unusual mainly due to intense negotiations and consultations carried out to ensure buy-in from all involved. www.barking-dagenham.gov.uk/5-work/regeneration/towncentre/town-square.html

teased out in the guidance. The Best-Practice Note can be downloaded via www.englishpartnerships.co.uk/ landsupplypublications.htm. Prior to decontamination, however, consideration must be given to the historical environment, and to the potential existence of features of archaeological or historic importance. Advice should be sought from the London Region of English Heritage or from the Museum of London Archaeology service (formerly known as MoLAS). Both services can serve as a starting point for discussions, and can ideally ensure that archaeological or historic features are taken account of in the formulation of a scheme or development. Thus, high site-preparation costs and potential reduced profits can make sites unattractive and act as barriers. The value and ownership of some brownfield sites in London has meant that there has been little chance of intervention by the local planning authority (LPA), and that development is often at landowners request. For example, in the Royal Borough of Kensington and Chelsea, all brownfield land is in private ownership, and is highly valuable, which means that the borough has little power to lead the development of land. To illustrate, a few years ago the local authority hoped to

Southall Gas Works: Design Statement by URBED with Capita Symonds, WYG, Lovejoys, Jestico and Whiles and RPSDesign Statement

A design competition was held in 2002 to redevelop the site around the Southall Gas Works, within the London Borough of Ealing. Following the production of a masterplan by consultants Urbed, a planning application was made for a mixed-use development including 4,500 residential units, leisure, office space, a secondary school, health and community facilities and airport parking. Following the fire at the Buncefield Oil refinery in late 2005, the regulations for development around gas-holders were revised and the scheme set out in the masterplan was no longer in conformity. Southall has since been designated as one of nine priority areas for regeneration by the LDA. It is the highest-priority site to be identified within the second phase of the Mayors 100 Public Space Programme. Ealing Council is working in partnership with the GLA Planning Decisions Unit to negotiate a development brief for the Southall Gas Works site. The site and scheme serves as an example of the ways in which policy designations can assist in trying to overcome regulatory constraints. More information can be found at www.urbed.coop/ journals_show.php?J_id=49 and www.london.gov.uk/ mayor/auu/docs/100ps_phase2.pdf.

Southall gas works design courtesy or urbed

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buy a key brownfield site in its borough the Kensal Green Gas Works in order to lead its regeneration, but the site was far too expensive. The site has not yet been developed partly due to regulatory issues with the gas works, but also land ownership issues and the LPA has been powerless to assist the development process. The authority is currently trying to bring the site forward

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through the planning process see www.rbkc.gov.uk/ planningandconservation/planningpolicy/supplementaryplanning. aspx for the Site-Specific Allocation document. On the other hand, the London Brownfield Sites Review Stage 1 Report (available from www.london.gov.uk/ assembly/reports/environment/lda-brownfields-review. pdf) identified that London has a lower proportion of brownfield land in private-sector ownership as compared to the national average. Around one-third of the PDL land in London is in public ownership 13 per cent of sites were owned by London Boroughs, and 19 per cent of sites were owned by other public bodies (including the LDA). Around 42 per cent were known to be in private ownership, compared to 56 per cent nationally. Just over a quarter (26 per cent) of sites were in unknown ownership. The Homes and Communities Agency (HCA) is tasked with unlocking brownfield sites, and works alongside the borough to explore the available options. In compiling the London Brownfield Sites Database (LBSD) ownership information has been sought for sites identified and moving forwards ownership information will be included for new sites where known. The use of Compulsory-Purchase Powers to unlock particularly difficult sites is generally seen as desirable, and there is support for the HCA, local authorities and the LDA in exercising their powers to bring about the regeneration of complex brownfield sites in London. However, the speculative purchase of brownfield sites by such bodies can be regarded as distorting the market and crowding out potential investment by the private sector. The successful use of a Compulsory Purchase Order (CPO) is crucial. The South East of England Regional Development Agency (SEEDA) was the first Regional Development Agency (RDA) to have a CPO approved in 2002 on the so-called Ropetackle site as part of the Shoreham Maritime Scheme. The CPO was a necessary part of assembling a complete parcel of land for development by Berkley Homes. More information about the development can be found at www.berkeleygroup. co.uk/index.cfm?articleid=317. However, in reality the use of CPO powers is by no means straightforward, and the issue of site assembly is a key priority for any London-wide (or more local, authority level or sub-regional) Brownfield Action Plan.
The London Borough of Hounslow generally experiences great demand for brownfield land sites. However, with the current housing market slowdown and credit crunch, there is more impetus for developers to work on smaller sites, which are easier to assemble and are less financially risky. Although this is positive in some respects, there is a concern that developers have become less keen to tackle the more challenging brownfield sites in the borough, which, due to a range of environmental issues (e.g. flood risk or land contamination), require more investment to develop. The borough is beginning to tackle these concerns by meeting with various developers and other stakeholders, and promoting a range of large development sites across the borough and providing focused advice on the steps forward to develop the site. Due to a good level of market demand from the private sector, the authority does not tend to get involved in promoting sites. However, there are some exceptions. The council has recently commissioned a visioning document for Hounslow Town Centre, to feed into a masterplan to build confidence in the town centre, and as part of a comprehensive approach to town centre development.

www.hounslow.gov.uk

The White City opportunity site in the London Borough of Hammersmith and Fulham is owned by six different landowners including the BBC, Marks and Spencer and Helical Bar. An outline application is expected by the end of 2008. A crucial aspect in the speed of preparation for development has been the guidance, leadership and management of the site and planning preparation process by one particular landowner Helical Bar. Where it is notoriously difficult to bring multiple landowners together, shrewd management of stakeholders and regular meetings with the LPA as a united front has meant a coordinated, amalgamated and speedy approach to bringing land forward for development. www.whitecitydevelopment.co.uk/index.asp

3.1.1 The Sustainable Communities Plan


The Governments 2003 Sustainable Communities Plan (available at www.communities.gov.uk/communities/ sustainablecommunities/sustainablecommunities/) sets a target for 60 per cent of new housing to be constructed on brownfield land. The Stage 1 report from the London Brownfield Sites Review (available at www.london.gov.uk/ assembly/reports/environment/lda-brownfields-review.pdf) found that, in 2005, 71 per cent of housing development

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Often, developers shoulder the costs for the preparation of brownfield sites for development, notably remediation and decontamination. To ensure that all parties are made aware of the costs associated with this process, the London Borough of Hounslow has policies embedded within its Development Plan that look to ensure that for any development proposed on contaminated land, the applicant can demonstrate consideration for the health and safety issues associated with preparing the site, particularly financial. Objective 6.8 (Policy ENV-P.1) of the Development Plan is to protect residents and workers in the Borough from further detrimental effects due to noise, poor air quality, contaminated land and general environmental pollution. This is implemented by a separate Land Contamination team, which is fully involved in the pre-application discussion process and able to work with developers to come up with solutions and realistic costs to remediation issues. The pre-application discussions, for which LB Hounslow now charges a fee, are key to ensuring a smooth application and site preparation process.

was provided through the reuse of land or buildings. This figure was even higher again in London, where 98 per cent of all new dwellings built in London were built on brownfield land. But, whilst the proportion coming forward might appear favourable, it is also important to consider development in absolute numbers compared to borough housing allocation levels. Further data and analysis is contained within the Stage 1 report (page 21 onwards). Many different factors combine to prevent or delay the reuse of derelict or vacant land and, in some instances, local authorities simply do not have sufficient supply of suitable brownfield land to meet reuse targets. In other cases, previously-developed sites may still be in use, albeit possibly under-utilised, providing employment or much-needed local services. Other barriers highlighted by research are outlined in the table below:

Physical barrier
Legacy of historic activities e.g. mining, leads to ground instability Lack of infrastructure electricity, water Poor accessibility and transport links Flood risk Contamination

Regulatory/Market
Planning policies, e.g. inappropriate land use allocation Land designated as an environmental site e.g. SSSI Multitude of stakeholders can be overwhelming Lack of market demand Land ownership issues owner aspirations for land may be too high

www.hounslow.gov.uk/regeneration

In working together with the four separate landowners across four different, interlinking sites at Warwick Road, planners at the Royal Borough of Kensington and Chelsea had to manage a multitude of stakeholders to ensure that the masterplan for all four sites was realised by all landowners. The four sites comprised an office block with high street frontage, a vacant site formerly used by the Territorial Army, a telephone exchange and a retail outlet. The sites became strategically important when the owners of two of the sites came forward with plans for redevelopment. Careful coordination of stakeholder interests was key in the development of these sites as a strategic whole. Planners at Kensington and Chelsea created a large-scale planning brief for the combined sites. The brief contained enough flexibility to allow developers freedom, while ensuring that proposals were coordinated. The brief made allowance for new residential accommodation (of which half would be affordable housing), small-scale retail outlets, and space for a new health polyclinic.

Table based on The Brownfield Guide (Chapter 1) www.englishpartnerships.co.uk/landsupplypublications.htm Developers often encounter problems in trying to assemble complex development sites due to the problems of fragmented ownerships and different interests (freehold, leasehold, licenses, etc.) in the same piece of land, as well as not wishing to be the first to develop in a previously untested area. It must be recognised that issues with brownfield land cross ownership boundaries and administrative boundaries between regulatory authorities. The abundance of stakeholders involved in land renewal can therefore be overwhelming and can hinder the process. Yet, as the examples below illustrate, teamwork and a common purpose for all stakeholders is a major step forward for the site preparation and redevelopment process.

www.rbkc.gov.uk/planningandconservation/ planningpolicy/supplementaryplanning.aspx

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3.3 Further References
English Partnerships (2006) The Brownfield Guide. www.englishpartnerships.co.uk/landsupplypublications.htm The Brownfield Land Assembly Company www.brownfieldlandassembly.co.uk The Land Restoration Trust www.landrestorationtrust.co.uk English Partnerships (2003) Towards a National Brownfield Strategy. English Partnerships (2008) Contamination and Dereliction Remediation Costs (Best Practice Note 27) Joseph Rowntree Foundation (2001) Releasing Brownfields. CL:AIRE (Contaminated Land Applications in Real Environments) www.claire.co.uk Sustainable Urban Brownfield Regeneration: Integrated Management www.subrim.org.uk CIRIA (Construction Industry Research and Information Assoc.) www.contaminated-land.org
The Brownfield Land Assembly Company (BLAC) was established by Hyde Housing Association Limited, RJ Barwick Construction Services Limited and SEEDA to tackle brownfield site assembly issues by acquiring and remediating clusters of small brownfield sites for housing in the south east. As neglected and derelict brownfield land often takes the form of small sites in urban areas, BLAC purchases them and carries out the various stages of site assembly. This represents a good not-for-profit means of recycling smaller sites. Examples of projects include: E A former veterinary practice in Sittingbourne, Kent was demolished. Soil investigations showed limited site contamination. Planning permission was then obtained for 20 flats with car parking. The site was sold to Moat Homes to develop the housing. E A former ATC training centre in Hastings was an empty site when acquired. Some works are required, along with relocation of some reptiles found on site. Planning permission has been obtained for 16 houses, to be built under the Design for Manufacture competition. E A former builders yard on the Isle of Sheppey was contaminated with asbestos and Japanese Knotweed. The contamination was cleaned up, including a costed plan agreed with the purchaser to cover treatment of soil contamination identified after acquiring the site. The redevelopment process adopted by BLAC is designed to enable development, and includes carrying out initial site investigations, purchasing sites, preparing design guides in-house, commissioning remediation works, marketing sites for sale and then working with developers to secure planning permission. BLACs revenues from sales are reinvested into future site purchases.

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4 Infrastructure
4.1 Context and Issues
Developers and local authorities alike identify the provision of utilities as a key barrier to site redevelopment. Utilities such as water/wastewater treatment, gas, electricity and telecommunications and data services (including broadband, telephone and Wi-Fi) are all prerequisites for (re)developments, whether they be commercial, industrial or residential in use. Where such utilities are lacking, the need exists for their provision; this requires close working between developers, local authorities and infrastructure providers to ensure provision is met and delivered at the right time in a development.

4.1.2 Water Infrastructure


The provision of water and wastewater infrastructure is identified by many developers and Local Planning Authorities (LPAs) as the greatest barrier to enabling site development. Thames Water Utilities Ltd (TWUL) is responsible for the supply and treatment of water and treatment of sewage across the majority of the London Region. TWUL has a duty to develop and maintain an efficient and economical system of water supply and sewerage within its area. Importantly, however, this duty is mindful of available resources and requires the assistance of LPAs in ensuring that those resources are not overwhelmed by new development. In turn, funding is often sought from developers to enable provision proportionate to the demands of development. TWULs ability to provide or upgrade infrastructure is dependent on the finances allocated to them by the Water Services Regulation Authority (OFWAT). Understanding planned local growth-rates allows TWUL to plan and ensure that infrastructure is delivered at the correct time. TWUL outlined to OFWAT the implications through its Business Plan in order to receive the appropriate funding. This requires the ongoing cooperation of Boroughs to identify development sites and provide an indicative density for the development within their LDFs.

4.1.1 London Policy Context


The London Plan identifies that development needs to take account of the capacity of existing or planned infrastructure including public transport, utilities and community infrastructure. Further, in order to maximise site potential, plot ratios for commercial developments should be maximised. The ability to do this will depend in part on utilities infrastructure capacity. The provision of land for utilities is imperative to ensuring continuity of supply. Supplementary Planning Guidance (SPG): Industrial Capacity (www.london.gov.uk/mayor/strategies/sds/ docs/spg-industrial-capacity-2007.pdf) states that the Mayor, the LDA, Transport for London (TfL), boroughs and other partners are asked to take into account land requirements for new utility infrastructure, particularly in Opportunity Areas and Intensification Areas where growth is anticipated.

4.1.3 Gas and Electricity


The electricity and gas networks are laid, or constructed, across areas of land that are owned and occupied for the most part by third-parties, and which are subject to change and development.

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As a supplier and manager of energy infrastructure, National Grid is regularly consulted on issues of local, regional and national importance. As an infrastructure provider, National Grid wishes to contribute to the preparation, alteration and review of relevant Local Development Documents (LDDs) (www.nationalgrid.com/ uk/LandandDevelopment/SC/Applications/), which may affect their assets. In relation to planning applications, National Grid states that it is happy to work with developers. Early communications will help establish what issues need to be addressed early on in a project. See www.nationalgrid.com/uk/Gas/About/ How+Gas+is+Delivered/ and also www.nationalgrid.com/uk/ Landand_Development/SC/ for further information.

4.2 Good-Practice Examples


Thames Water Utilities Ltd recommends the inclusion of the following Water and Sewerage Infrastructure Core Strategy policy within Borough LDFs: Planning permission will only be granted for developments which increase the demand for off-site service infrastructure where: 1.Sufficient capacity already exists or, 2.Extra capacity can be provided in time to serve the development which will ensure that the environment and the amenities of local residents are not adversely affected. When there is a capacity problem and improvements in off-site infrastructure are not programmed, planning permission will only be granted where the developer funds appropriate improvements which will be completed prior to occupation of the development. Source: Thames Water (2007) A Water Services Infrastructure Guide for Local Planning Authorities. p13.

4.1.4 Telecommunications Infrastructure (Data Services)


Data services to homes and businesses are now more popular than ever before, offering television, radio, security, internet access etc. The Guidance Note on Data Ducting Infrastructure for new Dwellings was published by CLG in 2008 and provides national guidance to developers for the provision of telecoms infrastructure. The Guidance Note can be accessed via www.communities.gov.uk/publications/planningandbuilding/ dataductinginfrastructure. PPG8 covers telecommunications, and provides guidance to both suppliers and developers. It states that planning authorities will need to consider telecommunications issues in handling applications. Authorities should also encourage prospective developers to consider with telecommunications operators how such needs will be met. Good practice to date has focused around providing adequate ducting for cables and other services at the outset, both underground and in the structure of the building. PPG8 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ telecommunicationsdevelopment/planningpolicyguidance8/.

Next Generation Access (NGA) will take broadband to the next level. Cutting-edge fibre technologies, including fibre optics, will provide substantially faster broadband speeds. These higher speeds could support a wide range of new services to be possible, touching everything from games and other home entertainment to education and healthcare. The leading communications providers are already beginning to invest in a next-generation access future. Virgin Media is upgrading its cable network, and BT is installing fibre technology into a major new housing development in Ebbsfleet, Kent. Not surprisingly, housebuilders regard NGA as an important selling feature, and are keen to have it as part of their developments. www.ofcom.org.uk/consult/condocs/ebbsfleet_fibre/ summary/

4.3 Further References


National Grid Land and Development www.nationalgrid.com/uk/landanddevelopment/ GLA (2008) SPG: Industrial Capacity www.london.gov.uk/ mayor/strategies/sds/docs/spg-industrial-capacity-2007.pdf CLG (2001) PPG8: Telecommunications www.communities. gov.uk/publications/planningandbuilding/ppg8 Thames Water (2007) A Water Services Infrastructure Guide for Local Planning Authorities.

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construction photography

5 Site Contamination and Remediation


5.1 Context and Issues 5.1.1 Legislation
On 1 April 2000, a statutory regime came into force in England, providing an improved system for the identification and remediation of contaminated land, referred to as Part 2A of the Environmental Protection Act 1990. From 4 August 2006, the regime was extended to include radioactivity. Part 2A covers: E definition of contaminated land; E identification of contaminated land; E remediation of contaminated land; E exclusion from, and apportionment of, liability for remediation; and E recovery of remediation costs.
Part 2A contaminated land definition: Land that appears to the local authority in whose area it is situated to be in such a condition by reason of substances in, on, or under the land, that: a) significant harm is being caused or there is significant possibility of such harm being caused; or b) pollution of controlled waters is being, or is likely to be, caused.

5.1.2 Other Key Information


E Environmental Protection Act 1990 (containing the Part 2A definition) www.opsi.gov.uk/acts/acts1990/Ukpga_19900043_en_1. htm E Contaminated Land (England) Regulations 2006 www.opsi.gov.uk/si/si2006/20061380.htm E European Community Directive 96/61/EC on Integrated Pollution Prevention and Control (IPPC Directive) http://ec.europa.eu/environment/legal/liability/index.htm E Pollution and Prevention and Control (England and Wales) Regulations 2000 www.opsi.gov.uk/si/si2000/20001973.htm E The Hazardous Waste (England and Wales) Regulations 2005 www.opsi.gov.uk/si/si2005/20050894.htm E Environmental Liability Directive (2004/35/CE 21 April 2004) http://ec.europa.eu/environment/liability/index.htm E Landfill Directive (1999/31/EC 26 April 1999) http://ec.europa.eu/environment/waste/landfill_index.htm E Waste Framework Directive (2006/12/EC 5 April 2006) http://ec.europa.eu/environment/waste/legislation/a.htm The Department for Environment, Food and Rural Affairs (DEFRA) is the Government body responsible for ensuring implementation of the European Directives outlined above. More information can be found at www.defra.gov.uk/environment/waste/strategy/

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legislation/index.htm. The Environment Agency (EA), as a non-departmental public body of DEFRA, also issues advice and position statements in relation to waste and contamination. See www.environmentagency.gov.uk/research/library/position/34157.aspx and www.environment-agency.gov.uk/research/library/ position/41237.aspx for further information. The Homes and Communities Agency also publishes advice on dealing with contamination and remediation of sites, through both the Brownfield Guide and Best Practice Note 27: Contamination and Dereliction Remediation Costs. This Best-Practice Note (BPN) examines the costs of preparing brownfield sites affected by contamination or dereliction, including how to identify such costs. Both the Brownfield Guide and the Best-Practice Note can be downloaded from www.englishpartnerships.co.uk/landsupplypublications.htm. Further, before remediation measures are developed, consideration must be given to the historic environment and advice sought from English Heritage (London Region). Each site has the potential for containing features of historic importance, such as industrial buildings of heritage value or archaeological value. In these cases, PPG15 and PPG16 will apply to archaeological or historical environment issues respectively. In addition, there are various legislative controls that relate to the management of the historic environment that should be recognised.

5.2 Good-Practice Examples


Global Remediation Strategies (GRS): Olympic Park A GRS is a set of procedures for the management of contaminated land. It sets out the site-wide principles and technical procedures for establishing conceptual site models and taking forward site-specific remediation strategies for the improvement of land quality. The GRS enabled the land contamination constraints to be identified early in the planning process and brought savings in time and cost to the Olympic Park redevelopment. The Global Remediation Strategy (GRS) helps to identify these constraints and establishes a framework to deal with any risks early in the planning process. This process was key in enabling over one million cubic metres of soil being cleaned on the Olympic park site before it could be reused. The success of the GRS on the Olympic Park has meant that the remediation is ahead of schedule and the EA recommend it as a model for other large-scale brownfield development sites. National Power is looking at adoption for its brownfield sites and many strategic master plans for the Thames Gateway are now beginning to refer to the model. Reference: Environment Agency, Internal Briefing Note on Global Remediation Strategies

5.1.3 Planning Policy


PPS23: Planning and Pollution Control The main purpose of PPS23 is to provide guidance to LPAs on how to provide advice in respect of planning applications on land that may be affected by the presence of potentially contaminative substances. Within the context of the meeting the Governments targets for housing development on PDL, the importance of remediating contaminated sites is recognised. It is emphasised that a balanced approach must be adopted between recycling PDL and addressing the potential risks of pollution and its associated impacts on communities and businesses (Para 16). Local authorities are therefore directed to adopt appropriate policies for dealing with the potential for contamination and the remediation of land, so that it becomes suitable for its proposed development or use and the potential need for greenfield development reduced (Para 21). It is important to distinguish between land that is legally contaminated under Part 2A of the Environmental Protection Act 1990 (see Section 5.1.1), and land that has contaminative substances on site, but which is not covered by the legal definition. Not all contaminated land falls within part 2A. However, in both cases if a contaminated site is redeveloped or reused then the legislative regime may be relevant in terms of the requirements of cleaning up, reuse or obtaining the necessary permissions or licenses.
On-site soil washing: CL:AIRE Technology Demonstration Project Whilst soil washing is not a common form of decontamination, increasing use of better technologies renders soil-washing viable, and improves the feasibility of previously marginal sites. Decontamination of the former gasworks in Basford, Nottingham used soil-washing as a process for waste minimisation instead of the traditional dig and dump method of reclamation. Coal tar was present on the site at depths ranging from 1.5m to 9.5m. Remediation was achieved by applying a range of techniques sequentially based on cost and technological requirements this included selective digging, dry-screening, crushing, ash recovery, tarmac recovery, manual picking, soil-washing and off-site removal. Around 278,000 tonnes of contaminated soil were excavated, of which around 162,000 tonnes were supplied to the soilwashing plant. Approximately 81,000 tonnes of clean fill was imported to restore the original ground level. It is estimated that the on-site processing saved 14,500 lorry movements, giving environmental, economic and time benefits. Both the developer and the regulator cited good communications throughout the project as a key element of the success from agreeing the approach, approving the laboratory-scale feasibility study, and in implementing the methodology on site. www.englishpartnerships.co.uk/landsupplypublications.htm (Annex C case study)

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Cluster: Overcoming the spatial constraints of small sites Cluster is an initiative developed by CL:AIRE, funded by the Homes and Communities Agency and others, to establish a sustainable approach to dealing with certain types of contaminated site. These sites are either small in land area (and lack the space to install remediation equipment), or they contain insufficient volumes of contaminated soil to justify setting up and using on-site decontamination technologies on their own. By collaborating with other similar sites, it can be economically possible to treat materials at a central, shared hub site, returning the treated soil to the donor site, or elsewhere, for reuse. The aim of a CLUSTER is therefore to provide an off-site remediation option, which enables treatment of materials, thereby maximising the recovery of material suitable for use back on site, and minimising waste material to landfill, and localising disposal where reuse is inappropriate. CLUSTER is now looking for potential groups of sites to which the expertise and experience of the CLUSTER partners can be applied. www.claire.co.uk/index.php?option=com_content&t ask=view&id=129&Itemid=28 (See also Annex B1 of the Brownfield Guide www.englishpartnerships.co.uk/landsupplypublications.htm)

Although not a Part 2A site, land can sometimes be covered by the Part 2A regime as the result of development operations on site (i.e. actions where there would lead to a Significant Possibility of Significant Harm SPOSH). Simply digging a hole could potentially create a pathway between contaminative substances (sources) and receptors such as groundwater or plant roots. PPS23 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ planningpolicystatements/planningpolicystatements/pps23/. The London Plan Policy 4A.33 of the London Plan (Bringing contaminated land into beneficial use) sets out a commitment to working with strategic partners to enhance remediation of contaminated sites and bring the land into beneficial use. The London Plan requires that, where practicable, brownfield sites including those affected by contamination, should be recycled into new uses. The London Plan can be accessed via www.london.gov.uk/ thelondonplan/thelondonplan.jsp.

5.1.4 Regulatory Bodies


The Environment Agency is the principal environmental protection regulator for in England. Its regulatory functions include: E acting as the enforcing authority in respect of land designated as special sites. Once defined by the local authority (in consultation with the EA) these sites become the responsibility of the EA; E providing guidance to local authorities (see below); and E assisting local authorities in identifying contaminated land, particularly where there is pollution of controlled water. In addition to the Contaminated Land Advice Notes (CLANs) published by DEFRA (see www.defra.gov.uk/ environment/land/contaminated/technical-guidance.htm), the EA publishes another series of guidance notes, procedures and advice through their Contaminated Land Report Series (see www.environment-agency.gov.uk/ research/planning/33710.aspx). In particular CLR11 outlines the Model Procedures for the Management of Land Contamination. This outlines the process of managing land contamination, covering risk-assessment, options appraisal and implementation of a remediation strategy. The Environment Agency has also issued guidance for developers and local authorities on the requirements for Land Contamination Reports (which can be accessed or downloaded from www.environment-agency.gov.uk/ research/planning/33740.aspx). The guidance covers the questions that those undertaking a report should ask, and the procedures

Successful partnership working at Barking Riverside Bellway Homes and English Partnerships jointly invested in the site preparation of Barking Riverside, formerly the location of docks in the Thames Gateway, and the largest brownfield site in the UK (at around 200ha). Successful site-remediation, clearance and diversion of services prepared the way for an expected new community consisting of 10,800 units, community facilities and 40 per cent open space. The remediation costs were in part offset by the introduction of an on-site recycling plant, which produces aggregates from demolition waste, which can then be reused in the construction of the development.

www.englishpartnerships.co.uk/barkingriverside.htm

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that should be followed in compiling the report. Local authorities are the primary regulators for the regime, through their environmental health functions. It is their task to assess whether sites should be determined as contaminated land under Part 2A, with the Environment Agency having regulatory responsibilities for special sites. As such, local authorities are intended to have proactive roles in seeking out and determining contaminated land. In reality, a lot of authorities have limited resources and skills to achieve this.
St James Homes Ltd is currently redeveloping Worcester Park, Sutton the site of a former sewage treatment works, which closed in 1996. The masterplan for the site proposes the development of 480 new homes, with 12.5 ha of accompanying parkland and open space. Use of the site as a sewage treatment works and informal waste tip had created a generally low level of contamination across a wide area. Remediation of the site was therefore required to release the sites development potential and bring it back into alternative beneficial active use. Remediation works were based on the principles of containing, isolating and diluting contamination, comprising: retention of material on site to minimise waste, on-site soil blending, and capping of contaminated soil with clean indigenous soil where the blending process alone was not sufficient, and the installation of a barrier layer between made ground and clean soil. A key element of the remediation strategy and feature of the development was the creation of a 12.5ha nature park, with significant environmental benefits.

5.1.5 London Context


Whilst contamination is in many ways a universal issue for redevelopment in the UK, emphasised by the policy impetus encouraging redevelopment of PDL, discussions with stakeholders as part of the Brownfield Sites Review in London identified the following as more relevant or pronounced in the London context: E Definitions and National Framework: The controversial issue of the definition of waste can contribute to an increase in projected costs of remedial works, making development of complex sites less attractive or viable. Further, the underdeveloped national framework of risk assessment to human health, ecological receptors, properties and even controlled waters increases the uncertainties in costs estimates of remedial works, which could jeopardise the viability of some developments. E London development legacy: clean or less severely contaminated sites have already been remediated and redeveloped, leaving the most problematic sites still to be tackled, or sites with potential for unexpected or hidden contamination (e.g. filled and made ground previously used for landfill). In terms of site size, sites in London are typically small, with associated logistical and spatial constraints for on-site/off-site clean-up operations. Historically, Londons landfill sites have been located around the outskirts of London, being used for landfill following extraction of sand and gravel in the 1940s to 1980s, and as such are now contaminated and represent bad neighbours with an associated risk of contamination to new development nearby or onsite. E Viability: The cost of remediation, in combination with other developer contributions typically required as part of Section 106 agreements commonly make development financially unviable. This is mainly a land-value issue, as often landowners have unrealistic expectations with regard to prices or values of their sites (hope value, see Section 3.1), with insufficient allowance being made for the costs of decontamination, infrastructure provision and contributions to community needs. This is not just a

The London Borough of Richmond Upon Thames Environment Directorate: Sustainable remediation of a former Hampton Court and Teddington Gas Works site, Teddington. An application was submitted by Linden Homes for predominantly residential use (198 flats) with some commercial elements (Nursing Home, offices and crche). The applicant undertook remediation of the site using a suite of modern technologies, including bioremediation in underground piles, flow-path management, soil vapour-extraction, conductive heating, and the use of surfactants and CemOx. This allowed treatment of the majority of contaminated material (> 95 per cent) on site. The site is located in a sensitive local setting,which necessitated an intensive programme of environmentalmonitoring. This allowedseveral adjustments to the remediation to be made and mitigating measures to be taken in order to minimise environmental impacts.

Cost saving with risk management: Teddington Secondary School (built on a site previously used as a sewage works), is being redeveloped entirely as part of Building Schools for the Future. Site investigations revealed elevated concentrations of chemicals in the soil, and an independent health-risk assessment indicated that 1m of top soil should be replaced with clean material. Early involvement by the local authoritys contaminated-land team in reviewing these findings resulted in a site-specific refinement ofthe Conceptual Site Model. Reassessing these results in light of the proposed school layout and land use resulted in financial savings, reduced soil disposal volume, reduced development timescale, and other environmental benefits from reduced lorry movements etc.

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The London Borough of Richmond Upon Thames Environment Directorate (contd): London issue however; and, in theory, the higher land values in London should make remediation costs easier to deal with, assuming hope value aspirations can be overcome. Indeed, the differences in land values can in themselves cause blight in former industrial areas industry historically sought out cheaper sites, which tend to remain comparatively cheap today due to lower market demand in such areas. Since industrial sites are potentially more likely to be contaminated to some degree, the lower market value can hinder the feasibility of clean-up and redevelopment. E Clean-up: There is concern over the remediation and contamination liability amongst developers, particularly in relation to the financial standing of the organisation undertaking the decontamination. Also, traditional measures to address contamination such as encapsulation or permeable reactive barriers will be susceptible to increased flood risk, rising sea levels and generation of leachates. E Planning: Stakeholders anecdotally highlighted delays in undertaking site surveys and investigations until late in the development process, with associated ensuing delays to projects when trying to agree planning parameters or when seeking planning consent. There was also concern as to the balancing of redevelopment with the retention of biodiversity interests. A number of sites in the Thames Gateway have developed extensive biodiversity interest. Remediation should try to find a balance between removing contaminated hot spots while retaining biodiversity interest. E Systems and Part 2A implementation: The implementation of Part 2A, including limited local authority resources, can create difficulties in tracing the original land owner or polluter and implications for the application of the polluter pays principle under this principle costs of clean-up would be passed to the original owner, occupier or polluter, but when land ownership is unknown or unclear, developers, current land owners and local authorities can be left to carry the cost of remediation instead. Stakeholders also noted some confusion over the relative responsibilities of different departments within authorities and the EA. Moreover, a lack of a comprehensive list of thresholds for contaminated land in the UK has brought a halt to the advance of Part 2A in 2007/08. This has also impacted development of brownfield land via the planning regime and might have led to an increase in costs for risk assessments and remediation as well as delays to developments. E Waste disposal: prior to the 2008 budget, waste from cleaning up contaminated land disposed of by landfill was exempt from Landfill Tax. This is being phased out (see www.hmrc.gov.uk/budget2008/bn80.pdf). Removal of the landfill tax exemption could act as a disincentive

The London Borough of Richmonds contaminated land team has established successful interdepartmental working with the authoritys planning section, creating a shared GIS-based dataset ofbrownfield landsupplemented by inter-departmental agreements. Thishas streamlined the process for those planning referrals in need of further assessment by the contaminated-land team. A shared GIS-based data setofbrownfield land and potentially contaminated land has been created, andprovides a screening toolfor plannersto identify whichdevelopments should bereferred to the contamination team. The user-friendly system ensures that potentially contaminated sites entering the planning system can be identified right from the start, and appropriate investigations carried out early on in the planning process. This results in the minimisation of potential delays and decrease of costs later on. It also helpsthe councilto maintain a good rate of inspections of potentially contaminated land towards fulfilling its duties under Part 2A without the need to fund it directly.

Balancing commercial and community interests at a former railway goods yard, Queens Ride, Barnes was achieved following an application by Fulcher Consultants Ltd for redevelopment for residential use and public open space. Initial proposals envisaged a majority of the site would be developed for a residential end-use, with only minimal public open space. This approach was based on a generic risk-assessment of the site, whereby most of the contaminated soil would have been disposed of to landfill. Acritical review of the remediation costs was based on the contamination observed, the nature of materials, the proposed land-use, splitting the site into separate areas according to the contamination and proposed land use information. Reconsideration of the masterplan to include a greater proportion of open space for local residents also achieved a significant reduction in the initial cost estimate for remediation. Overall the new scheme resulted in a 40 per cent reduction in remediation costs and the transportation of significantly less material to landfill.

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to developers, adding to the overall cost of redevelopment, although in reality this is expected to encourage on-site remediation of waste rather than a dig and dump approach to redevelopment. The counter arguments are that, in the 12 years since Landfill Tax was introduced, the development and remediation industries have had plenty of time to develop new, cost-effective, techniques, and it would be totally unrealistic for an industry to assume that an exemption from tax would last forever. There is a reluctance by landfill operators to accept hazardous wastes, which has knock-on feasibility and cost implications for site clean-up and remediation. Landfill sites have to be licensed to accept hazardous waste and a reduction in the number of such licensed sites is particularly pronounced in London. According to Environment Agency data, landfilled waste in London decreased slightly by less than one per cent between 2006 and 2007, while inputs to transfer and treatment facilities increased by 11 per cent and 42 per cent respectively. Between 2000/01 and 2007, inputs to landfill decreased by 29 per cent, while transfer facilities increased by two per cent. Waste through treatment plants tripled to 2.6 million tonnes. Permitted waste incineration facilities within the region handled over one million tonnes of waste during 2007. Some 90 per cent of this was municipal waste. (Source: www.environment-agency.gov.uk/research/library/ data/97841.aspx). E London geology: the composition of the ground underlying London means that there is potential exposure of the London chalk aquifer to contamination in areas where it is not overlain by London Clay. This is also relevant for river terrace deposits where a river runs through permeable rock. In London, the policy focus on delivering development on brownfield land provides the opportunity to remediate large areas of contaminated land, and in so doing, to remove the risks to both the environment and public health. A history of heavy industrial development in many areas of central and eastern London has left a legacy of contamination, in various guises, across many boroughs. Nevertheless, high land-demand and strong property-prices have provided the expertise, opportunities and financial resources to successfully redevelop and bring back into use many previously blighted and contaminated sites.

5.3 Further References


DEFRA Guidance and Advice: www.defra.gov.uk/environment/land/contaminated Environment Agency www.environment-agency.gov.uk/ subjects/landquality/113813/ CL:AIRE (Contaminated Land Applications in Real Environments) www.claire.co.uk CIRIA (Construction Industry Research and Information Assoc.) www.contaminated-land.org Contaminated Land Resources www.contamlinks.co.uk Contaminated Land Assessment and Research Centre www.clarrc.ed.ac.uk Brownfield Briefing www.brownfieldbriefing.com Local Authority Contaminated Land Network (LACL) www.contaminated-land.org/lacl.htm DCLG (Letter, 30 May 2008) Model Planning Conditions for Development on Land Affected by Contamination www.communities.gov.uk/ publications/planningandbuilding/ letterconditionscontamination

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6 Planning Process
6.1 Context and Issues
As previously stated, the majority of development that occurs in London is on brownfield land. Using housing as an indicator, LUCS 2007 data suggest that 95 per cent of new housing in London is on PDL. National policy and the London Plan require local planning authorities (LPAs) to maximise the reuse of brownfield land in order to protect green-belt areas, provide new housing where appropriate and deliver necessary new infrastructure to support sustainable communities, while at the same time protecting existing environmental assets (such as biodiversity).

particular vacant and derelict sites or buildings. PPS3 states: E Regional Spatial Strategies should set a target for the proportion of housing development that will be on previously developed land over the plan period E Local Development Documents should include a local PDL target and trajectory and strategies for bringing PDL into housing use. Paragraph 44 of PPS3 says: LPAs should consider a range of incentives or interventions that could help to ensure that previously developed land is developed in line with the trajectory/ies. This should include: E Planning to address obstacles to the development of vacant and derelict sites and buildings, for example, use of compulsory purchase powers where that would help resolve land ownership or assembly issues. E Considering whether sites that are currently allocated for industrial or commercial use could be more appropriately re-allocated for housing development E Encouraging innovative housing schemes that make effective use of public sector PDL.

6.1.1 Policy Context


PPS1: Delivering Sustainable Development and PPS3: Housing PPS1, PPS 3 and the National Brownfield Strategy for England set out the requirement to prioritise development on previously-developed land (PDL), and to deliver sustainable development through balancing development with environmental interests such as biodiversity. PPS1 states that one example of prudently using resources is to build houses at higher densities on PDL, rather than at lower densities on Greenfield sites. Both PPS1 and PPS3 prioritise development on PDL, in

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PPS11: Regional Spatial Strategies (RSS) At a regional level, PPS11 requires regional planning bodies (in this case the Greater London Authority), to produce Regional Spatial Strategies (RSS). These set out a strategic framework and broad development strategy over a 15-20-year period. For London, this takes the form of a Spatial Development Strategy the London Plan. In fulfilling its regional remit, the London Plan will set the precedent for the reuse of brownfield land within the region by: E identifying the scale and distribution of provision for new housing; E setting out the priorities for the environment, such as countryside and biodiversity protection; and E addressing transport, infrastructure, economic development, agriculture, minerals extraction and waste treatment and disposal. PPS11 can be accessed via www.communities. gov.uk/planningandbuilding/planning/regionallocal/ regionalspatialstrategies/pps11/, and the London Plan can be accessed via www.london.gov.uk/thelondonplan/ thelondonplan.jsp. London Plan Policy 2A.1 sets out the sustainability criteria that will be used in implementing the London Plan and when considering borough Local Development Frameworks (LDFs) and planning proposals. Optimising the use of PDL and vacant or underused buildings is the second criterion. Brownfield land provision varies across Londons subregions. The London Plan prioritises different policies in different sub-regions. For example, in the West London sub-region there is a limited amount of brownfield development land, and the Plan says that planned growth should mainly be realised through higher-density development, exploiting locations with good existing or potential access by public transport.

6.2 Good-Practice Examples


Mill Hill East Area Action Plan (LB Barnet) This is a Former Ministry of Defence site coming forward for a mixed-use development providing 2,000 new homes and 500 new jobs across a site of around 31 hectares. Due to the sites proximity to the Mill Hill East Underground station and the M1, the council and the London Plan identify it as a key area for development. The Action Plan aims to ensure that development will protect and enhance the suburban character, embrace sustainable development and deliver local infrastructure, services and community facilities to support the needs of an expanded community. The plan includes a new community hub in the high street and the creation of a two-form primary school. Within the development, the Action Plan also includes reuse of several buildings related to previous Ministry of Defence uses, and retention of all existing green-belt space within the plan area. www.barnet.gov.uk/index/council-democracy/unitaryauthorities/statutory-development-plans/local-developmentframework/mill-hill-east-aap-adopted-jan-2009.htm

George Wimpey is in the process of redeveloping a former multi-storey car park in Gants Hill District Centre, within the London Borough of Redbridge. The Bramley Crescent scheme directs growth towards the town centre, increasing residential densities close to a transport node. The two-to-seven storey scheme will increase the supply of one- and two-bedroom units in the area, meeting demand identified in the boroughs Housing Needs and Requirements Study. www.georgewimpey.co.uk/newhomes/East+London/ Invito/ The Gants Hill District Centre is the subject of an Area Action Plan submitted to the Secretary of State in July 2008. The aim of the Area Action Plan is to reverse the decline of the locality by identifying new development sites and uses in a sustainable and coordinated way, and alongside local physical improvements. These improvements include enhanced surface pedestrian-flow, traffic-flow changes, parking provision and a tapering of the streetscape skyline with distance from the centre. www.redbridge.gov.uk/cms/environment__planning/ planning_and_regeneration/planningpolicy/ldfpage.aspx

6.1.2 Main Issues


Londons Boroughs are dealing primarily with brownfield land (as opposed to greenfield sites with no historic on-site development or use), and are identifying sites to be brought forward in their LDF, sites which have to be compliant with sustainable development locations identified in the London Plan. The LDF process enables stakeholder and community engagement to bring forward brownfield sites. Local authorities need to intensify land use to deliver growth targets in areas of London where there is a shortage of brownfield land, or land ready for recycling or reuse. In response to this policy some outer London

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Sub-Regional Planning: the North London Development and Investment Framework (NLDIF) In collaboration with the London Boroughs of Barnet, Enfield, Hackney, Haringey, Redbridge and Waltham Forest, the LDA is working on a Development and Investment Framework (NLDIF) for the North London part of the London Stansted-Peterborough-Cambridge Growth Area. The Framework is jointly funded by Communities and Local Government (CLG), and its partners include the subregional partnership, Housing Corporation and the Greater London Authority (GLA)Group. The LDA has started this process for the six boroughs in north London to detail the development opportunities and challenges in an area that is home to one-fifth of Londons population. The framework identifies the common characteristics across the area and seeks to align planning policies according to a strategic evidence base, and identified growth, opportunities and sustainability objectives. The framework looks at a wide range of planning topics, including economic growth, social cohesion and well-being, sustainability, open space, and aligns these in the context of the hierarchy of planning policy. www.lda.gov.uk/upload/pdf/North_London_Development_ and_Investment_Framwwork_Prospectus.pdf

Boroughs have reported that local residents have opposed new developments, stating that the high-density nature of the scheme is out of keeping with the suburban character of their area. To ensure that schemes are not rejected or opposed it is important that there is full public consultation on the design of the development. High density does not always result in high-rise developments. Ensuring a quality design and pushing environmental credentials of the design can reduce opposition to a scheme that intensifies land use. Development on brownfield land can present a number of challenges. To allow local authorities sufficient time to overcome these hurdles it is essential that brownfield sites are identified in borough LDFs. This enables policy and regeneration teams to work with stakeholders to maximise site potential and ensure successful delivery in the long term. In particular, identifying factors such as environmental or historical aspects to sites at any early stages allows for better development of site proposals. Included within this categorisation of brownfield land are residential open spaces (including back gardens), with potential intensification of use, on either in-use sites or vacant buildings where the previous use is no longer considered suitable. Some boroughs have reported conflict between the local authority and the Planning Inspectorate regarding this categorisation, although local authorities believe their overall DPD policies (the documents containing the site-specific allocations for the borough LDF, which are in turn supplemented by Area Action Plans (AAPs) where necessary) provide enough protection against developments in residential spaces. Nevertheless, it has been reported that some decisions have been overturned by the Planning Inspectorate. The protection of back gardens is a policy priority of the London Mayor see www.london.gov.uk/mayor/priorities/ planning.jsp for more information.

The London Brownfield Sites Database (LBSD) The Brownfield Sites Review for London is an initiative jointly funding by the London Development Agency and the Homes and Communities Agency, with some funding from the Department for Communities and Local Government. In addition to the production of London-centric good-practice guidance, the Review is also producing a database of brownfield land in London. Using National Land-Use Database (NLUD) returns by individual boroughs as a starting point, the study will gather additional information on sites already identified, to ensure they are still suitable for redevelopment, classified as per the A-E typology set out in Section 1 of this document. However, the database will also go beneath the current NLUD site size threshold of 0.25 hectares, adopted in some London Boroughs, to look at sites as small as 0.1 hectares. The database will be available to boroughs and other stakeholders through a GIS-led website interface that will allow boroughs to keep their brownfield site entries up to date, and will provide a valuable and detailed resource for potential investors. Data attributes held for each site includes current and intended land-uses, as well as current and emerging planning policy designations so that site identification and investment decisions are informed by planning policy from the earliest possible stage. www.londonbrownfieldsites.org

6.3 Further References


PPS1: Delivering Sustainable Development www.communities.gov.uk/planningandbuilding/planning/ planningpolicyguidance/planningpolicystatements/ planningpolicystatements/pps1/ PPS3: Housing. DCLG 2006 www.communities.gov.uk/planningandbuilding/planning/ planningpolicyguidance/planningpolicystatements/ planningpolicystatements/pps3/ English Partnerships (2006) The Brownfield Guide. www.englishpartnerships.co.uk/landsupplypublications.htm

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London Brownfield Sites Review 7 Provision of Affordable and Sustainable MixedUse Development
7.1 Context and Issues 7.1.1 Sustainable Communities: Building for the Future
The 2003 Sustainable Communities Plan is part of the Governments wider aims to raise the quality of life in local communities throughout the country. This includes, amongst other things, increasing prosperity, reducing inequalities, more employment, better public services, better health and education, and tackling crime and antisocial behaviour. At the heart of its vision for Sustainable Communities is a social, economic and environmental development of communities that not only succeeds now, but also respects the needs of future generations. Within this context, identification and reuse of brownfield land is perceived as having an important role in meeting a number of core objectives: E Addressing current housing shortages; E Increasing the supply of affordable housing; E Recreating sustainable communities in areas of low demand and abandonment; E Reducing the amount of greenfield development; E Tackling urban sprawl; and E Enabling long-term planning for sustainable communities. The Sustainable Communities Plan can be accessed at www.communities.gov.uk/communities/ sustainablecommunities/sustainablecommunities/. land-use and serve diverse populations located in urban areas. In recent years London has been a champion of sustainable building methods that have reflected the social, economic and environmental factors of the city. There are a number of well-established brownfield schemes across the capital, which serve as exemplars for the rest of the country. It is critical that new developments on brownfield sites incorporate as many facets of sustainability as possible. In London, recognition is becoming increasingly widespread among the construction industry, developers and planners of the significant impact of developments on land-use, energy, natural resources, ecology, wastemanagement and transport. The London Plan, which contains the key vision to develop London as an exemplary sustainable world city, provides a strong lead in supporting growth led by sustainable principles. The London Plan was itself subject to sustainability appraisal (see www.london.gov.uk/mayor/ strategies/sds/docs/lon_plan_sustainability.pdf). In May 2006, former Mayor Ken Livingstone published Supplementary Planning Guidance (SPG) on Sustainable Design and Construction, which covers: E reuse of land and buildings; E maximising the use of natural systems; E conserving energy, water and other resources; E reducing noise, pollution, flooding, and microclimatic effects; E ensuring developments are comfortable and secure for users; E conserving and enhancing the natural environment and biodiversity; and E promoting sustainable waste behaviour. The SPG also included references to other good-practice and methods for undertaking sustainability appraisal. The SPG can be accessed via www.london.gov.uk/mayor/ strategies/sds/sustainable_design.jsp.

7.1.2 London Context


In London, land for building commercial, retail and housing space is at a premium. Mixed-use developments are a practical and sustainable way to optimise

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Despite the heightened awareness of sustainable development and the importance of affordable housing provision, the incorporation of sustainability principles into brownfield development inevitably varies across London. There is a need to create greater awareness of sustainable development, and how specific issues such as climate change and water scarcity can be addressed in development proposals and in the statutory planning process. As part of the move from old-style Development Plans towards Local Development Frameworks (LDFs), boroughs have the opportunity to ensure sustainability is fundamental to development proposals. From the developers side, lack of desire and ambition of stakeholders to incorporate sustainability can be a major barrier. Anecdotally, there can be a reluctance among developers to try out new technologies on brownfield development. In some cases stakeholders remain unconvinced of the (marketable) demand for sustainable technologies, such as green roofs or microgeneration, although there is now an increasing body of evidence supporting their use. Mixed-use development incorporating affordable housing is essential in the creation of sustainable communities. In London, a shortage of affordable housing has led to overcrowding, and this is an increasing problem, particularly in the social-housing stock. Generally, outside London less affordable housing is secured on brownfield sites than on greenfield ones. When negotiating, local authorities and developers often take specific account of the impact of site-clearance and reclamation costs on the viability of the development, and reduce the affordable housing requirement accordingly. However, in London, unlike in many other parts of the country, local authorities are able to argue that the comparatively high land values allow the costs of remediation and affordable housing to be absorbed without reduction. Published in 2009, A new plan for London (www.london. gov.uk/mayor/publications/2009/docs/london-plan-initialproposals.pdf) presents the Mayors latest thinking about the strategic planning objectives for the GLA, and in turn, the London Plan. It emphasises the need for affordable homes and business units, and for liveable and sustainable neighbourhoods. The Mayor is also currently developing a housing design guide for London which in the future will inform his new London Plan and subsequent Housing SPG. Details of the London Housing Design Guide are available at www.lda.gov.uk/server.php?show=ConWebDoc.3363.

7.2 Good-Practice Examples


Raines Court in Stoke Newington is the largest factorybuilt, affordable-housing scheme in the UK. It is a sixstorey mixed-use scheme of 53 shared ownership flats and eight live/work units on the site of a former dairy in north London. The scheme has pushed forward the use of modular technology by increasing the level of off-site construction, enabling new, affordable homes to be built more quickly, efficiently and cost-effectively. Raines Court is a Housing Forum demonstration project, because of its prefabricated construction and partnering approach. A typical two-bedroom apartment in the six-storey zinc-clad development comprises two modules, one with living/dining kitchen and the other with bedrooms and a generous bathroom. The site was given to the Peabody Trust under a unique agreement between the London Borough of Hackney council and the Peabody Trust, called Hackney Now. The council transferred ownership of seven derelict sites to Peabody for redevelopment into homes for local people and commercial premises. Low-cost home ownership is a crucial part of the London Borough of Hackneys regeneration strategy, as it enables people on moderate incomes to remain within the borough when they might otherwise be priced out. This helps to create more balanced communities, and contributes to economic regeneration. Shared ownership housing also fits with the Government agenda to bring home ownership within reach of key workers. By providing over 50 per cent of affordable homes in this development, Raines Court exceeds the quota of low-cost housing recommended for developments in the London Plan. www.wates.co.uk/living_space/living_space_projects/ raines_court/

7.1.3 The Code for Sustainable Homes


Launched by the Department for Communities and Local Government (DCLG) in July 2007, and subsequently updated, the Code measures the sustainability of a home against nine design categories to provide an overall rating, ranging from Level 1 (one star, 10 per cent minimum reduction in dwelling emission rate over target emission rate) to Level 6 (zero-carbon home).

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Redevelopment of the Vale Street Depot in the London Borough of Lambeth has brought an underused brownfield site into affordable residential use, adding considerably to local character. The project shows how developments can exceed current sustainability policy and move towards a lowcarbon economy by improving energy efficiency, reducing emissions, integrating renewable energy technology and achieving EcoHomes Excellent, the highest BREEAM rating, and providing over 40 per cent renewable energy. Energy efficiency has been maximised via super insulation, thermal mass, triple-glazing, air-tightness, low-energy lighting and the use of materials with low-embodied energy (such as recycled roof slates). Energy for residual heating requirements is generated via a 50kw biomass boiler (carbon neutral), with a low nitrogen oxide gas boiler for backup. Solar Photovoltaic Panels are located to generate a 10 per cent carbon reduction. Pitched-roof orientation and solar PV layout ensured the solar PV operates efficiently, maximising south-facing coverage. Additionally, the site is located close to a well-served public transport node and includes cycle parking for 94 cycles. Key to the success of this truly sustainable brownfield development were the requirements set in Lambeths local planning policy. The site was identified in the borough UDP as a Major Opportunity Site, and was offered for sale for affordable housing with zero energy requirements.

See www.communities.gov.uk/publications/ planningandbuilding/codesustainabilitystandards for further information. Cost analysis consultants Cyril Sweett have examined the Code for Sustainable Homes (most recently in July 2008, following revisions to the final technical guidance on the code), with a view to creating cost benchmarks for achieving different performance levels under the Code for a range of house types. The estimated increase in costs ranged from a 1 per cent increase on 2006 Building Regulations standards for a Level 1 rating, through to a 52 per cent increase for a level 6 rating. See www.communities.gov.uk/publications/ planningandbuilding/codecostanalysis for the cost analysis.

7.1.4 Demonstration Projects


The Constructing Excellence Demonstration Programme was established in 1998, with the aim of capturing and disseminating best-practice knowledge in the builtenvironment sector. Demonstration projects are live construction projects that are innovating or applying an element of best practice that it is hoped will lead to a step-change in performance for the participating organisations. Projects cover several demonstration themes, each with its own corresponding working group: E buildings and estates; E infrastructure; E construction clients; E local government E housing; and E externally-funded demonstrations. Information on demonstration projects can be found at www.constructingexcellence.org.uk/resources/ demonstrationprojects/default.jsp.

Built on a reclaimed site of a former sewage works in Sutton, The Beddington Zero Energy Development (BedZED) is the UKs largest carbon-neutral ecocommunity. BedZED is a mixed-use, mixed-tenure development of 100 dwellings, the aim of which was to demonstrate sustainable living within the urban environment. Features include: high-density housing maintaining amenity levels, office space reducing commuting, energy efficient design with renewable energy, a transport plan for residents/businesses, and water saving and recycling measures. www.peabody.org.uk/media-centre/case-studies/bedzed.aspx

7.3 Further References


DCLG (2003) Sustainable Communities: Building for the Future. Sustainable Development Commission (2007) Building Houses or Creating Communities? ODPM (2005) Sustainable Communities: People, Places and Prosperity. Mayor of London and Sustainable Development Commission for London (2005) A Sustainable Development Framework for London. BREs Green guide to Specification www.bre.co.uk/ greenguide/

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8 Environmental Issues
8.1 Context and Issues 8.1.1 Strategic Policy Framework
Relevant legislation and policy material includes: E European Community Directive 96/61/EC on Integrated Pollution Prevention and Control (IPPC Directive) http://ec.europa.eu/environment/air/pollutants/stationary/ ippc/index.htm E The Birds Directive (79/409/EEC 2 April 1979) http://ec.europa.eu/environment/nature/legislation/ birdsdirective/index_en.htm E The Habitats Directive (92/43/EEC 21 May 1992) http://ec.europa.eu/environment/nature/legislation/ habitatsdirective/index_en.htm E The Ramsar Convention (2 February 1971) www.ramsar.org/pdf/lib/lib_manual2006e.pdf E Pollution and Prevention and Control (England and Wales) Regulations 2000 www.opsi.gov.uk/si/si2000/20001973.htm E Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 www.opsi.gov.uk/si/si1999/19990293.htm E Wildlife and Countryside Act 1981 www.opsi.gov.uk/si/si2004/20041487.htm E Wildlife and Countryside (Service of Notices) Act 1985 www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1985/ cukpga_19850059_en_1

8.1.2 NLUD Sites in London: Environmental Issues


Previously published material concerning NLUD sites made limited direct connection between site characteristics and environmental data. Limited analysis of environmental constraints and London Brownfield sites was carried out by the LDA in its Brownfield Sites Review Stage 1: Key Findings report published in January 2007 (available at www.lda.gov.uk/upload/pdf/Brownfield_sites_ review.pdf). Using NLUD 2005 Mixed Vintage Data and Flood Risk data from the EA, the stage 1 report broadly determined that a third of Londons brownfield sites were located in flood-risk areas.

Environmental Characteristic
Within Flood Zone (Type 3) Site includes a Grade II Listed Building Within Protected Vista Within (or partially within) Green Belt Within Metropolitan Open Land Within Flood Zone (Type 3) Site includes a Grade II* Listed Building Site includes a Grade I Listed Building Site includes or overlaps SSSI Site includes or overlaps AONB Within 250m of known landfill Within a Special Area of Conservation

% sites covered
28% 7% 5% 4% 2.5% 2% < 1% 0.5% < 0.2% < 0.2% < 0.1% < 0.1%

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The London Brownfield Sites database (www. londonbrownfieldsites.org/Content/home.aspx) holds a wider range of information relating to the built and natural environment, gathered principally from stakeholders. This enables more detailed analysis to be carried out regarding site and area characteristics that affect Londons Brownfield land. In terms of environmental information, the London Brownfield Sites database holds data on flood-risk contours, landfill sites, listed buildings (Grade I, Grade II and Grade II*), protected vistas, and nature designations such as Sites of Special Scientific Interest (SSSI), Areas of Outstanding Natural Beauty (AONB), and Special Areas of Conservation (SAC). The GIS system is able to calculate which sites overlap with which environmental characteristics, and this information is presented in the ~table above~. Similar information which can be overlain over brownfield sites exists for transport infrastructure, London Plan geography and administrative boundaries to name a few. Further analysis using the database around site and area characteristics that affect brownfield land can be found at www.londonbrownfieldsites.org/Content/actionplan.aspx.

8.2 Good-Practice Examples


Whilst some brownfield sites do not lend themselves to redevelopment, a creative approach can transform them into valuable community and ecological assets. Schoneberger Naturpark in Berlin is an 18-hectare brownfield nature reserve located between two heavily used railway lines. It was previously identified as a possible location for a new railway yard but, following a habitat survey, it was awarded statutory protection in 1999 as a Nature Protected Area (equivalent of UK SSSI). The site had lain disused for almost 50 years, during which time a process of self-regeneration had occurred. The reserve has successfully combined the needs of nature and the public to become a popular retreat. Access and movement are controlled in the most sensitive areas and industrial features have been retained to highlight the sites history. The use of art also enhances the experience without detracting from its primary role as a nature reserve.

8.1.3 Planning Policy


Planning and Climate Change (Supplement to PPS1) Whilst PPS1 encourages the redevelopment of brownfield sites, in selecting land for development, planning authorities are also directed (within paragraph 24) to take into account several factors relating to the potential impacts of climate change on the suitability of sites for development, namely: E the extent to which existing or planned opportunities for decentralised and renewable low-carbon energy could contribute to the energy supply of development; E whether there is, or is the potential for, a realistic choice of access by means other than the private car, and for opportunities to service the site through sustainable transport; E the capacity of existing and potential infrastructure (including, for example, water supply, sewage and sewerage, waste-management and community infrastructure such as schools and hospitals) to service the site or area in ways consistent with cutting carbon dioxide emissions and successfully adapting to likely changes in the local climate; E the ability to build and sustain socially cohesive communities with appropriate community infrastructure, having regard to the full range of local effects that could arise as a result of likely changes to the climate;

At Barking Riverside, current plans include extensive landscaping, development of riverside garden areas, and the creation of storage ponds intended to capture excess storm water and minimise drainage issues. At Thamesmead Tripcock Point, as part of the redevelopment, hydrology and drainage studies revealed a number of site considerations, which were subsequently incorporated into the masterplan. The importance of coordinated thinking and design was emphasised in order that measures taken in one area do not impact negatively elsewhere. Strategic, local and site-based Flood Risk Assessments can provide the basis for combined mitigation of potential impacts across new development.

Despite increasing land demand in London, local communities have campaigned successfully for the protection of brownfield sites that have important community and ecological amenities. Gillespie Park in Islington is a small, 2.8-hectare ecology park supporting a remarkable diversity of habitats and species, situated within a part of London notably deficient in wildlife sites. The park consists of a mosaic of created habitats. The park extension on former rail sidings is naturally established and unusually species-rich. Several plants occur in the Park that are very rare in central London. The park also supports a surprising diversity of birds and invertebrates for its location. The park has been designated as a LNR and SMI, and won a Green Flag Award again for 2007/08.

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Vacant sites that were previously the location of antisocial industry and activity can be reclaimed to add value and enhance the local environment. Wandle Meadow Nature Park in Colliers Wood was developed on the site of an old sewage-treatment works. It includes temporary water bodies, wet grassland and wet woodland, drier grassland developing over the old concrete surfaces, and scrub and woodland on debris mounds and beside the river. It provides a valuable habitat for wetland plants and animals, including some that are otherwise uncommon in the vicinity: Most of the nature park is a Local Nature Reserve.

E the effect of development on biodiversity and its capacity to adapt to likely climate changes; E the contribution to be made from existing and new opportunities for open space and green infrastructure to urban cooling and sustainable drainage systems, and conserving and enhancing biodiversity; and E known physical and environmental constraints on the development of land such as sea-level rises, flood risk and stability and take a precautionary approach to increases in risk that could arise as a result of likely changes to the climate. PPS9: Biodiversity and Geological Conservation PPS9 recognises the complexity of the relationship between the reuse of brownfield land and biodiversity and conservation. Whilst the reuse of brownfield land for new development reduces the use of countryside and undeveloped land, such sites often have significant biodiversity or geological importance. The relative benefits of these must be weighed up in the context of its redevelopment. PPS9 recommends that planning authorities and developers should incorporate valuable biodiversity or geological features into any new development on the site. PPS9 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ historicenvironment/pps9/. PPS9 also recommends the use of a non-statutory wildlife site designation system to protect important regional and local sites (i.e. below national importance), based on locally agreed criteria for evaluation. These should also include the most important sites for biodiversity. PPS9 also recommends that Regional Spatial Strategies include targets for the restoration and re-creation of priority habitats, linked to national goals. Consequently, the target for the priority habitat wasteland (broadly overlapping brownfield) included within London Plan Policy 3D.14 (biodiversity and nature conservation) is calculated as a proportion of this habitat within the London nonstatutory wildlife site system. See also www.london.gov.uk/ thelondonplan/maps-diagrams/table-3d-02.jsp. Related to PPS9 is the Natural Environment and Rural Communities Act 2006 which places a statutory duty on all public bodies to have regard to the conservation of biodiversity the Act can be accessed via www.opsi.gov. uk/acts/acts2006/ukpga_20060016_en_1. The means of discharging this duty is through having regard to Species, Habitat or Local Biodiversity Action Plans (see www.ukbap. org.uk/GenPageText.aspx?id=54). In London, Greenspace Information for Greater London (www.gigl.org.uk, formerly the London Wildlife Trusts

As well as dealing with brownfield land on a site-by-site basis, in areas with a high proportion of vacant brownfield land, approaching it from a strategic perspective can provide a more coordinated, long-term, approach. This will ensure that the need for new development land and environmental considerations can be balanced across a wider area. In this way the most appropriate use can be made of each area of brownfield land. Stratford Citys open space strategy accompanies a proposed new metropolitan centre for east London on 60 hectares of brownfield land in the Lower Lea Valley, where it is anticipated that 4,500 new homes could be built by 2015. The strategy aims to integrate the area into the Lee Valley Regional Park to extend habitats and fulfil metropolitan park functions; provide a network of continuous open spaces linked to pedestrian and cycle networks and the wider public realm; provide play facilities and recreational provision; preserve, manage and enhance principal ecological areas to provide rich and diverse ecological habitats. The open-space strategy establishes a hierarchy of open spaces, and also establishes a complementary role for private and communal spaces, exploring space typologies and how they relate to different residential densities.

The Greenwich Peninsula was originally made up of agricultural fields, marshes and even a large millpond. It became heavily industrialised from the late 1880s onwards, with gas/chemical works and a major shipbuilding yard. The Blackwall Tunnel, built in 1897, destroyed most of the remaining field and marsh. From the 1970s the Gas Works declined and marsh began to reappear on the site. The Peninsula is now one of Londons most important regeneration projects. As part of its comprehensive regeneration, the masterplan includes the restoration of parts of the riverbank and the creation of a two-hectare Ecology Park as a freshwater habitat, which forms the central focus for the Greenwich Millennium Village. A softer approach has been adopted towards flood risk: previous flood defences have been removed, and development at the edge of the Thames pulled back to create a new, terraced estuarine habitat, which both enhances the ecological and capital value of the area, while improving flood protection at a reduced outlay compared to what it would have cost to replace existing hard defences. www.englishpartnerships.co.uk/landsupplypublications.htm (Brownfield Guide, Case Study 8)

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Biological Recording Project) holds a wide range of datasets in relation to biodiversity including search and mapping facilities for members and partners in relation to plant groups and species and a whats in my back yard search facility through the National Biodiversity Network that is open to all. PPG14: Development on Unstable Land As land that has been developed previously, there is a risk of instability on some brownfield sites, with corresponding impacts on its suitability for redevelopment. Instability can be caused with or without the impact of development, and in some cases may only be triggered by new development. Local authorities are recommended to undertake physical surveys of land as part of the development plan process and to treat instability in the same manner as other planning constraints. PPG14 can be accessed via www.communities.gov.uk/ publications/planningandbuilding/planningpolicyguidance16. PPS25: Development and Flood Risk In identifying sites for development, PPS25 requires the application of the Sequential Test, in order to identify available sites in areas with the lowest probability of flooding that might be appropriate for the type of development or land-use proposed. Whilst those sites with the lowest flood risk should be given preference over those carrying a higher risk, where the Sequential Test fails to identify sufficient sites, an exception can be made E Greener London The Mayors State of the Environment Report E Air Quality Strategy E Biodiversity Strategy E Climate Change Action Plan E Water Strategy These can be found at: www.ukbap.org.uk/library/UK_BAP_ priority_habitat_descriptions_20080929.pdf. where the development at a higher risk of flooding would be on PDL. In light of the priority placed on development of PDL, PPS25 also encourages local authorities to take steps to lower the flood risk on brownfield sites vulnerable to flooding, in order to open them up for redevelopment. PPS25 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ planningpolicystatements/planningpolicystatements/pps25/. The Environment Agency flood risk contours are included within the mapping of the London Brownfield Sites Database (LBSD).

8.1.4 London Policy


Chapter 4A of the London Plan Climate Change and Londons metabolism sets out the overarching environmental policy framework for the Capital. Further policy guidance can be found in:

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The retention or enhancement of natural features can also pose major challenges to designers trying to integrate the needs of the environment alongside the demand for development. Redevelopment of a council estate on a flood plain in south London involved restoring and upgrading the Quaggy River in Lewisham, stretching from Sutcliffe Park to Lewisham Town Centre. The total scheme costs are estimated at around 11.8m, excluding consultancy fees. The aims of the programme were to open up the existing underground culverted sections, and naturalising the river became a part of the project. In doing so, part of the rivers route was altered to create a fishbowl at Sutcliffe Park with a capacity for water equivalent to around 35 Olympic-sized swimming pools, where water could collect before filtering back into the river. Additional collection provision at nearby sports fields is able to take floodwaters equivalent to 14 Olympic-sized swimming pools. This ensured that nearby properties would no longer be susceptible to flooding. Excavated materials were used at a land-reclamation site nearby for a new housing development. Implementing this type of innovative design required not only high-quality architectural and engineering input, but also building consensus amongst the various statutory and community stakeholders, and the scheme and associated planting has resulted in a higher quality environment with enhanced amenity and biodiversity levels. www.environment-agency.gov.uk/static/documents/ Business/casestudyrecreation_1514776.pdf

In February 2008, former Mayor Ken Livingstone published Supplementary Planning Guidance on the East London Green Grid Framework. In the context of wider regeneration efforts focused in East London, the aim of the Green Grid is to create a network of open spaces that connect with town centres, public transport nodes and the countryside in the urban fringe. The concept of the Green Grid should be defined and embedded in Local Development Frameworks (LDFs), and will in parallel be delivered through bespoke strategic projects. The SPG can be accessed via www.london.gov.uk/mayor/ strategies/sds/spg-east-lon-green-grid.jsp. London Plan Best Practice Guide 6 deals with biodiversity and offers advice for Boroughs on including policies on biodiversity within their Development Plans. It covers both development control policies specifically addressing biodiversity and also ways of addressing or having regard to biodiversity within other policy areas. See www.london. gov.uk/mayor/strategies/sds/docs/bpg_biodiversity_final.pdf.

8.1.5 London Context


Whilst the environment is everywhere, and carries a number of universal factors for policy makers and developers, discussions with stakeholders as part of the Brownfield Sites Review in London identified some important issues in the context of urban London brownfield sites: E Biodiversity: the need to consider at an early stage of planning for the reuse of brownfield land the various environmental policy priorities such as protection of named habitats for biodiversity. The Governments response to the National Brownfield Strategy Recommendations recognised the importance of the revised UK Biodiversity Action Plan list of priority species, including Open Mosaic habitats on Previously Developed Land. DEFRA is committed to work toward providing a clearer agreed definition of the habitat type, a list of species of conservation importance, a methodology to determine the extent of land falling within the definition, and developing an action plan for the habitat. London has a brownfield Habitat Action Plan within the wider London Biodiversity Action Plan (see www.lbp.org.uk). Early consideration of these issues can help to accelerate planning decisions conversely, poor (or non-existent) ecological information can be a source of delay in the planning system at the development management stage. This is a common issue with brownfield sites where stakeholders are often unaware of its potential value for rare and endangered wildlife. In particular, balancing and maintaining the biodiversity value of brownfield sites can be greatly enhanced through a phased approach to bioremediation which might involve leaving sites set aside and then built in stages that integrated the habitats into the site, keeping them as accessible green

Managing Drainage and Contamination Risks: Brookmill park, Lewisham In designing the extension of the Docklands Light Railway to Lewisham, consideration was given to routing to ensure minimal visual and development impact. The chosen route was a section of over-engineered channel as this minimised tree loss and had a relatively low visual impact. This provided the opportunity to divert the water flow from its concrete channel along a new course, converting it into a semi-natural river. The construction included lining the entire new channel with an impermeable lining to prevent contamination between the River Ravensbourne and the chalk aquifer below. Elsewhere, there is also scope to replicate but reverse this process to prevent surface water draining into contaminated aquifers.

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spaces with green corridors connecting them in turn providing amenity and green transport routes to local residents; E Flood Risk: similarly, the need to consider development on brownfield sites in terms of the avoidance of flood risk. In London, this is particularly important in assessing reuse of historic industrial areas and other brownfield sites close to the River Thames, with corresponding implications for flood risk and drainage management. Indeed, the use of SUDS systems that use natural features need to adequately address the risk of contamination from such former uses. This should be considered in conjunction with the wider increasing flood risk due to climate change and the effect of changing flood risk contours (as prepared by the Environment Agency) on development feasibility. Interactive flood maps can be accessed online via www.environment-agency.gov.uk/homeandleisure/floods/ default.aspx; E Green Infrastructure: the opportunity presented by brownfield land to integrate environmental and green infrastructure. Green infrastructure is concerned with delivering multifunctional green space (in keeping with policy priorities such as the Green Grid SPG, see www. london.gov.uk/mayor/strategies/sds/docs/spg-east-longreen-grid-08.pdf) through contributions to biodiversity, flood risk management, water quality, and urban heat island effects. This is in addition to the social, health and economic benefits associated with quality green space. E Contamination: the effect of and dynamic between both land-values and contamination levels in determining the most feasible and/or beneficial land use. On a like-for-like basis the remediation level (costs, permissions and licenses) required for, say, a decentralised energy plant is likely to be lower than for residential uses or for a public building such as a school or college. E Viability, Land Uses and Amenity: Where the cost of treating contamination is felt to be prohibitively high, brownfield land could be retained and used as an ancillary or supporting site, perhaps providing a place for renewable energy generation, or as a way of addressing PPS9 requirements for retaining, mitigating and compensating unavoidable biodiversity losses. For London, with its comparatively higher land and development values, the challenge is in resolving the conflict and sustainable balance between maintaining brownfield sites as valued areas of open space and informal community assets against development pressures for housing and employment uses. Good development schemes will include a high quality open space provision. www.environment-agency.gov.uk/ research/planning/33750.aspx

8.3 Further References


CIRIA Sustainable Drainage Systems (SUDS) www.ciria.org/suds/ SUDS Working Party Advice Note Brownfield Sites www.sepa.org.uk/water/water_publications.aspx Institute of Civil Engineers www.ice.org.uk/homepage/index.asp DEFRA (flood forum) www.floodforum.org.uk Environment Agency www.environment-agency.gov.uk Association of British Insurers www.abi.org.uk TCPA (Case Study) Stratford City Brownfield District Open Space Strategy www.tcpa.org.uk/biodiversitybydesign/3-1-cs2.htm European Soil and Water Management Portal www.eugris.info/ Greenspace Information for Greater London (GiGL) www.gigl.org.uk/ Buglife All of a Buzz in the Thames Gateway. (project providing planners with tools to identify brownfield biodiversity early on) www.buglife.org.uk/conservation/currentprojects UKBAP (UK Biodiversity Action Plan) Priority Habitat: Open Mosaic habitats on Previously Developed Land. www.ukbap.org.uk London Biodiversity Partnership Brownfield Habitat Action Plan www.lbp.org.uk Wildlife Trust Wasteland Habit Action Plan: Urban Wasteland. www.wildlifetrust.org.uk/urbanwt/ecorecord/bap/html/ urban.htm Blackredstarts UK Biodiversity Action Plan and Other Conservation Frameworks. www.blackredstarts.org.uk/pages/plancontext.html

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9 Design
9.1 Context and Issues
The design of the built environment, incorporating architecture, landscape architecture and urban design, style, use of materials, context, form and massing has always been one of the most critiqued aspects of urban planning. Testament to its importance is the multitude of institutions and practitioners involved in urban design and the many documents, books, policies and journals that address the issue. The numerous organisations and public bodies championing good design include the Department for Communities and Local Government, Design for London, the Commission for Architecture and the Built Environment, the Urban Design Alliance and the Urban Design Group, the RIBA, RTPI, and RICS.

as one of the fundamental objectives of the planning system. Relevant policies at the local level often appear in local planning authorities Core Strategies, Area Action Plans, and Supplementary Planning Documents, particularly SPDs specifically addressing design. Good design is, nonetheless, largely subjective. The Planning and Compulsory Purchase Act 2004 (available at www.opsi.gov.uk/acts/acts2004/en/ ukpgaen_20040005_en_1) states that applications for planning permission must include a statement about the design principles and concepts that have been applied to the development with a statement about how issues relating to access to the development have been dealt with (Section 42, Parts 5A and 5B). Together these have become the Design and Access Statements required as a part of planning applications. The 2004 Act built upon numerous references made to design in Government policy and other influential documents, such as PPG 1 from the late 1980s and its revisions, which said that Good design can help promote sustainable development; improve the quality of the existing environment; attract business and investment; and reinforce civic pride and a sense of place. It can help to secure continued public acceptance of necessary new

9.1.1 Guidance and Legislation


Design has steadily been moving to the forefront of considerations upon which decisions about the built environment are made, and Planning Policy Statement 1 (PPS1) in 2005 went as far as to state that Good design ensures attractive, usable, durable and adaptable places, and is a key element in achieving sustainable development. Good design is indivisible from good planning. This enshrines the importance of good design

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development (PPG1, 1997, Para 15). Moreover, it stated that local authorities should reject poor designs, which may include those inappropriate to their context, for example those clearly out of scale or incompatible with their surroundings (PPG1, 1997, Para 17). It asked that local authorities not concern themselves with matters of detailed design except where such matters have a significant effect on the character or quality of the area (PPG1, 1997, Para 18). London Supplementary Planning Guidance (SPG) on Sustainable Design and Construction can be found at www.london.gov.uk/mayor/strategies/sds/sustainable_design. jsp and covers the use of design as a way to optimise use of land and buildings while maximising amenity.

9.2 Good-Practice Examples


At the Lots Road Power Station in Chelsea, even though the site required much remediation after its industrial past, the mixed-use scheme as approved has responded to being near the historical building and to the Thames. The development is for a mixed-use scheme that will create a new village to connect the neighbourhood with development on the other side of Chelsea Creek. The proposal included around 800 apartments (47 per cent affordable), with some commercial and retail space, and a comparatively generous public space proposal. The development is comprised mainly of two glass towers of 37 and 25 storeys, with focus elsewhere on the retention and conversion of the decommissioned power station building. www.cabe.org.uk/default.aspx?contentitemid=985 and www.terryfarrell.co.uk

9.1.2 Design Renaissance


The original 1999 report of the Urban Task Force (Towards an Urban Renaissance) raised the bar, saying that new urban developments, on brownfield or greenfield land, must be designed to much higher standards if they are to attract people back into our towns and cities and that priority should be given to high architectural standards and to the design of public spaces between buildings where people meet and move about. (Summary DTLR release, under designing the urban environment). It encouraged the use of spatial masterplans, the production of detailed, comprehensive development briefs by local planning authorities, and using competitions to encourage better design. In 2005 the Urban Task Force released a further independent report, Towards a Strong Urban Renaissance, which again placed design at the forefront and included recommendations for achieving high standards, arguing that too many delivery agencies focus on site delivery rather than quality of design. The 2005 report again recognised the importance role of brownfield land. Pressure for development can provide important opportunities to recycle and reuse brownfield sites, including tackling contamination, improve environmental standards and enhance rather than diminish our natural and cultural heritage (Urban Task Force Report, 2005, p12). The report affirmed its support for brownfield development over greenfield development. It also included numerous recommendations for brownfield development, such as: E agreeing a vision for growth areas based on strengthening existing urban areas; E exploiting all opportunities for an urban renaissance by taking a brownfield first approach; E increasing the share or new building on brownfield sites across the country to 75 per cent;

Similarly, Argents Kings Cross Central project, redeveloping the railway lands north of Kings Cross, is taking advantage of the historic and listed buildings on the site to create a sense of place that would not exist otherwise. The development of the site has historically proved challenging: split by the Regents Canal, to the north are disused railway lands, and to the south is land in between St Pancras and Kings Cross stations containing several listed buildings. The site masterplan sees retention of a nature reserve, gas holder triplet, Great Northern Hotel and German Gymnasium, with a boulevard linking the south to a mix of uses in the north including a Sainsburys building, 2,000 homes (44 per cent affordable) and a University of the Arts London campus for up to 5,000 students. The Kings Cross Central project is also an excellent example of the private sector working together with the local planning authority to overcome long-standing challenges. www.argentkingscross.com

Greenwich Millennium Village was the first of English Partnerships Millennium Communities. The site had been a gasworks and incorporated contaminated land, was progressively remediated and redeveloped using bestpractice technology aiming to achieve high standards in sustainable design, and was the first such development in Britain to be rated Excellent under the BREEAM EcoHomes standard. It shows how high standards in design can be achieved through joint public-private working.

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Advice for both Developer and Local Planning Authority More recent publications include the DETR/CABE By Design (2000) and the Urban Design Compendium (2000) and Urban Design Compendium 2 (2007). These explore design in great detail. By Design provides an introduction to the techniques and considerations practitioners should address in thinking about design, while the Urban Design Compendium 2 includes an excellent explanation of the roles of policies and frameworks for design, quality in design, and delivery. CABEs Protecting Design Quality in Planning (2003) is a brief guide meant to help planning authorities ensure design is considered throughout the planning process.

E drawing on local community views with compulsory historic and landscape value assessments; E raising density standards to a minimum of 40 dwellings per hectare; E increasing investment in green infrastructure and open spaces in growth areas; E extending the Code for Sustainable Buildings to all new housing developments; E supporting innovation in environmental infrastructure; E placing an energy efficiency obligation on developers; and E recognising the huge energy and recycling potential of existing homes. The 2005 report of the Urban Task Force, Towards a Strong Urban Renaissance, can be viewed at www. urbantaskforce.org/UTF_final_report.pdf.

Living Roofs and Walls Published in February 2008, the Technical Report on Living Roofs and Walls covers green roofs, roof terraces and roof gardens. The policy aims of green roofs are identified as helping London adapt to climate change, improving the Citys energy balance and reducing CO2 emissions, reducing the urban heat island effect, enhancing amenity value, conserving and improving biodiversity, and improving storm water run-off rates. The report includes nine case studies, and addresses perceived barriers to implementation. www.london.gov.uk/mayor/strategies/sds/docs/ living-roofs.pdf LB Barking & Dagenham: Green Roofs Planning Advice Note 1 Adopted as a Planning Advice Note and therefore active in determining planning applications the note aims to encourage developers to build green roofs. The note outlines the technology behind green roofs, and their benefits. The design advice covers both designing for amenity and for biodiversity, whilst considering issues such as run-off, maintenance, cost, and access. www.barking-dagenham.gov.uk/8-leisure-envir/planning/ pdf/green-roof-part-1.pdf

9.1.3 Current Issues


A major challenge that has been identified, specific to brownfield redevelopment, is the loss of employment land for other uses. The change from employment land to residential use is a serious issue that should be considered carefully when bringing forward difficult brownfield sites. This can occur when allowing mixed-use development on land primarily allocated for employment, when the mix of uses includes a significant residential component. This presents a challenge for planners, since such development is normally in accordance with guidance that encourages mixed-use developments, and also since the development is providing employment uses in keeping with the site or area designation. In gathering sites and site attributes for the London Brownfield Sites Database, the experiences of Borough officers involved in the work was that there was increasing pressure on employment sites for housing and/ or mixed-use developments. Upholding residential design standards can also be challenging in the context of the need to provide affordable housing. In April 2005, the Department for Communities and Local Government (DCLG) and English Partnerships launched the Design for Manufacture competition, challenging the house-building industry to create a sustainable, well-designed, good-quality home for a construction cost of 60,000. The Lessons Learnt Report (available via www.englishpartnerships.co.uk/ qualityandinnovationpublications.htm) identified a number of positive responses to the challenge. The challenge was relatively successful in penetrating the London property market, with a flagship scheme in Rowan Road in Merton considered to be a design success, illustrating how homes can be designed to high environmental performance with

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maximum internal comfort, while contributing positively to streetscape (more details can be found at www. urbandesigncompendium.co.uk/rowanroadmerton). However, the delivery of this project is currently uncertain due to the recent economic downturn in both credit and housing markets. The Housing Corporation, in its Design and Quality Strategy (www.housingcorp.gov.uk/upload/pdf/ Design_and_quality_strategy.pdf), illustrates the public sector response to developing affordable housing on sites as part of mixed tenure developments. In reality this is delivered principally through Registered Social Landlords, which are not public- sector bodies, although they can derive much of their capital from the Homes and Communities Agency, which is a public body. In many cases pollution, existing infrastructure in the form of roads, railways, and utilities (for example, water and sewerage mains) not only contribute to blighting sites and preventing their redevelopment in the long term, but also create substantial design challenges. In addition, brownfield sites in built-up urban areas often suffer from being overlooked from adjoining properties, which further compound the challenges to creating an acceptable scheme. This applies particularly at the smaller scale and outside of Central London, as it is these sites that are most often tackled by developers unwilling to invest in high-quality architecture and design. The result can be poor design from teams that attempt to hold planning authorities to ransom with the argument that a badly-designed development on a long-term brownfield site is better than no development. This echoes the fears expressed by the Urban Task Force in its 2005 report, quoted above. Key to ensuring that the best possible design outcomes are achieved is early pro-active engagement by local authority planners with development teams, with insistence on the quality of design brought to the forefront in discussions before plans have been set in stone. It is easier to achieve good design standards by building consideration for design in from the outset than through later negotiation. Several authorities have found that involving CABE as a third-party critical friend to help guide the design of developments on brownfield sites can also have a catalytic effect on developers. As well as involving CABE, it should also be recognised that part of the design process is understanding, valuing and sustaining the historic environment. Guidance offered includes advice on tall buildings (see www.english-heritage.org.uk/upload/pdf/CABE_and_ English_Heritage_Guidance_on_tall_buildings.pdf), looking at Buildings in Context (see www.cabe.org.uk/#1), and the Building in Context Toolkit for new development in historic areas (see www.building-in-context.org/documents/ toolkit.pdf).

9.3 Further References


English Partnerships Urban Design Compendium www.urbandesigncompendium.co.uk/ Design for London www.designforlondon.gov.uk/ C. A. Brebbia and . Mander, eds (2006). Brownfield Sites III: Prevention, Assessment, Rehabilitation and Development of Brownfield Sites. WIT Press. CABE/DETR (2000). By Design: Urban Design in the Planning System. www.communities.gov.uk/documents/planningandbuilding/ pdf/158490.pdf CABE/DTLR (2001) Better Places to Live by Design: A Companion Guide to PPG3. www.communities.gov.uk/publications/planningandbuilding/ betterplaces CABE (2003). Protecting Design Quality in Planning. www.cabe.org.uk/publications Matthew Carmona (2001) Housing Design Quality: Through Policy, Guidance, and Review. Taylor & Francis Deborah Gans and Claire Weisz, eds (2004). Extreme Sites: The Greening of Brownfield. Academy Press. Punter, John and Carmona, Matthew (1997). The Design Dimension of Planning. Taylor and Francis. Urban Task Force (2005). Towards a Strong Urban Renaissance. www.urbantaskforce.org/UTF_final_report.pdf. Urban Design London www.urbandesignlondon.com

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London Brownfield Sites Review 10 Public Realm


10.1 Context and Issues
Public realm is the publicly accessible space between and within buildings. This includes streets, squares, rights of way, parks and those public-private spaces to which the public has been given access. It should ideally be considered as part of the wider issue of urban design, and the policies, guidance, and actors relevant to the discourse of design are all relevant to delivering improved public realm. By definition, numerous users experience public realm, and so concepts of shared space are important balancing needs of different users. policy emphasis on development on brownfield sites rendered some layout guidance overtaken. The Manual for Streets is a technical document meant to guide the design of streets, particularly residential streets. The manual does not specifically refer to brownfield land, but does stress that a quality place needs to take account of local distinctiveness. Taken together, these documents bring the focus of street design back from their function as the purely the locus of movement to their function as places. CABE has published several documents that address the public realm. Land in Limbo, published in 2008 (and available at www.cabe.org.uk/AssetLibrary/11601.pdf) is particularly useful in considering effects of the public realm on brownfield sites development (and vice versa), as it deals specifically with bringing derelict or vacant land into use as short-term public realm. It lists as obstacles: complex and confusing land ownership; reluctance to encourage short-term public use; the ease of doing nothing; fear of anti-social behaviour; rigid land-use planning; lack of joined-up thinking; inflexible funding; and low expectations. It also provides answers and guidance for overcoming these obstacles. The Manifesto for Better Public Spaces (2004) is another CABE publication championing the public realm (available online at www.itsyourspace.org.uk/downloads/ CABESpacemanifesto.pdf). It includes a good discussion of the economic value of public space, which is vital to convincing developers to concentrate on public realm considerations when redeveloping brownfield land. It also touches on health, crime, biodiversity, benefits for the young and old, and the way in which movement between public spaces can be improved.

10.1.1 Design Advice


While design guides such the Urban Design Compendium and By Design address public realm as part of wider urban design principles, other publications more specifically address it. Those with specific reference to streets, include: E CABE Paving the Way (2002) www.cabe.org.uk/AssetLibrary/2025.pdf E DCLG Better Streets, Better Places (2003) www.communities.gov.uk/publications/ planningandbuilding/betterstreetsbetter E DfT/DCLG Manual for Streets (2007) www.dft.gov.uk/pgr/sustainable/manforstreets/ Paving the Way began the process of re-examining the functions of streets and streetscapes, and of reclaiming streets for pedestrians and other non-automobile users. Better Streets, Better Places recommended that the Manual for Streets be produced, recognising that the

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Most recently, CABE published Public Space Lessons: Adapting Public Spaces to Climate Change (available at www.cabe.org.uk/AssetLibrary/11637.pdf). Whilst stressing that there is no one size fits all solution, through research, adequate resources, engagement and good design, quality public spaces can be provided. The TCPA published a guide on a similar topic Climate Change Adaptation by Design. It grades measures to manage climate risk as no regrets, low regrets, and win-wins, and provides numerous practical case-study examples of design changes that can be effected. The key message is that adaptation is an essential component of truly sustainable development, and that adaptation is needed now because the climate is already changing. The report can be accessed at www.tcpa.org.uk/pages/projects-policy.html). These documents go some way to addressing the fact that public realm is often an unfortunate afterthought in the redevelopment of brownfield land. However, public realm issues, along with those of ecology, environment and archaeology should be at the forefront of the design teams considerations. This is especially important in densely developed urban areas, prevalent in London. Only in this way can the developer and the local authority be assured that the effective and efficient reuse of land is being achieved fully. Some brownfield sites have been difficult to redevelop because of poor public realm, and incorporating improvements to or creating new public space in plans for schemes can prove too costly. Public realm itself has an intrinsic economic value in the way it contributes to perceptions about an area, the desirability of an area, and the ability to navigate to and through an area. Developers appreciate these aspects of public realm and plan accordingly the developers reach is not confined to the footprint of a building.

10.2 Good-Practice Examples


Improvements to Kensington High Street are an example of a major improvement in public realm provision and the removal of barriers. In this case, the local authority adopted forward-thinking shared-space design principles that turned the orthodoxy regarding separation of road users on its head, removed railings and pedestrian crossings, and placed bicycle racks in the central reservation. Following the remodelling of the street, accident numbers dropped, and the initiative has won several awards. The most recognisable characteristic of shared space is the absence of street clutter such as conventional traffic signals, barriers, signs and road markings. This encourages motorists to slow down, engage with their surroundings and make eye contact with pedestrians resulting in a high quality and more usable street area, with enhanced road safety. Shared Space is a European project that is part of the Interreg IIIB-North Sea programme which aims to develop new polices and methods for an integral approach of the planning of public space (see www.shared-space.org). www.rbkc.gov.uk/exhibitionroad/shared.html

The More London Riverside development on the south bank of the Thames incorporates several new public squares, an upgraded riverside walk, an open-air amphitheatre, new pedestrian routes, and a number of large office buildings with retail and leisure, as well as Londons City Hall and the Unicorn Theatre for Children. More than half the development at ground level is open space; vehicular circulation is entirely through a series of tunnels, leaving the above-ground areas to pedestrians.

10.1.2 Implementing Advice


At a national level, there is clear recognition that Government appreciates the positive potential of combining brownfield redevelopment with public realm amenity. Within the Governments detailed response to English Partnerships recommendations for a National Brownfield Strategy (available from the DCLG website via www.communities.gov.uk/publications/planningandbuilding/ securingfuturebrownfield), paragraph 20 states that Through positive strategic planning, the use of brownfield land can achieve multiple benefits: reducing flood risk; enhancing the public realm; and encouraging biodiversity. Other national initiatives include the Arts Councils Percent for Art, which seeks contributions (usually one per cent of the capital building works value) towards public art in public places, based on the recognised importance of public art in the design of positive public places. The scheme has been run successfully abroad, and within the UK is relatively standard amongst NHS hospital

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In Lewisham, where there is a need to develop footfall to support town centre regeneration, consultation showed that there was a high level of fear of crime, even though crime statistics showed the fears to be unfounded. The local authority is responding by creating a north-south linear park route that goes into the town centre, supported by an Area Action Plan focused on urban design and making more amenable spaces. Current improvement proposals include a boulevard-type road with planting, seating areas, and public conveniences, which would be supported by the redevelopment and extension of the existing centre. Here, the success of brownfield redevelopment will be intimately related to the success of improving public realm, lowering the fear of crime and creating a friendlier set of public spaces.

developments. Within planning, however, this approach is much more widespread through the use of planning obligations, also known as Section 106 agreements. English Heritage has been championing investment and enhancement of the public realm through the publication a series of documents including the Streets for All Guidance (see the regional manuals at www.helm.org. uk/server/show/ConWebDoc.5287) and Practical Case Studies (a search engine for case studies is available at www.helm.org.uk/server/show/nav.19730), which sets out clear guidance on how to improve the quality of Londons public ream and historic environment. Local authorities can ensure that developers incorporate better and more public realm into their proposals. Supplementary Planning Guidance for tariffs and Section 106 agreements are vital to getting public-realm improvements into designs for developments from the outset, and existing planning documents setting out the requirements for contributions to public realm give clarity and a level playing-field to developers. Formulas or tariffs can be set to leverage funds from planning gain into public realm, for example by equating the number of people who will live in a residential development to numbers of benches in nearby parks, and requiring the developer to fund increased provision. Public realm strategies and frameworks, such as those published by the London Boroughs of Southwark and Croydon, are helpful tools as well to give developers clear and useful guidance regarding expectations. And the newly-inked agreement between the Westminster City Council and Grosvenor (see www.westminster.gov.uk/ transportandstreets/strategy/grosvenor.cfm) may provide a useful guide to unlocking capital for investment in the public realm in partnership with developers. The Council has set aside part of its business rates rebated from Central Government (a windfall based on recent economic growth) to fund works to improve visual amenity, usability, character and popularity of streetscape. Grosvenor will reimburse the council in full once the schemes they are developing nearby are completed. In many cases, local authority officers have found it important to increase permeability in the urban landscape in order to open up access to parks or other open spaces adjoining brownfield sites. This has an impact on the design of the scheme but can also rehabilitate the brownfield site, as well as upgrade the nearby existing public realm or open space. One such scheme was adjacent to a small open space on the edge of a north east London town centre. It had been in use as a car park, is triangular in shape, and was virtually landlocked with only a small vehicle access. The site is coming forward for redevelopment as a primary school, which includes open space and play areas. The design

Finance can be a barrier to public realm delivery. CABEs Paying for Parks details eight funding models specifically targeted at providing urban green spaces, although many of the principles could be applied to other public realm aspects.

Stratford City redevelopment Redevelopment of the Stratford City brownfield site incorporates passive systems and design solutions where possible to provide comfortable working and living environments. The detailed master planning of Stratford City aims to create a comfortable, safe microclimate that contributes to delivering successful outdoor spaces. The developments Site-wide Strategy for Microclimate recognises the need to counteract the Urban Heat Island using, for example:

E faade materials that absorb less solar heat; E plants in open areas to provide shade; and E open water features to cool the air.
More info: www.futurestratford.com (sourced from www.tcpa.org.uk/pages/projects-policy.html (Case Study p21))

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process linked the existing open space with the schools open space, so that even though they are two sites, separated by a palisade fence there is a greater feeling of openness. There is also access on both sides for the public in a way that they are protected from the adjacent road by earth-mounding and planting, improving the perceptions of pedestrian safety within and around the small site. However, gaining improvements to public realm can involve many actors, including the normal range of statutory consultees, the management of which can be important in unlocking large-scale urban design challenges with different interests. For example, transport advice might help to improve road safety and legibility at the expense of fear of crime concerns for pedestrians. Different interests are not necessarily competing with each other, but may be pulling in different directions. In the case of smaller brownfield sites, where there is comparatively little flexibility at the edge or around sites, this presents a considerable challenge.

10.3 Further References


English Partnerships (2006) Car Parking: What Works Where www.englishpartnerships.co.uk/ qualityandinnovationpublications.htm#carparking CABE/ ODPM (2002) Paving the Way. www.cabe.org.uk/AssetLibrary/2025.pdf CABE (2004). Manifesto for better public spaces. www.cabe.org.uk/AssetLibrary/2021.pdf CABE (2006). Paying for Parks: Eight models for funding urban green spaces. www.cabe.org.uk/AssetLibrary/8899.pdf CABE (2008). Land in Limbo: Making the best use of vacant urban spaces. www.cabe.org.uk/AssetLibrary/11601.pdf CABE (2008) Public Space Lessons: Adapting Public Space to Climate Change. www.cabe.org.uk/AssetLibrary/11637.pdf DCLG (2003). Better Streets, Better Places. www.communities.gov.uk/documents/planningandbuilding/ pdf/158268.pdf TCPA (2007) Climate Change Adaption by Design. RAP, Oldham. www.tcpa.org.uk/pages/projects-policy.html DfT (2007) Manual for Streets. www.dft.gov.uk/pgr/sustainable/manforstreets/ pdfmanforstreets.pdf RUDI Looking for new strategies for creating a successful public realm. www.rudi.net/pages/16919 LB Croydon. Public Realm Strategy www.croydon.gov.uk/ LB Southwark. Public Realm Strategy www.southwark.gov.uk/uploads/file_32549.pdf Arts Council (1990) Percent for Art: Report to the Steering Group

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London Brownfield Sites Review 11 Heritage and Archaeology


11.1 Context and Issues
English Heritage (EH) is the Governments statutory adviser on the historic environment, reporting through the Secretary of State for Culture, Media and Sport. Relevant aspects of its remit cover financial assistance and grants to others, direct conservation and intervention, and responding as a statutory consultee to planning applications. The work of EH covers existing structures/ sites, through conservation areas and listed buildings, and the heritage at risk register (encompassing the former buildings at risk register), and the register of historic parks and gardens). It also includes previous structures/ sites, such as archaeological priority areas and zones, exploration and preservation, and registered battlefields. Spanning these are world heritage sites, and scheduled and ancient monuments. Beyond English Heritage, local authorities have resources invested in managing locally listed buildings, conservation areas appraisal and resources such as local history/studies centres.

11.1.2 Defining the Historic Environment


It is important that the historic environment is broadly defined; all designated historic assets and their settings should be considered to be part of the definition, together with potential impacts on non-designated features of local historic or archaeological interest and value. Both sets can make an important contribution to creating a sense of place and local identity. This includes buildings, historic open spaces, historic features, other archaeological sites, local listed buildings, parks, historic landscapes/townscapes, and wider landscapes/ townscapes and potential, as-yet unrecorded archaeology.

11.1.3 Conservation Principles, Policies and Guidance


Published in April 2008, this document sets out English Heritages approach to making decisions on and managing all aspects of the historic environment. It also sets out six high-level conservation principles: E the historic environment is a shared resource; E everyone should be able to participate in sustaining the historic environment; E understanding the significance of places is vital; E significant places should be managed to sustain their values; E decisions about change must be reasonable, transparent and consistent; and E documenting and learning from decisions is essential. The principles are intended primarily for use by EH, in guiding both the management of its own estate and its advice to others. It is hoped, however, that they will also be used by all those concerned with managing the historic environment, and those proposing and influencing change, such as developers, their agents and amenity societies. See www.english-heritage.org.uk/server/show/ ConWebDoc.13556.

11.1.1 Main Legislation


E Planning (Listed Buildings and Conservation Areas) Act 1990 www.opsi.gov.uk/acts/acts1990/Ukpga_19900009_en_1 E Ancient Monuments and Archaeological Areas Act 1979 www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1979/ cukpga_19790046_en_1 E The Heritage Protection Bill www.culture.gov.uk/reference_library/publications/5075. aspx E Circular 01/2001: Arrangements for Handling Heritage Applications Notification and Directions by the Secretary of State www.communities.gov.uk/publications/ planningandbuilding/circulararrangements E Circular 01/2008: The Compulsory Purchase (Inquiries Procedure) Rules 2007 www.communities.gov.uk/publications/ planningandbuilding/compulsorypurchaserules

11.1.4 PPG15: Planning and the Historic Environment


Many brownfield sites may contain historic features such as listed buildings or ancient monuments. In heavily urbanised areas, such as much of London, where many forms of development have taken place over many centuries, brownfield sites may include unseen, or underground, features and artefacts of archaeological significance. The Government requires that all aspects of the historic environment, both built and natural, are protected within the context of new development. Whilst the protection or incorporation of historic elements into new developments can present

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a challenge, PPG15 emphasises that the principles of sustainable development and conservation can complement each other historic buildings, for example, represent a valuable existing resource that be put to good and innovative use, both for business and residential occupation, thus securing their protection while facilitating social and economic prosperity in the local area. PPG15 can be accessed via www.communities.gov.uk/ planningandbuilding/planning/planningpolicyguidance/ historicenvironment/ppg15/.

The policies and procedures set out in PPG15 are reinforced in practical terms by Circular 01/01: Arrangements for Handling Heritage Applications Notifications and Directions by the Secretary of State (available via www. communities.gov.uk/publications/planningandbuilding/ circulararrangements). English Heritage is the day-to-day agent for the Secretary of State (for example, from April 2005 EH has been responsible for the listing system) and advice must be sought when proposals are being prepared that affect any statutory designation from either the borough conservation officer/team and/or from English Heritage.

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11.2 Good-Practice Examples
Build as a mental asylum in 1890, the closure of the Claybury Hospital, in Rebridge, in 1996 triggered detailed discussions between English Heritage, the area health authority and the London Borough of Redbridge. A co-authored strategy resulted in a new residential development in a mixture of refurbished historic building and carefully designed new-build elements. The final scheme included over 500 luxury houses, 390 luxury apartments and a health / fitness club and swimming pool in the former communal buildings. Here heritage was an asset and selling point creating value in the end-form. www.helm.org.uk/server/show/conCaseStudy.21

English Heritage publishes regional profiles (www.english-heritage.org.uk/server/show/ ConWebDoc.4740 for London), and regular newsletters (www.english-heritage.org.uk/server/show/ conWebDoc.3574) entitled Changing London. Its website also includes a search facility to look up heritage elements (such as listed buildings, historic houses and gardens) across the region, which is available via www.englishheritage.org.uk/server/show/nav.8549.

11.1.5 Tall Buildings


Published jointly by CABE and EH in July 2007, this guidance sets out how both organisations will evaluate proposals for tall buildings and offers advice on good practice. The Government has endorsed this guidance as a material consideration in the determination of planning applications and it is therefore a key document of national importance. See www.english-heritage.org.uk/upload/pdf/CABE_and_ English_Heritage_Guidance_on_tall_buildings.pdf.

The redevelopment of the area adjacent to Kings Cross railway station has been a long-running saga of failed schemes and delays. English Heritage, together with P&O Developments as the developer and other stakeholders, have successfully brought about a comprehensive redevelopment of the Regents Quarter block. The original plans involved clearance of the whole block, but, following work commissioned by English Heritage to show how refurbishment of existing buildings could create a better space, the scheme was altered and the new development combines new living and work space, shops, bars and a hotel and replaces 630,000 sq ft (about 58,500 sq m) of redundant industrial buildings. www.regentquarter.com/retail_masterplan.html

11.1.6 Brownfield Development


Heritage assets can often serve as a means to add value to a site. Listing of an existing building can add both tangible value and prestige. Since Listing can sometimes relate to only part of a building (usually the exterior, but occasionally interior features of note), it does not prohibit development (listing is not intended to fossilise or mothball a building), but sets the design context for reuse. Within the EH publication Regeneration and the Historic Environment: Heritage as a Catalyst for Better Social and Economic Regeneration, see www.helm.org.uk/upload/pdf/ Regeneration_and_the_Historic_Environment_2005.pdf, EH outlines the reasons why reusing heritage assets is at the heart of sustainable development: E reusing existing buildings is a simple way of achieving sustainability; E reusing buildings and adapting landscapes helps reinforce a sense of place; E new large-scale developments risk losing the fine grains that characterises historic areas; E reused buildings can often be sold for a premium compared to similar new-build property; E restoring the historic environment creates jobs and helps underpin local economies; E an attractive environment can help to draw in external investment as well as sustaining existing businesses of all types, not just tourism-related ones; E the historic environment contributes to quality of life and enriches peoples understanding of the diversity and changing nature of their community; E historic places are a powerful locus for community action; and

With a clear policy steer towards intensification and redevelopment across the Thames Gateway, English Heritage (along with local partners) undertook a Strategic Characterisation Survey of the entire region. This survey will provide a framework for landscapes, built heritage and buried archaeology in order to inform emerging planning policy and site-specific development proposals across the Thames Gateway region both inside and outside of London. www.english-heritage.org.uk/upload/pdf/thamesgateway_ tagged.pdf; www.english-heritage.org.uk/upload/pdf/Final_report_ textonly.pdf; and www.helm.org.uk/upload/pdf/GPp11_20.pdf.

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E the historic environment has an important place in local cultural activities. EH concludes the points by adding that mixed use, high-density, human-scale historic neighbourhoods are a model for new sustainable communities (p4). Across London are a large number of nationally significant buildings that have fallen into disrepair and disuse. Such buildings are recorded on English Heritages register of heritage at risk, and many are in public ownership. At a time when public agencies are under increasing pressure to deliver additional employment space and extra housing, complemented by appropriate social infrastructure, the potential contribution of at risk buildings should carefully be considered. Archaeology is also increasingly seen as a site asset rather than a barrier; problems can be overcome sensitively with appropriate alterations to design or construction techniques, such as vaulting over archaeological remains. In London, English Heritage has the role of providing advice on planning for archaeology on brownfield sites. This advice is provided by the Greater London Archaeology Advisory Services (GLAAS). GLAAS is part of the English Heritage London Region, working with London Boroughs and Developers to make archaeology accessible to people who visit, live and work in the capital. Advice is also available from the Museum of London Archaeology service (formerly known as MoLAS). The key to managing archaeological issues for brownfield development in London is to consult GLAAS as early on as possible, to obtain an initial appraisal of the archaeological potential of a site. This should be done before remediation or any other site works that might affect either buildings or any remains below ground. E an understanding of the area; E a strong vision for the future; E an integrated sustainable approach; E a respect for what already exists; E early discussions between the community, the local authority and other interested parties; E a respect for local residents and businesses; E a tangible link with the past; E a record of the area before work starts; E achieving the right pace; and E the highest-quality design and materials.

11.3 Further References


English Heritage Heritage Works: the use of historic buildings in regeneration a toolkit of good practice. www.english-heritage.org.uk/upload/pdf/Heritage_Works.pdf Historic Environment - Local Management (HELM) (an English Heritage led project providing information, guidance and training) www.helm.org.uk Heritage Counts www.english-heritage.org.uk/hc/ The National Monuments Record Centre, Swindon www.english-heritage.org.uk/server/show/nav.1530 Museum of London Archaeology (formerly known as MoLAS). www.museumoflondonarchaeology.org.uk/English/ MAGIC interactive web-based mapping bringing together EH, DEFRA, Natural England, EA, Forestry Commission and DCLG data www.magic.gov.uk/ SPG: London View Management Framework www.london.gov.uk/mayor/strategies/sds/spg-views.jsp Greater London Archaeology Advisory Service (GLAAS) www.english-heritage.org.uk/glaas English Heritage (Newsletter) Changing London published quarterly. English Heritage (2004) Capital Solutions: Modern Conservation in London. English Heritage (2006) Capital Values: the Contribution of the Historic Environment to London English Heritage (Newsletter) London Region Archaeology published annually. English Heritage (2006) Shared Interest: Celebrating Investment in the Historic Environment

11.1.7 Regeneration Checklist


Within its Growing Places and Regeneration and the Historic Environment publications, English Heritage provides a regeneration checklist, which, whilst aimed towards development in the Thames Gateway, seems universally applicable to heritage redevelopment on brownfield land in London. It includes the following common lessons for regeneration:

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London Brownfield Sites Review 12 Transport


12.1 Context and Issues
The Department for Transport (DfT) has overall responsibility for transport in England and aims to deliver strategic objectives which include sustaining economic growth, improving the environmental performance of transport, strengthening the safety of transport and enhancing access to jobs, services and social networks. The DfT provides leadership for a range of regional, local and private-sector partners, which includes Transport for London (TfL).

12.1.1 London Context


Created in 2000, TfL, which ispart ofthe Greater London Authority Family, is the integrated body responsible for Londons transport. The main role of TfL is toput the Mayor of Londons Transport Strategy into action and manage the capitalstransport services. TfL is accountable for both the planning and delivery of transport facilities. Across London there are numerous brownfield sites where poor transport infrastructure provision or poor public transport accessibility is a barrier to redevelopment. Public transport accessibility is measured by Public Transport Accessibility Level (PTAL) contours such as those used within the London Plan see www.london. gov.uk/thelondonplan/maps-diagrams/ map-2a-03.jsp). Public transport accessibility is particularly important in London since 38 per cent of London households do not own a car, compared with only 23 per cent of households across Great Britain as a whole. As such, the feasibility or success or a brownfield site can be greatly influenced by transport. Current and emerging transport links (such as Crossrail, Riverside transit schemes and DLR extension) are included within the GIS layers of the London Brownfield Sites Database. Proposed routes and links, such as Crossrail, could have a profound effect on the ability of sites to be recycled in light of changing accessibility levels. the costs associated with some key, place-shaping schemes are significant and are often not affordable when set against the business plans of individual developments. Additionally, securing improvements needed to meet the cumulative impact of a number of developments has not been very successful with the result that many developments cause an impact but the necessary transport infrastructure has to be provided by the transport authorities. Since Section 106 contributions do not always fully mitigate the full impact of development, substantial public investment is still required. There is scope to better use contributions from smaller developments to improve transport accessibility, particularly as brownfield land in London often occurs in clusters. Standard charges and pooling funding from several developments for the provision of transport infrastructure can have a positive impact on the provision of infrastructure to support new developments. Methodologies using formulae and standard charges to secure developer contributions towards transport infrastructure are not widespread in London, although a number of London Boroughs have now produced supplementary planning documents on developer contributions which are a useful

12.1.2 Delivering London Policy


The London Plan and Mayors Transport Strategy make it clear that all new developments in the city must be accessible by all transport modes. However, although a location might be highly accessible, there may not be the spare capacity to accommodate any significant new development. Investment in the physical infrastructure to provide for the future movement demands of new population has been, and will continue to be, negotiated through Section 106 contributions although across London as a whole such funding only provides a small proportion of the overall investment in major transport schemes, with the main elements coming from central government (DfT and DCLG), and PFI and TfL revenue streams (PFI, and other funding streams are explored in more detail in Section 16). A number of boroughs have helped establish good practice in ensuring that new developments fund improvements to the transport system necessitated by the demand they generate, these tend to be large brownfield sites redeveloped for mixed-use purposes. However,

Docklands Light Railway

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medium through which to set out what is expected in terms of transport provision. London Boroughs that have placed a high priority on ensuring adequate transport provision before developing brownfield sites have been able to provide accessible developments. Emerging borough LDFs generally recognise that the regeneration of some areas may be hindered unless the public transport infrastructure can be upgraded to cope with planned development and local residents are able to travel to work using alternatives to the private car. Partnership working between London boroughs and transport operators is key to improving transport provision in order to bring forward brownfield sites for development. Transport strategies are required to reflect the Mayors statutory documents, and so local authorities, developers and other stakeholders should look to maximise development opportunities of planning funded transport infrastructure improvements.

12.2

Good-Practice Examples

Colindale is a north London suburb that has an adverse reputation as a deprived area; it is not a popular choice for those looking to relocate or visit in an otherwise affluent borough. As such, Colindale has some of the largest development opportunity sites in Barnet. One of the key physical-infrastructure requirements identified in Colindale was the replacement of two existing restrictive masonry underbridges with two modern structures to establish Aerodrome Road as the gateway access into the Colindale Development Area. The LB Barnet was successful in obtaining DCLG Growth Area funding to help with bridge works and an LDA grant paid for road-lowering. The project significantly improves public transport accessibility and permeability within the area, as well as minimising delay to local traffic movements to and from the strategic road network. Increased transport capacity will unlock a minimum of 2,400 new residential units and assist in a further delivery of 1,600 units in later phases. The new bridges were critical in creating a gateway to the area and in establishing an area identity. Movement will be improved through better transport links and the proposed introduction of bus routes previously not possible due to height restrictions, and enhancements to pedestrian and cycle travel. The use of underdeveloped brownfield sites will assist in the regeneration of the Colindale area and unlock secondary brownfield sites for further development. The scale of residential development will require local education, retail and leisure uses to be established and consolidated. The improvements to access afforded by the bridge replacements enable this additional development to be sustained. Replacing the existing bridges also brings more on-street activity to this corner of the development area and helps create a unique character. www.barnet.gov.uk/press_releases.htm?id=1642

12.3 Further References


Strategic Planning In London - GOL Circular 1/2000 Transport for London (2005) Improving Workability. Mayor of London Further Alterations to the London Plan. www.london.gov.uk/mayor/strategies/ sds/further-alts/docs.jsp Mayor of London (2001) Mayors Transport Strategy. www.london.gov.uk/mayor/strategies/ transport/index.jsp Mayor of London and Transport for London (2006) Transport 2025: transport vision for a growing world city. English Heritage Streets for All Guidance www.helm.org.uk/server/show/ ConWebDoc.5287 English Heritage Transport and the Historic Environment. www.helm.org.uk/server/show/ nav.005001002001

Langdon Park is a new Docklands Light Railway Station between the existing All Saints and Devons Road DLR stations. The location of the station opens up a number of regeneration opportunities on brownfield sites in the east end of London. The location also increases access to public transport for thousands of Tower Hamlets residents and local businesses. The station is likely to act as a catalyst for regeneration in the local area by encouraging new commercial and housing developments. Langdon Park station is next to the planned Chrisp Street residential development to the west, which now connects to its surroundings via the stations pedestrian footbridge. The station is a good example of how Community Infrastructure funding can be put towards regenerating an area; the project has been funded by the Department for Communities and Local Government, Leaside Regeneration and the London Borough of Tower Hamlets in recognition of the significant benefits and opportunities it will create. www.tfl.gov.uk/corporate/media/newscentre/archive/6816.aspx

Barking Riverside is the UKs biggest brownfield regeneration site, where 10,800 new homes will be built over the next 15-20 years. Key to this new development is the new transport link provided by the Docklands Light Railway to ensure regeneration builds genuinely sustainable communities, knitted into the existing fabric of the borough and with easy access to the rest of the Thames Gateway, Canary Wharf and Central London. The London Borough of Barking recognised that a rail connection was vital to deliver the proposed density, so it lobbied both the Government and the GLA to support the extension because without the rail extension only 4,000 homes could be built. At the current time, however, the DLR extension to Dagenham Dock remains unfunded. www.barkingriverside.co.uk

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London Brownfield Sites Review 13 Legal Agreements


13.1 Context and Issues
Planning obligations (also referred to as planning or Section 106 agreements) are legally binding private agreements made between local authorities and planning applicants. They are generally used to secure monies or require works to mitigate the negative impacts of a development, to make them acceptable in planning terms. Issues covered by S106 include, for example, provision of affordable housing, public transport services, public-realm enhancements, new infrastructure such as roads, or financial contributions for employment and training. for additional infrastructure to be provided to serve the development in order to make it acceptable in planning terms, and the local authority may wish to provide this infrastructure itself. It is for the local authority and other public sector agencies to decide on the balance of the contributions carried by the public sector bodies and the private developer. However, the question of whether or not an obligation is valid and material is ultimately a matter for the Courts. In several instances, the Courts have held that planning obligations that go beyond the policy tests nevertheless meet the statutory requirements of the 1990 Act and are therefore still valid and material. In London, councils have adopted SPDs dealing with Planning Obligations. These planning documents help local authorities to develop standard legal agreements and set out clear formulae for seeking planning obligation contributions, including additional social infrastructure required from new developments. It is good practice to request that a draft heads of terms of an agreement is discussed at pre-application stage, is submitted with an application, and forms part of the validation of that application. In July 2008, the Town and Country Planning Association (TCPA) published guidance entitled Planning Community Needs, looking at effective Section 106 agreements and Statements of Community involvement. It suggests, amongst other conclusions, that the prospects for tripartite agreements granting community groups a statutory place at the negotiating table over conditional consent agreements should not be ruled out. It also stressed the need for a sound evidence base to charging arrangements and that those arrangements could cover community infrastructure and cultural aspects as well as the typical areas such as education and affordable housing. The report can be viewed at www.tcpa.org.uk/pages/projectspolicy.html.

13.1.1 Conditions or S106


Local planning authorities will, in most instances, attach conditions to a planning permission, giving reasons for each one. These usually confer minor requirements upon a scheme, ranging from restricting hours of operation and use of specific materials, to minimum floor-space requirement for specific uses. If conditions cannot be used to secure the necessary improvements then a planning obligation will be used. Planning obligations were originally introduced under section 106 of the Town and Country Planning Act 1990 and now substituted by sections 46 and 47 of the Planning and Compulsory Purchase Act 2004. See www. opsi.gov.uk/Acts/acts2004/ukpga_20040005_en_6#pt4-pb6.

13.1.2 Guidance on Implementation


Circular 05/2005 (see www.communities.gov.uk/documents/ planningandbuilding/pdf/147537.pdf) provides principles on using and devising planning obligations, and sets out policy tests on reasonable use. These confirm that it is only reasonable to seek a planning obligation if what is sought (or offered) is necessary from a planning point of view in order to bring the development in line with the objectives of sustainable development. The obligation must be directly related to the proposed development and fairly and reasonably related in scale and kind to the development. It is acknowledged that, in some instances, it may not be feasible for a proposal to meet all the requirements set out in local, regional and national policies and still be economically viable. Notwithstanding this, it may still be in the local interest to bring the development forward, for example to meet an identified need or the objectives of the spatial strategy. In such instances, it may be necessary

13.1.3 Community Infrastructure Levy (CIL)


The Community Infrastructure Levy (CIL) will be a new charge which local authorities in England and Wales would be empowered, but not required, to levy on most types of new development in their areas. The aim is for planning authorities to be able to secure monies for community infrastructure from landowners who may have benefitted from development. CIL charges will be based on simple formulae that relate the size of the charge to the size and character of the development paying it. The proceeds of the levy will be spent on local and sub-

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regional infrastructure to support the development of the area. The Government published a policy document on CIL in August (see link below). Consultation on draft regulations will take place in spring 2009 and the regulations will not be made before October 2009 In November 2008, CLG published an impact assessment (www.communities.gov.uk/documents/planningand building/ pdf/1082819.pdf) that examined how the CIL might affect LPAs and developers in terms of estimated costs and benefits. Overall it is expected that the CIL will have the following advantages over the current system of planning obligations: E Simplicity: CIL is expected to take the form of simple standard charges, for example, pounds per square metre of floorspace or pounds per dwelling. E Predictability: CIL charging schedules will be published, and developers will be able to readily predict the size of their potential liability, perhaps months or years in advance of development. This is important for helping developers to plan ahead for economic recovery. It will also speed up the planning process. E Transparency: Draft CIL charging schedules will be subject to consultation with local stakeholders and developers, and they can only be adopted after an Examination in Public, involving independent testing by an examiner with appropriate qualifications and experience. The Act provides powers to require CIL charging authorities to monitor the use of CIL and provide regular reports. This will increase community involvement, and remove the problem with planning obligations of developers negotiating deals with local authorities behind closed doors. E Fairness: CIL will be levied on most types of new development in a local authority area, thus broadening the range of developments being asked to contribute something towards local infrastructure. The Government believes it is fair to ask those receiving a benefit from development which local authorities allow to share some of that gain with the wider community. By broadening the range of developments asked to contribute, the flow of contributions to a local authority becomes less lumpy and much more predictable over time. (p7) Reforming Planning Obligations: the Use of Standard Charges (www.communities.gov.uk/archived/publications/ planningandbuilding/reformingplanningobligations). As part of the consideration of the ways in which a standard charge might be devised and implemented, it also sought views on the fundamental role of planning obligation policy in bringing forward brownfield land for development. The report started from the premise that: In high value areas the cost of charges or planning obligations is being passed back to landowners, depending on the value of the prevailing existing use and the amount of surplus value generated by the development scheme. Greenfield sites can absorb higher charges than brownfield as a rule. (para 1.31). This initially indicated a potential mismatch whereby S106 levels might be lower on brownfield sites than on greenfield sites. Whilst good in incentivising the policy aims, it does not take account of the actual estimated costs of providing the necessary infrastructure for such sites. This was developed further by a consultation in December 2005, released in conjunction with the 2006 Pre-Budget Report (see www.hm-treasury.gov.uk/d/ pbr05_planninggain_449.pdf in particular Chapter 4). It was predominantly focused around scoping out the potential role for the CIL then termed the Planning Gain Supplement, as an evolution to the consideration of standard charges examined by the 2004 report. The consultation said that: Government may want to consider the operation of a (substantially) lower rate for housing development on brownfield land, and the possibility of varying rates in other circumstances, e.g. for areas where there are particular housing growth strategies, or where other social or environmental costs may arise; (Box 1.1). The alternative position was almost discounted completely: An alternative basis for the levy would be to use only the value of the site immediately after full planning permission had been granted. This approach could be simpler to administer because only one valuation would be needed, but is less attractive because it would not solely capture the uplift and could place an unfair burden on brownfield development land. (Para 2.9) In December 2006, DCLG issued another consultation paper on potential changes to planning obligations (available at www.communities.gov.uk/corporate/). However,

13.1.4 Section 106 Agreements and Brownfield Land


In October 2004, DCLG published a report on

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13.2 Good-Practice Examples
brownfield land and the consideration of differential charging based purely on site costs or policy aspirations over a direct link between cost of infrastructure works and cost levied, does not appear. The Governments response to the Communities and Local Government Committees Report on the Planning-gain Supplement (see www.communities.gov. uk/documents/housing/pdf/152930.pdf) highlighted the strength of opposition to this: BROWNFIELD SITES Recommendation 22. We are not persuaded by the case for discounts against or exemptions from PGS liability in respect of developments on brownfield land. (Paragraph 46). The Government consulted on whether a lower rate of PGS should be applied to brownfield land and many respondents suggested that because lower values associated with brownfield sites would be reflected in PGS valuations, a lower brownfield rate would not encourage regeneration. At 2006 Pre-Budget Report, the Government accepted this assessment, but will continue to examine this issue and whether other instruments could better create incentives for regeneration, such as a more targeted Land Remediation Relief tax credit.

English Partnerships, the Advisory Team for Large Applications (ATLAS) and the Housing Corporation in 2007 published a research report, Cascades: Improving Certainty in the Delivery of Affordable Housing for LargeScale Development. The report explores the extent to which mechanisms such as cascade agreements (one that includes options for varying the quantity, tenure and mix of affordable homes over the lifetime of a large scheme) can help improve the affordable housing delivery via S106 agreements. The report makes several recommendations based on detailed case-study work, including the need to optimise certainty for the local authority and flexibility for the developer in a collaborative, robust and evidence-based negotiating environment drawing upon an accurate housing-market assessment. Cascades are most appropriate in cases where affordable housing-demand cannot be met without public subsidy. One case study used is The Wixhams New Settlement in Bedfordshire, comprising 4,500 homes in four villages. Here, the affordable housing provision is governed on a village-by-village basis in a way that identifies affordable housing parcels and a release programme with four options per provision and several trigger points. For the Southern Development Area in Swindon, 4,500 homes plus other uses are being delivered in such a way that the owner is to carry out a viability study prior to each application of a staged development. As each tranche of housing is consented, so a S106 agreement controls the level and nature of affordable housing allocated. The local planning authority is still able to request units to be built to Housing Corporation standards even for non-affordable rental units to safeguard future interests. www.englishpartnerships.co.uk/cascadesreport.htm

To overcome problems around shortages of land economy skills and expertise, the London Borough of Merton has employed specialist staff to assist in calculating the uplift in land values associated with proposed developments. This has enabled S106 negotiations with developers to take place on an equal playing field, so that the authority is also able to expertly anticipate the future value of land.

13.3 Further References


CLG (2008) The Community Infrastructure Levy. www.communities.gov.uk/archived/ publications/planningandbuilding/ communityinfrastructurelevy2. London Assembly Planning and Spatial Development Committee (2008) Who Gains? The Operation of Section 106 Agreements in London. Watson, J (2006) Understanding Planning Gain; What Works? Joseph Rowntree Foundation CLG (2006) Changes to Planning Obligations: A Planning-Gain Supplement Consultation. Land Restoration Trust (numerous examples of acquiring publically accessible open space through S106) www.landrestorationtrust.org.uk/

In 2003, planning permission was granted for the development of a 1.1-hectare, recently vacated, industrial site at Miles Road (near Mitcham) to provide 99 flats, a doctors surgery and 2,018 sq m of B1 business space. This followed the refusal of two previous schemes that did not provide sufficient or appropriate business space. The permission was subject to a S106 agreement including amongst other things a financial contribution in partial compensation for the loss of 90 per cent of the employment site to residential use, for initiatives related to the London Borough of Mertons economic policy. Although the business element of this mixed-use scheme will be tightly hemmed by the surrounding residential development, officers were able to negotiate substantial changes to the original design to facilitate its possible future use as an Incubator Centre. The S106 funding from this scheme (and others) has been used for the fitting out of the Mitcham Business Generator, local subsidised office and business training space.

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image source

14 Social Infrastructure
14.1 Context and Issues
London has excellent examples of social-infrastructure provision, with some of the best schools, hospitals and open spaces in the country. However, as planning policy directs growth to brownfield land, existing social infrastructure has become increasingly strained. For highdensity brownfield land development to succeed, social infrastructure must be planned for.

E A safe and healthy local environment with welldesigned public and green spaces; E Good-quality local public services, including education and training opportunities, healthcare and community facilities, especially for leisure. The SCP can be accessed via www.communities. gov.uk/communities/sustainablecommunities/ sustainablecommunities/. The London Plan (www.london.gov.uk/thelondonplan/ thelondonplan.jsp) has adopted policies to ensure sustainable development within London. In relation to social infrastructure the plan seeks to ensure that development takes account of the capacity of existing or planned infrastructure including public transport, utilities and community infrastructure, such as schools and hospitals. Policy 3A.15 of the London Plan Further Alterations states that: Policies in DPDs should assess the need for social infrastructure and community facilities in their area, and ensure that they are capable of being met wherever possible. These needs include primary healthcare facilities, childrens play and recreation facilities, services for young people, older people and disabled people, as well as

14.1.1 Planning Context


Strategic documents highlight the importance of social infrastructure to healthy and sustainable communities. At a national level the policy context is set out in PPS1 Delivering Sustainable Development and PPS3 Housing. Both documents outline the importance of community facilities and infrastructure to achieving sustainable communities. PPS1 states that planning authorities should seek to: Provide improved access for all to jobs, health, education, shops, leisure and community facilities, open space, sport and recreation, by ensuring that new development is located where everyone can access services or facilities on foot, bicycle or public transport rather than having to rely on access by car. The Sustainable Communities Plan (SCP) identifies that the key requirements of a sustainable community include:

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14.2 Good-Practice Examples
The guidance document Delivering Healthier Communities in London integrates health and wellbeing into the planning process through tests of soundness, and provides a policy framework, key principles and a selection of indicators to monitor health outcomes. The NHS London Healthy Urban Development Unit (HUDU) has developed a model that responds to the Governments sustainable communities agenda by enabling a full appreciation of need and comprehensive, costed planning of associated services and facilities prior to the development of new residential or mixed-use development. www.healthyurbandevelopment.nhs.uk/documents/ integrating_health/HUDU_Delivering_Healthier_ Communities.pdf

libraries, community halls, meeting rooms, places of worship and public toilets. Adequate provision for these facilities is particularly important in major areas of new development and regeneration. Policies should seek to ensure that appropriate facilities are provided within easy reach by walking and public transport of the population that use them. The net loss of such facilities should be resisted. At the sub-regional level, the Thames Gateway has its own Social Infrastructure Framework. The objective of the framework is to promote healthy, successful and sustainable communities across the gateway, ensuring that population and residential growth is accompanied by a supporting network of high-quality, accessible, and effective social infrastructure services and facilities.

LB Barking & Dagenhams Social Infrastructure Needs Assessment was initiated to provide the Council with a clear strategy for the development of social infrastructure in the borough by undertaking a review of local issues relating to the supply of and future demand for social infrastructure services. The framework covers a range of issues including: E Development sites E Ethnicity, religious profile and demographics E Revenue and land-value assumptions E Build costs of social infrastructure The framework will: E help underpin a crucial element in creating sustainable communities E enable service delivery agencies to better manage uncertainties in the development and forecasting process E provide a mechanism that identifies the social infrastructure required alongside new population growth

14.1.2 Issues in London


Social infrastructure provision is becoming an increasingly important issue in London. Housing intensification through development has put existing social infrastructure under an intensifying strain this applies to both brownfield and other sites, but is exacerbated on brownfield land where costs of development are typically considered to be higher, leaving less margin or planning gain for social infrastructure. Local planning authorities need to ensure that there is sufficient social infrastructure to serve the local population; however, problems with financing, land availability, and land ownership create conflicting and difficult circumstances for local authorities to deliver social infrastructure provision. Some local authorities have reported problems predicting housing growth and therefore social infrastructure requirements, especially with a fluctuating housing market. Local authorities with a Section 106 Planning Obligation SPD have benefitted from the structured framework provided by this document when delivering social infrastructure provision. It is important that local authorities policies regarding social infrastructure are flexible in the context of brownfield development. Planning authorities cannot rigidly plan for social infrastructure, unlike with greenfield sites, urban extensions or new towns. Rather, development may or may not happen where needed and land availability may cause problems. Building flexibility into policies enables local authorities to deliver successful social infrastructure in a fluctuating market or with changing circumstances. Site availability and ownership is an important consideration for local authorities when planning for social infrastructure. The delivery of larger social infrastructure projects for example, open spaces can be problematic for local authorities who may not have available land in suitable locations. The upgrading of existing infrastructure

Tower Hamlets Primary Care Trust was partner for the project to build a new Health Centre on the ground floor of a new mixed-use scheme at Ryans Yard, St Pauls Way in Poplar. The development was part of a wider masterplan to break down the barrier effect of St Pauls way, between two housing estates. (www.stpaulsway.org.uk) The new Health Centre replaced the existing Health Centre, which is too small for the growing population of the local area. The old site will be redeveloped. The new development, led by the Poplar Housing and Regeneration Community Association (HARCA, a Registered Social Landlord), will provide affordable housing (with a total housing build of 36 units). The health centre is over two floors, out of a total building height of 11 storeys, and will serve 10,500 patients. www.stpaulsway.org.uk/spw_final_brochure_ema.pdf

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and improving accessibility to the site can provide an alternative solution to providing new facilities. Some local authorities that do not have sufficient land to deliver the appropriate infrastructure are doing this to increase the reach and capacity of social facilities to support new brownfield development. is very important so that current and future demand is understood and therefore delivery can be more efficient. Improved partnership arrangements can help achieve this and create a more holistic approach to delivery, ensuring that it is provided where it is needed the most and where it will be most accessible. To successfully ascertain the current and existing need for social infrastructure, local authorities need to carry out comprehensive studies of their baseline position. The baseline position can then be used to accurately calculate future need dependent on proposed developments. If local authorities have difficulty resourcing these studies, outside consultants can be employed to carry out social infrastructure assessments and action plans.

14.1.3 Delivery Vehicles


There are dedicated delivery vehicles for the provision of new schools and hospitals; however, such vehicles do not exist for open spaces. Providing sufficient public open space in London is problematic for some boroughs where there is a shortage of available sites. Some local authorities are looking to new developments to provide open spaces, often through a Section 106 agreement. Management of such open spaces is often provided by the developers. Many London Boroughs have stated that pre-application discussions are vital for the delivery of successful social infrastructure through brownfield development and S106 agreements. Developers must engage local authorities at an early stage so that stakeholders can be engaged fully. In addition, it is vital that the local authority takes a strategic approach, supported by a needs assessment or social infrastructure framework. Some local authorities have stated that good communication between the council and service provider

14.3 Further References


DCLG (2005) PPS1: Delivering Sustainable Development. www.communities.gov.uk/planningandbuilding/planning/ planningpolicyguidance/planningpolicystatements/ planningpolicystatements/pps1/ DCLG (2006) PPS3: Housing. www.communities.gov.uk/planningandbuilding/planning/ planningpolicyguidance/planningpolicystatements/ planningpolicystatements/pps3/ Healthy Urban Development Unit (2007) Delivering Healthier Communities in London. www.healthyurbandevelopment.nhs.uk/pages/key_docs/ key_documents_hudu.html

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London Brownfield Sites Review 15 Skills, Interactions, Capacity and Consensus


15.1 Context and Issues
A number of government-funded bodies and professional institutes exist which seek to promote and improve the skills required by those who are integral to the redevelopment of brownfield skills (Sector Skills Councils see www.sscalliance.org). Included within this is the Homes and Communities Agency, including the Homes and Communities Academy (the former Academy for Sustainable Communities), Regional Centres of Excellence, Regional Development Agencies, the Planning Advisory Service (PAS) and numerous professional bodies such as the Royal Town Planning Institute (RTPI) and the Royal Institute of Chartered Surveyors (RICS). evaluation skills, and decision-making) that will make the difference between success and failure (p10), since they are needed to differing degrees and in varying levels by all those with a role in delivering sustainable communities. The Review considered there to be potential shortages of both types of skills sets looking forward, and some recommended a range of actions to boost skills and skills provision. The ASC used the work of the Egan Review (as well as numerous other sources) in compiling their Skills Evidence Base (www.ascskills.org.uk/download/General/ learning/Evidence_Base.pdf) and in assessing the extent, level and nature of the Skills Gap (www.ascskills.org.uk/ pages/research/mind-the-skills-gap) in skills required for building sustainable communities. The study found significant investment and progress has already been made by organisations in tackling shortages, but that labour shortages and skills gaps were widening. It also affirmed the Egan findings that multidisciplinary working and generic skills are essential to delivering sustainable communities.

15.1.1 Factors Affecting the Skills Needed in Development


The scale and nature of brownfield land and the locational context influence the skills needed to successfully redevelop a site. Issues needing to be addressed can be defined as physical, social or market, and regulatory constraints, all of which require diverse skills to resolve. Physical constraints may include a sites location, contamination, ground instability, or a lack of supporting infrastructure. The social context includes development pressure, possible public sector interventions, deprivation, unemployment, and/or workforce skills and availability. Regulatory constraints can include aspects such as long-term vacancy, flora and fauna protection, listed buildings, and archaeological finds or other similar protections. There may also be specific skill requirements associated with the method of redevelopment or end-use. In 2004, the Egan Review: Skills for Sustainable Communities (available online at www.communities.gov. uk/publications/communities/eganreview) examined the skills needed to deliver sustainable communities. Whilst the initial focus was on professional built environment skills, it became apparent that it was generic skills (such as project management, financial management, analysis/

15.1.2 Public & Private-Sectors Skills


Public-sector involvement occurs at a variety of stages of reuse, beginning during LDF site allocation or evidence gathering, such as NLUD or Strategic Housing Land Availability Assessments. LPAs therefore have significant knowledge of sites and their characteristics. Their involvement in the application process (pre-application discussion to discharge of conditions or reserved matters) is equally integral. The role of the private sector can be multi-faceted, and is greatly dependent on the nature of the project. Principally, a brownfield project may involve a variety of engineers, planners, surveyors, environmental scientists, landscape architects, social scientists, urban designers, economists and remediation contractors. Indeed, work carried out by the ASC suggests that this is also the case for the public sector in terms of in-house experience needed, be it within a local planning authority or a public sector agency. Consequently; cross-occupational working is integral for both sectors and both groups can come from more technical/professionally specialist backgrounds, or from more generic project management backgrounds.

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The degree of interaction between groups and skills sets can be high in the case of complex sites, and will require the use of project management and conflict resolution skills. Accreditation and quality control are also skills issues prominent to the reuse of brownfield land. In part, this relates to the increasing need for cross-occupational working and the need for a greater degree of provision of related accredited CPD opportunities.

15.2 Good-Practice Examples


North London Consensus Building North London Business is the LDA sub-regional partner for the Boroughs of Enfield, Haringey, Waltham Forest and Barnet, soon to include Westminster, Islington, Camden and Hackney. Funded by the LDA, Boroughs and the private sector it targets inward investment, business growth and retention. Underpinning this is a portal of commercial property for all commercial estate agents active in North London. Interaction between boroughs and the private sector allows a regional view of commercial opportunities, many of which are located on brownfield sites. www.northlondonbusiness.com

15.1.3 A London Skills-Strategy


In July 2008, the Mayor published London Futures (www. london.gov.uk/lseb/docs/london-futures-report.pdf), a skills and employment strategy for London covering 2008-13. The strategy examines the current evidence, and outlines a way forward to engage and work with employers, support Londons people and to create a fully integrated, customer-focused skills and employment system. The strategy recognised that the delivery of skills involved a number of overlapping organisations. The London Learning and Skills Council is on the Strategy Board, the Mayor is in dialogue with the relevant Government departments, and the LDA is also expected to contribute to delivery. There is also a focus on working at a grassroots level with local partners. The targets for the strategy include bringing about a substantial increase in the number of Londoners in sustainable work, and raising the skills levels of Londoners so they have the necessary skills to compete in Londons highly competitive labour market.

Homes and Communities Agency Graduate Development Programme The Homes and Communities Agency (HCA) is the national housing and regeneration agency helping the Government to support high-quality sustainable growth in England. Its role is to create opportunity for people to live in high-quality, sustainable places. It provides funding for affordable housing, bringing land back into productive use and improving the quality of life by raising standards for the physical and social environment. The HCA Graduate Development Programme represents good practice in professional development and the advancement of those skills needed to deliver brownfield regeneration projects. The programme structure (see flow diagram below) exposes participants, over the course of two years, to a number of public and private sector roles, in central and regional government agencies, registered social landlords and private practice consultancies. The Programme offers an excellent opportunity to gain knowledge of the regeneration sector and get hands on experience of delivering projects. It is a challenging scheme which will test participants abilities and develop the skills and knowledge necessary to succeed. www.englishpartnerships.co.uk/graduates.htm 9 months
Home Department English Partnerships Regional Team

15.1.4 A Strategy for Brownfield Skills


Whilst there are several definitions of what brownfield skills are and how they are different from traditional skills, it is difficult to establish a definitive meaning. Site conditions, contamination or instability are identifiable characteristics with relevant related skills-sets. The Draft Brownfield Skills Strategy published jointly between the ASC and EP defines brownfield skills to be skills needed to return brownfield land to sustainable beneficial use (www.englishpartnerships.co.uk/brownfieldskills.htm, p4). Attached to the definition are 33 occupations considered to be included within it. The only aspect of the definition questioned within the consultation was the need to stress protection of the wider environment. Focused more specifically on contaminated land, CL:AIRE (Contaminated Land: Applications In Real Environments, www.claire.co.uk) is an independent, not-for-profit organisation working to increase and disseminate knowledge and experience on working with contamination issues, offering free advice, more bespoke advice and project partnership opportunities.

E E

3 months
Housing Placement at a Registered Social Landlord or the Housing Corporation

E E

3 months
English Partnerships Regional Team different part of the country

E E

3 months
Regional Development Agency, Private Sector or other English Partnerships Corporate division

E E

6 months
Return to Home Department

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15.1.5 Managing Conflict, Interactions and Development
Regional Centres of Excellence (RCEs) address the development of skills and learning at the regional level, promoting skilful practice across all areas of sustainable communities and working with professionals to identify and help meet their skills and learning needs, provide a variety of events and courses tailored to the issues faced by brownfield practitioners. RCEs represent a valuable source of skills training provision. The West Midlands RCE, RegenWM, as part of their newly established Centre of Excellence in Land Reclamation see www.regenwm.org/activity/activity.asp?pid=31, ran a series of workshops between February and April 2008, which focused on brownfield land reclamation and concluded with a joint regional conference with the Institution of Civil Engineers (ICE). Another of the RCEs, RENEW Northwest, has also hosted and will host again this year a series of events and master-classes that relate to contaminated land, remediation and regional parks as regeneration programmes. The South East Economic Development Agency (SEEDA), English Partnerships (EP) and RELEMCOM (Reclaiming Land Empowering Communities) recently organised a workshop on Regional and Local Brownfield Strategies (www.relemcom.org). See also the ASC Evidence Base case study 3 (p28) in www.hcaacademy.co.uk.

The technical skills needed to return brownfield land to sustainable beneficial use are diverse, and end uses vary. As such projects require different skills-sets, there is an overriding need for strong, informed and technically aware management. Whilst generic project management skills are commonly identified as the most important skill in the delivery of a brownfield project, it is also important to ensure that project managers and other staff also have an appropriate skills-set in relation to the relevant development process and intended uses.

15.3 Further References


Academy for Sustainable Communities (2007) Mind the Skills Gap. www.hcaacademy.co.uk/whatwedo/mind-the-skills-gapresearch Academy for Sustainable Communities and English Partnerships (2007) Draft Brownfield Skills Strategy. www.englishpartnerships.co.uk/landsupplypublications.htm Academy for Sustainable Communities and English Partnerships (2008) Brownfield Skills Evidence Base. www.ascskills.org.uk/download/General/learning/Evidence_ Base.pdf. Regional Centres of Excellence: East of England Inspire East www.inspire-east.org.uk East Midlands Regeneration EM www.regenerationem.co.uk North West RENEW Northwest www.renew.co.uk North East Ignite www.ignite-ne.com South East South East Excellence www.southeastexcellence.co.uk South West Creating Excellence www.creatingexcellence.org.uk West Midlands RegenWM www.regenwm.org Yorkshire & Humberside Integreat www.integreatyorkshire.com

The draft EP/ASC Brownfield Skills Strategy is a new national strategy designed to increase the number of regeneration professionals, and improve brownfield skills levels in support of government aspirations to build three million new homes. The Brownfield Skills Strategy calls for cross-sector support and action to address a significant projected shortfall of housing and regeneration practitioners with the necessary skills to redevelop brownfield sites. www.hcaacademy.co.uk/theme/brownfield

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London Brownfield Sites Review 16 Development Finances and Funding


16.1 Introduction
Funding is often the determining factor of success in brownfield redevelopment; if the numbers stack up then development is viable. The challenge is delivering a package of support and investment in order that viability can be reasonably assured. Such support can draw upon a myriad and blend of funding sources and means, such as those outlined here. It is rare that a modern development draws solely upon one of these sources.

16.1.2 Private funding


Brownfield sites are often considered as more challenging or less viable sites based on the legacy of their previous uses. But private-sector investment is pivotal to unlocking other funds. Public investment exists to try and shoulder some risk from the free market and to encourage privatesector involvement.

16.1.3 PPP
A blend of civic and commercial interests, public-private partnerships today tend to manifest themselves in special-purpose vehicles specifically assembled on an area-by-area basis. Private capital investment is supported by the public promise of services through the Private Finance Initiative. www.local.communities.gov.uk/pfi

16.1.1 Mainstream funding


The simplest means of funding is often direct investment. Where there is market failure and a site is not coming forward, the public sector may acquire the site itself. It may then pump prime the site for sale with decontamination, or infrastructure provision or may undertake the entire development itself, balancing risk with reward. This is often seen as a last resort for the neediest of sites the kind of flagship projects that both the HCA and the LDA have previously been involved in via their site acquisition strategies.

16.1.4 Leverage/Match-Funding
Match-funding tries to optimise the overall funding offer by promising public funds to the same (or predetermined) level based upon private sector investment. At the national level in England, most match-funding initiatives draw down upon EU Structural Funding. www.berr.gov.uk/files/file12038.pdf The Local Regeneration Fund in Wales was strongly geared towards a matched funding approach. www.elwa.org.uk/ elwaweb/elwa.aspx?pageid=1454

16.1.5 European and Macro Funding


Funding from the EU is the largest single pot of regeneration funding in the UK, and is essentially divided into physical funds (ERDF), skills funds (ESF) and topicspecific funds (INTERREG, CULTURE etc). www.welcomeurope.com/

16.1.6 Targeted Funding


In the UK, the majority of targeted funds are area-based on national-level programmes delivered through AreaBased Initiatives (ABIs). Previous schemes have included City Challenge and the Single Regeneration Budget. Current schemes include the Neighbourhood Renewal Fund and the Single Community Programme. www.neighbourhood.gov.uk/page.asp?id=5 The LDA has a Targeted Funding Stream (TFS), currently covering the period 2008-11. Within the overall fund are streams directed at Innovation and Opportunity, which includes resources to increase the pace of development on publicly owned land, and also Empty Homes, which includes resources for bringing buildings listed with English Heritage back into use. www.london.gov.uk/mayor/ housing/investment/index.jsp

16.1.7 Tax Credits


image source

The UK Treasury also has a number of tax credits such as land Remediation Relief (150 per cent relief on qualifying expenditure) and Landfill Tax exemption. The current challenge for government is to make these measures

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16.2 Good-Practice Examples
When Hackney Greyhound and Speedway Stadium closed its doors in 1997, the future of this strategic site within the Thames Gateway was unclear and the site remained derelict. In December 2002, the LDA purchased the site and the site will now form a central part of the overall Olympic Stadium development. Following the Olympics the site is likely to pass into commercial use. Here, the LDA monies have effectively pump-primed the site in readiness for the Olympics which, following sale, should in turn generate a yield for the LDA and aid local regeneration. www.lda.gov.uk/upload/pdf/thamesgatewayfactsheet.pdf

incentivise specific project decision-making, rather than feature as an after-thought within company annual tax returns. www.hm-treasury.gov.uk/media/6/9/consult_ brownfieldresponse141207.pdf

16.1.8 Community Involvement


More recently, PPP initiatives have evolved to become public-private social partnerships (PPSPs) or public social partnerships (PSPs). They evolved to improve learning and efficiencies in service delivery and are beginning to be thought of as a suitable means for managing large regeneration projects. In the meantime, community involvement remains a central tenet to participation in the development process, and so in turn remains important in deciding the allocation of central and local public monies. www.4ps.gov.uk

The Lewisham Gateway project represents a real blend of funding sources. The development is led by a consortium including Muse Developments and Taylor Wimpey, and was appointed by the London Borough of Lewisham, the LDA, TfL and London Bus Services. Funding for the project included direct funding from the LDA, SRB regeneration funding and Council funding along with private sector developer input and transport provider investment all blended towards major redevelopment of a town centre brownfield site. www.newlewisham.com

16.1.9 The Credit Crunch and its Implications for London


Since July 2007, the Greater London Authority has been monitoring and assessing the impact of the credit crunch on Londons economy. It is widely acknowledged that the economy, and in particular the property and development markets, have experienced a downturn following a relatively affluent period from 2004 to 2007. The affluence was due to strong investment in property driven by private investment and the availability of cheap debt. The collapse of the US sub-prime mortgage market caused significant turbulence across global markets. In the UK, the financial sector has become tight with constrained interbank lending and a knock-on effect of falling property and land prices. GLA Economics, which is jointly funded by the GLA, TfL and the LDA, publishes periodic reports on the economic outlook for London. These are used to inform planning projections and policies. The most recent report (Autumn 2008, available from www.london.gov.uk/mayor/economic_ unit/docs/LEO-autumn-2008-web.pdf) forecast a slowdown in GVA growth to 0.8 per cent in 2008, and 0.2 per cent in 2009 before rising to 1.9 per cent in 2010 with employment patterns expected broadly to mirror this with contractions in 2008 and 2009 followed by stabilisation in 2010. Household spending is also expected to have two

Following on from the initial LDA investment in Hackney Wick, the Olympic Delivery Authority (ODA) has received around 50m of leverage capital financing from the European Investment Bank (EIB, the longterm lending bank of the European Union). The overall scheme design, construction and funding of the Olympic International Broadcast and Media Press Centres is expected to cost several hundred million pounds. Longerterm benefits and legacy uses form part of an overall regeneration strategy, included within the planning application. www.eib.org/projects/pipeline/

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years of decline followed by slow growth in 2010. The projections are based on an amalgamation of an in-house model and four sets of independent projections. In May 2008, GLA Economics published a report Credit Crunch and the Property Market which examined the potential impact of the credit crunch on the property and development markets. The report can be downloaded from www.london.gov.uk/mayor/economic_unit/docs/creditcrunch.pdf. The report demonstrates that the credit crunch is having a far-reaching impact on investment, development and occupational markets and that given the effect of the credit crunch on the wider economy is still unfolding, the result for property markets. is uncertain (p1). In an effort to better understand the national effect that the credit crunch might have on development, and specifically on housing growth and delivery, Communities and Local Government have convened an Inquiry into housing and the credit crunch (see http://news.parliament. uk/2008/12/housing-and-the-credit-crunch/). Evidence from stakeholders such as the RTPI, Regional Development Agencies and the Home Builders Federation can be viewed at www.publications.parliament.uk/pa/cm200708/ cmselect/cmcomloc/memo/housecredit/contents.htm.
This study Stage 2 of the London Brownfield Sites Review was made possible through collaboration between interested parties, and careful design of the study scope to ensure that each party benefited from the study. The Review has been jointly funded by the London Development Agency, the Homes and Communities Agency (originally as English Partnerships), with additional funding by Communities and Local Government: E The HCA was keen to explore and improve the quality of NLUD data across London. The review has looked at the existing returns, removed sites that should no longer be in NLUD, and supplemented NLUD with new and emerging sites. The website developed as part of the study will provide a means for ongoing entry and maintenance of the database. E The LDA was more directly interested in the attributes of identified brownfield sites, and so the Review has gone beyond the current NLUD data schema to capture some additional information on sites wherever possible. The website contains a mapping interface, which will assist in disseminating information and marketing the database and its sites. E The CLG funding for the study was ring-fenced to explore the extent of and information about sites within the North London Development and Investment Framework area. In particular the Review examined the extent to which the stock of brownfield land might include smaller sites beneath the NLUD threshold. Overall, from this funding the Review has produced this Guide, a database of around 2,500 brownfield sites of around 0.1 hectares and above with information recorded in addition to the NLUD data, a summary report outlining the findings and making recommendations for taking the database forward, and a website including a GIS mapping and search interface for displaying, maintaining and exporting brownfield site data. www.londonbrownfieldsites.org/Content/home.aspx

16.3 Further References


London Assembly (2005) Dereliction of Duty? A Report on Brownfield Development in London. www.london.gov.uk/assembly/reports/environment/derelictland.pdf LDA (2005) An Investors Guide to Brownfield Land. www.lda.gov.uk/upload/pdf/Brownfield_brochure.pdf HMRC and DCLG (2006) Evaluation of the Urban White Paper Fiscal Measures. www.hmrc.gov.uk/research/report16.pdf English Partnerships (2006) The Economic Impact of Recycling Brownfield Land. HMRC (2007) Tax Incentives for Development of Brownfield Land: A Consultation. www.hm-treasury.gov.uk/media/3/3/bud07_ taxincentives_256.pdf Davis Langdon Crosher & James Brownfield Incentives Update

The London Borough of Croydon and John Laing Projects and Developments combined in December 2008 to create the UKs first Local Asset Backed Vehicle (LABV). The 450m joint venture has resulted in the creation of a Limited Liability partnership with Croydon contributing from its land resource, and Laing contributing equity. Laing was chosen based on its proposals for four towncentre sites, which will eventually help to deliver around 1,250 dwellings and new council offices. Under the venture both parties will share profits equally. See www.croydon.gov.uk/democracy/councilnews and www.lgcplus.com/financeandcorporateservices/ news/2008/12/croydon_signs_pioneering_regeneration_ deal.html

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London Brownfield Sites Review 17 Glossary


AAP Area Action Plan. See LDF. ASC Academy for Sustainable Communities (now the Homes and Communities Academy). The skills and expertise arm of the Homes and Communities Agency (HCA). Tasked with improving the skills and knowledge of people who create and maintain communities. See www.hcaacademy.co.uk/. CIL Community Infrastructure Levy. Evolved from the proposed Planning Gain Supplement (PGS), the Community Infrastructure Levy (CIL) is a proposed fiscal tool for planning authorities to secure monies for community infrastructure from landowners who may have benefitted from development. The CIL will not cover affordable housing or site-specific development requirements, and authorities will be empowered (but not required) to use it on most types of development. Section 106 agreements will continue to be used for affordable housing. It is anticipated that regulations setting out how the CIL will operate will be issued by the Department for Communities and Local Government (CLG) and finalised towards the end of 2009. See www.communities.gov.uk/documents/ planningandbuilding/pdf/674479.pdf and www. communities.gov.uk/documents/planningandbuilding/ pdf/1082819.pdf and Section 13.1.3. Conceptual Site Model The Conceptual site Model (CSM) is a planning tool used to support the decisionmaking process managing contaminated land and groundwater on a large scale. The CSM organises available information about a site in a clear and transparent structure and facilitates the identification of data and information gaps. A CSM would, as a minimum, include: a description of site contamination concerns including potential receptors, an explanation as to how the site became contaminated, information on the variation in contamination across the site and whether or not the contaminants are moving or degrading, and initial consideration of the most appropriate or feasible riskreduction strategies. See www.eugris.info/FurtherDescription. asp?e=48&Ca=2&Cy=0&T= Conceptual%20site%20model. (D)CLG Department for Communities and Local Government. Government Department that sets policy for England on local government, housing, urban regeneration, planning, building regulation and fire and rescue issues. Also has responsibility for all race equality and community cohesion related issues. See www.communities.gov.uk. DEFRA Department for the Environment, Food and Rural Affairs. Government Department that sets policy for climate change, environmental protection, sustainable development, farming, marine & fisheries, exports and trade, food and drink, horticulture, plants & seeds, rural affairs, animal health and welfare, wildlife and countryside issues. See www.defra.gov.uk. DfT Department for Transport. Government Department that sets policy for transport across all modes of transport including road, rail, sea and air. Includes Executive Agencies covering driving standards, vehicle licensing and certification, vehicle and operator services, highways, and maritime and coastguard interests. See www.dft.gov.uk. DPD Development Plan Document. See LDF. EA Environment Agency. Public body responsible for protecting and improving the environment in England and Wales. Work includes flood protection, industrial emissions, hazardous businesses, resource consumption, looking after wildlife, amenity use of water, work with farmers, water restoration in cities, and taking action against those in breach of their environmental responsibilities. See www.environment-agency.gov.uk. EH English Heritage. The Governments statutory adviser on the historic environment. Officially known as the Historic Buildings and Monuments Commission for England, EH is an Executive Non-departmental Public Body sponsored by the Department for Culture, Media and Sport (DCMS). EH works in partnership with the central government departments, local authorities, voluntary bodies and the private sector to: conserve and enhance the historic environment, broaden public access to the heritage, and increase peoples understanding of the past. See www.english-heritage.org.uk. EN English Nature (now Natural England). Natural England was formed by bringing together English Nature, the landscape, access and recreation elements of the Countryside Agency and the environmental land management functions of the Rural Development Service. NE works towards the delivery of a healthy natural environment, a valued and conserved the natural environment, sustainable use of the natural environment, and a secure environmental future. See www.naturalengland.org.uk. EP English Partnerships (now the Homes and Communities Academy). Now part of the Homes and Communities Agency (HCA), English Partnerships was the national regeneration agency for England. It remains a non-departmental public body sponsored

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by Communities and Local Government (CLG). Priority work areas include: the 20 per cent most deprived wards in the country, coalfields, Urban Regeneration Company areas, areas of major housing growth, Housing Market Renewal areas, the Northern Growth Corridor, and strategic brownfield sites. See www.englishpartnerships.co.uk and www.homesandcommunities.co.uk. GIS Geographic Information Systems. GIS systems bring together mapping, data and model information to produce a tool for integrating spatially referenced information. GIS systems can display raw data on maps (such as roads, rivers or administrative boundaries), and can be used for data analysis to display or derive data such as population density, deprivation indices, contamination levels, or policy priority areas. See http://en.wikipedia.org/wiki/Geographic_information_ system and www.gis.com. HCA Homes and Communities Agency. The HCA is the Governments national housing and regeneration body. It launched on 1 December 2008, combining English Partnerships, the Housing Corporation, some delivery functions from Communities and Local Government and the Academy for Sustainable Communities. See www.homesandcommunities.co.uk. Latent Brownfield. The HCA defines in use or latent brownfield land as: Land or buildings that are currently in productive use, with planning permission, or otherwise allocated (in the UDP, Local Plan, or LDF) for redevelopment, together with land and buildings without planning permission or unallocated for redevelopment, but where the local planning considers there to be potential for redevelopment. These are NLUD-PDL categories D and E respectively. See Section 1.3 for more information. LDA London Development Agency. One of the nine Regional Development Agencies (RDAs) in England. RDAs were set up by Government to transform Englands regions through promotion of sustainable economic development. In London, as a functional body of the Greater London Authority (GLA), the LDA plays a key role in helping to deliver the Mayor of Londons vision and priorities for London. See www.lda.gov.uk. LDDs Local Development Documents. See LDF. compulsory Development Plan Documents (the Core Strategy, Area Action Plans, and a Proposals Map) and Supplementary Planning Documents (additional information that expands upon the policies within the Core Strategy or other Development Plan Documents). The components of a LDF include: E A Local Development Scheme, outlining the timetable/programme for producing the Local Development Documents; E A Statement of Community Involvement outlining how the Local Planning Authority will involve stakeholders, consultees, partners and local people in the LDF production process. E A Core Strategy, which sets out the spatial vision for the local area. This should take account of national, regional and other local plans including the Sustainable Community Strategy for the area, and also should take account of the views of citizens and local stakeholders. E A Proposals Map, which should identify areas of protection, show areas at risk from flooding, and allocate sites for particular land use or policy as included in any Development Plan Document. E Area Action Plans, which are a flexible set of documents outlining local development policies. AAPs provide detailed planning frameworks for particular issues (such as promoting mixed communities or employment areas) or for areas of major change such as housing renewal, regeneration or growth areas, conservation etc. E Sustainability Appraisal, which should be a full Strategic Environmental (Impact) Assessment of the environmental effects of the LDF policies and proposals. E Annual Monitoring Reports, which document the progress with compiling the LDF in accordance with the Local Development Scheme, and the extent to which the LDF policies are being delivered (with associated indicators monitoring areas such as housing delivery, employment, brownfield land reuse, renewable energy capacity etc). See www.communities.gov.uk/documents/ planningandbuilding/pdf/pps12lsp.pdf and www.pas.gov.uk/ pas/core/page.do?pageId=51391. PDL Previously Developed Land. Also brownfield land. Defined in PPS3 as land which is or was occupied by a permanent structure (excluding agricultural or forestry buildings), and associated fixed-surface infrastructure. The definition covers the curtilage of the development. PDL may occur in both built-up and rural settings.

LDF Local Development Framework. Brought in by the Planning and Compulsory Purchase Act 2004 as a replacement for Local Plans and Unitary Development Plans. It is intended to be not one document, but a more flexible system often described as a folder of different policies and plans. An LDF will contain Local Development Documents, which consist of both

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The definition includes defence buildings and land used for mineral extraction and waste disposal where provision for restoration has not been made through development control procedures See Section 1.3 for more information. PGS Planning Gain Supplement. See CIL. Polluter Pays Principle (also Extended Polluter Responsibility). In environmental law, the polluter pays principle is the principle that the party responsible for producing pollution should also be responsible for paying to counter the damage done to the natural environment. Fro v`m an economic standpoint, the aim is to internalise the full lifecycle costs of products which create pollution or contamination. See www.defra.gov.uk/environment/ and http://en.wikipedia.org/wiki/Polluter_pays_principle. PPG Planning Policy Guidance. See PPS. PPS Planning Policy Statement. Previously known as Planning Policy Guidance, these are topic-based statements of national planning policy issued by Government. Regional and local planning policy should accord with national policy. See www.communities.gov.uk/planningandbuilding/ planning/planningpolicyguidance/planningpolicystatements/ PTAL Public Transport Accessibility Level. PTALs are a detailed measure of the accessibility of a point to the public transport network, taking into account walk-access time and service availability, frequency and reliability. These are summed for all routes within the catchment and the PTALs for the different modes (bus, rail, etc) are then added to give a single value. The PTAL is categorised in six levels, (1 to 6), where 6 represents a high level of accessibility and 1 a low level of accessibility. See http://en.wikipedia.org/wiki/Public_Transport_ Accessibility_Level and www.tfl.gov.uk/assets/downloads/ businessandpartners/transport-assessment-guidance-2006. pdf (especially Appendix B). RSS Regional Spatial Strategy (previously Regional Planning Guidance). Prepared by Regional Planning Bodies, and required by Part 1 of the 2004 Planning and Compulsory Purchase Act, these are policy documents that plan for future development at a regional level. They should conform with national policy (PPSs) and set the framework for local policy (LDFs). In London, the RSS is the London Plan defined in the legislation as a Spatial Development Strategy. See www.communities.gov.uk/planningandbuilding/ planning/regionallocal/regionalspatialstrategies. S106 Agreement Section 106 Agreement (also Planning Obligation). A legal agreement between a planning applicant and a LPA. May be jointly agreed (bilateral agreement) or proposed by the applicant (unilateral undertaking). The agreement may require the developer to carry out specified obligations when implementing a planning permission, or to make a financial (or other) contribution to compensate or mitigate the wider impacts of the development. SDS Spatial Development Strategy. See RSS. SPD Supplementary Planning Document. See LDF. SUDS Sustainable Drainage System. Traditional drainage is designed to move rainwater as rapidly as possible from the point at which it has fallen to a discharge point either a watercourse or soakaway. This can increase the risk of flooding, or spread contaminants when running off permeable or organic surfaces. By diverting rainfall into contained systems, water is prevented from soaking into the ground, depleting ground water. The SUDS approach to drainage incorporates a wide variety of techniques, meaning there is no one size fits all solution. In most cases, a combination of techniques, using the Management Train principle, will be required, but potential options involve: control of rainwater at source; infiltration trenches and filter drains; swales and basins; and ponds and wetlands. Prevention of run-off and of contamination in the first place is still the preferred option where possible. See www.environment-agency.gov.uk/business/ sectors/36998.aspx and www.ciria.org.uk/suds. UDP Unitary Development Plan. Within the former statutory development plan system (prior to the introduction of LDFs), Unitary Authorities (such as London Boroughs) would produce a Unitary Development Plan as a framework to guide development in local areas. A UDP covers a wide range of issues from strategic area-wide issues through to detailed site-specific policies. UDPs should have been in conformity with Regional and National planning policy (RSSs, PPGs and PPSs). Under the new plan making system of Local Development Frameworks, UDP policies could be saved until 2007 or until new policies replace them. Policies contained within the UDP must be complied with unless material considerations indicate otherwise. See www.pas.gov.uk/pas/core/page.do?pageId=12584 and www.communities.gov.uk/corporate/publications/

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This report was commissioned jointly by the London Development Agency (LDA) and English Partnerships (EP). Since that time, English Partnerships has become part of the newly established Homes and Communities Agency (HCA). Therefore, in this publication you may find references to both agencies. In some cases there are references to an EP publication, available via the HCA website.

The membership of the Study Steering Group included representatives from the following organisations: Buglife Campaign to Protect Rural England Communities and Local Government East Thames English Heritage Environment Agency Genesis Housing Group Government Office for London Greater London Authority Greenspace Information for Greater London Home Builders Federation Homes and Communities Agency * LHA-ASRA Group London Biodiversity Partnership London Councils London Development Agency London First London Thames Gateway Development Corporation North London Development Investment Framework Group Origin Group South East of England Regional Development Agency Tilfen Land Town and Country Planning Association Transport for London We are also grateful to the many people and organisations, particularly London Boroughs, that provided references, comments or case-study details. * Previously drawing on representatives from English Partnerships, the Housing Corporation and the Academy for Sustainable Communities.

Credits This report was prepared by Arup as part of a London-wide Review of Brownfield Land. The Arup Study team included: Project Director Christopher Tunnell Project Manager Kieron Hyams Project Team Vicky Evans, Katie Kerr, Eli Konvitz, Miriam Leathes, Jacob Willson, Matthew Wright GIS Support Damien McCloud, Andrew Egleton The Arup team reported directly to the LDA project team of: Mark Powney (Project Lead) and John Kaye Acknowledgements Arup and LDA project team are grateful to the guidance, expertise and feedback offered by the London Development Agency (LDA), Homes and Communities Agency (HCA), and the Study Steering Group. In particular, thanks go to: Richard Cohen (LDA), Dr Paul Syms (formerly EP, now University of Manchester), Tony Swindells (HCA), Geoff Leigh (HCA) and Olga McFarland (HCA).

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