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A critical evaluation of the financial incentives available for the
sustainable redevelopment of brownfield sites and the legislation and
policy that governs such development
by
Glynnis L. K. Poole
Dissertation presented for the Degree of
MRes in Contaminated Land Management
Land Quality Management Group
School of Geography
University of Nottingham
2007
Approximate number of words 25,500
I am aware of the University’s policy on plagiarism and I confirm that the
work presented in this dissertation is entirely my own.
Signed.............………..... Date..............
Acknowledgments
I would like to thank my employer Midas Homes Ltd for their continuing support
throughout the last 12 months without which I would not have been able to
complete the course.
Thanks you also to my tutor Paul Nathanail for his guidance throughout the last 2
years and without which I would not be the hopeful contaminated land
professional I have become.
Lastly huge thanks must go to my colleagues on the MRes 2005 cohort who have
been ‘rocks’ through difficult and stressful times. I have had the pleasure of
making some very good friends who I have no doubt will remain good friends in
the future.
And it goes without saying that my family, friends, long-suffering partner, 2 cats
and a dog have made a massive difference and provided the much needed
support away from work and university.
ABSTRACT
This thesis aims critically evaluate whether the overall effect of government policy
is to encourage or hinder sustainable brownfield redevelopment in Cornwall. It
includes an examination of the views and attitudes of the residential development
industry in the South West of England’s towards brownfield development in
Cornwall
The research consisted of a two-stage process involving:
• Literature review of sustainable and brownfield policy, legislation and
financial incentives
• A survey of residential developers with an office base within South West
England carried out in mid-2007
The literature review indicates that brownfield development is encouraged
through legislation and policy at a national, regional and Cornwall level. The
provision of financial incentives encourages brownfield development although the
results of the survey indicate that they are not frequently used and knowledge of
them is limited. There does however, seem to be a lack of encouragement for
sustainable brownfield development.
The results suggest that the housebuilding industry in the South West of England
is routinely developing brownfield sites and there does not appear to be any
specific barriers to brownfield development in Cornwall. The results suggest that
the implications of national policies such PPS 3 for Housing are now being
implemented at a local level and due to the use of the residual land valuation
process are having an impact on land values.
The survey was based on a sample which represents 13% of annual house
building completions in the South West of England and the responses were
provided by a range of company sizes. Non-response was an issue and further
research is required to obtain a truly representative view on this subject from the
house building industry.
The research suggests that Government policy needs to reinforce the concepts of
sustainability in brownfield development. It also recommends that a set of
sustainability indicators/criteria should be provided for the allocation of funding to
focus support towards sustainable brownfield redevelopment
i
TABLE OF CONTENTS
Acknowledgements
Abstract
Table of Contents (i)
List of Figures (iv)
List of Tables (v)
Glossary of Terms (vii)
1 Chapter 1 Introduction
1.1 Introduction and Background to this Research……………………………… 1
1.2 Aim of the Project…………………………………………………………………………… 2
1.3 Objectives………………………………………………………………………………………… 3
1.4 Research Methodology……………………………………………………………………… 3
1.5 Report Structure………………………………………………………………………………. 4
2 Chapter 2 The Development of Sustainable Brownfield Development
2.1 Housing Development and the Growth of the Planning System pre-
1940s……………………………………………………………………………………………….. 6
2.2 Housing and the Development of the Planning System post-1940s. 7
2.3 Defining sustainable brownfield development………………………………… 11
2.3.1 Definition of ‘Brownfield’ Land……………………………………………….. 11
2.3.2 Definition and Growth of the term sustainable’…………………….. 13
2.3.3 Definition of ‘Sustainable Brownfield Development’……………… 15
2.4 The Quantity and Use of Previously Developed Land in the UK……. 16
2.5 Sustainable brownfield development in Cornwall…………………………… 18
2.5.1 National Land Use Database Statistics and Cornwall……………. 23
3 Chapter 3 Review of the Legislation, Policy and Guidance controlling Brownfield
Development
3.1 Introduction……………………………………………………………………………………… 27
3.2 National Documents………………………………………………………………………… 28
3.2.1 The Role of Planning………………………………………………………………. 28
3.2.2 Building Act, 1984 and Building Regulations………………………… 43
3.2.3 Waste Management Legislation, Policy and Guidance………….. 44
3.2.4 Pollution Control/Remediation Permits and Technical
Guidance……………………………………………………………………….. 46
3.3 Regional Documents……………………………………………………………………….. 47
ii
3.3.1 Regional Planning Guidance…………………………………………………… 47
3.3.2 Regional Spatial Strategy for the South West……………………… 48
3.4 Cornwall Documents………………………………………………………………………. 50
3.4.1 Cornwall Structure Plan, 2004……………………………………………… 50
3.4.2 Local Development Documents……………………………………………. 52
4 Chapter 4 Review of the Financial Incentives and Provisions available for
Sustainable Brownfield Development in Cornwall
4.1 European Structural and Cohesion Funds……………………………………… 55
4.2 Finance Act, 1996 & 2001 and the Urban White Paper, 2000……… 61
4.2.1 Landfill Tax Exemption…………………………………………………………. 61
4.2.2 Land Remediation Tax Relief……………………………………………….. 62
4.2.3 Stamp Duty Exempt Areas…………………………………………………… 63
4.3 State Aid………………………………………………………………………………………… 64
4.4 Investments Frameworks for Regeneration…………………………………… 65
4.4.1 Public Private Partnerships………………………………………….………… 65
4.4.2 Joint Ventures………………………………………………………………………… 66
4.4.3 English Cities Fund…………………………………………………………………. 66
4.4.4 Urban Regeneration Companies……………………………………………. 67
5 Chapter 5 Data Collection
5.1 Introduction……………………………………………………………………………………. 68
5.2 Methodology…………………………………………………………………………………… 68
5.3 Housing Developers Questionnaire………………………………………………… 70
6 Chapter 6 Analysis of Survey Data
6.1 Introduction……………………………………………………………………………………. 78
6.2 Survey Response Rate…………………………………………………………………… 78
6.3 Detailed Analysis of Questions……………………………………………………… 79
7 Chapter 7 Discussion of Survey Results
7.1 Introduction…………………………………………………………………………………… 89
7.2 Does the legislation and policy promote sustainable brownfield
development?................................................................... 89
7.3 Does the provision of financial incentives and provisions promote
sustainable brownfield development?.................................... 92
iii
8 Chapter 8 Conclusions
8.1 Limitations of Research…………………………………………………………………… 97
8.2 Conclusions of Research…………………………………………………………………. 98
8.3 Further Research……………………………………………………………………………. 101
8.4 Recommendations…………………………………………………………………………… 101
References
Appendix 1 Example of the Questionnaire
Appendix 2 Questionnaire Results
iv
LIST OF FIGURES
Figure 1: Number and Composition of Households: England: 1971-2016 (ODPM, 2003)
Figure 2: The Dimensions of Sustainability (RESCUE, 2005b)
Figure 3: Brownfield Regeneration: Bath Model (Cabernet, 2007)
Figure 4: Proportion of new dwellings on previously developed land (DCLG, 2007)
Figure 5: Map indicating the location of Cornwall in the South West region and the extent
of operations of the SWRDA (SWRDA, 2007a)
Figure 6: Map indicating the Local District Authority areas in Cornwall (GOSW, 2007)
Figure 7: The Nature Map for Cornwall indicating types and location of habitats
(SWENVO, 2007)
Figure 8: House building in Cornwall between 1976-2006 (Cornwall County Council, 2006)
Figure 9: Spatial distribution of previously developed land in the SW England (English
Partnerships, 2004)
Figure 10: Previously Developed Land by Type for England 2006 (DCLG, 2007d)
Figure 11: Previously Developed Land by Type in Cornwall 2005 (summarised from NLUD,
2005)
Figure 12: Previously developed land by type for each Local Authority area in Cornwall in
2005 (summarised from NLUD, 2005)
Figure 13: Illustrative map of institutional congestion in the control of sustainable
brownfield development (adapted from Catney et al, 2006)
Figure 14: Case Study Example of the Costs of providing Affordable Housing
Figure 15: The Five inter-linking aims of the Draft RSS (RSS, 2006)
Figure 16: Relationship between remediation costs and end-use value at economically
viable, marginally viable and non-viable brownfield sites (Nathanail et al, 2005)
Figure 17: Indicates the Funding Status of Regions within the UK between 2000-2006 and
2007-2013
Figure 18: UK Vision for Structural Funds Spending (DTI, 2006)
Figure 19: Respondents preference for land type
Figure 20: Respondents knowledge of financial incentives and provision available for
brownfield development (given as a percentage of the total number of respondents)
Figure 21: Response to whether the provision of Land Remediation Relief has encouraged
the responding company to develop contaminated sites
Figure 22: Respondents reaction if Landfill Tax Exemption was removed
Figure 23: Summary of legislation and policy currently having a significant impact on
development as provided by survey respondents
Figure 24: Respondents views on whether additional legislative requirements will impact
on future land availability (given as a percentage of the total)
v
LIST OF TABLES
Table 1: Regional targets for housing on Previously Developed Land
Table 2: Indicating the increase in the average house price between 1996-2006 (HBOS,
2006)
Table 3: Summary of key policy changes in The Planning and Compulsory Purchase Act,
2004 and their relevance to sustainable brownfield development
Table 4: List of Planning Policy Statements/Planning Policy Guidance notes and their
relevance to sustainable brownfield development
Table 5: Key Policies and objectives of PPS3 and their relevance to Sustainable
Brownfield Development (SBD) (summarised from PPS 3:2006)
Table 6: Summarised parts of Building Regulations relating to sustainable brownfield
development
Table 7: List of Waste Management legislation and policy and the impact on sustainable
brownfield redevelopment in England
Table 8: CCC Structure Plan policies and their relevance to sustainable brownfield
development
Table 9: % Affordable Housing Provision per development
Table 10: European Funding Programmes applicable in Cornwall 2007-2013
Table 11: Summary of Territorial Cooperation Programme and their Funding Institutions
(SWRDA, 2007b)
Table 12: Cornwall wards identified as Disadvantaged Areas and therefore exempt from
Stamp Duty (Table G, The Stamp Duty (Disadvantaged Areas) Regulations 2001)
Table 12: Questions 1-2 Taken from Housing Developer Questionnaire
Table 13: Questions 3-4 Taken from Housing Developer Questionnaire
Table 14: Question 5 Taken from Housing Developer Questionnaire
Table 15: Questions 6-7 Taken from Housing Developer Questionnaire
Table 16: Question 8 Taken from Housing Developer Questionnaire
Table 17: Question 9 Taken from Housing Developer Questionnaire
Table 18: Question 10 Taken from Housing Developer Questionnaire
Table 19: Questions 11-13 Taken from Housing Developer Questionnaire
Table 20: Question 14 Taken from Housing Developer Questionnaire
Table 21: Question 15 Taken from Housing Developer Questionnaire
Table 22: Questions 16-17 Taken from Housing Developer Questionnaire
Table 23: Questions 18-20 Taken from Housing Developer Questionnaire
Table 24: Summaries of the responding companies and their annual output
Table 25: Respondents preference for Remediation Technique (given as a percentage of
the total number of respondents)
vi
Table 26: Indicates the type and scale of partnership development undertaken by
respondents (given as a percentage of the total response)
Table 27: Indicates respondents awareness of legislation and policy affecting brownfield
development
vii
GLOSSARY OF TERMS
Affordable Housing
This includes social rented and intermediate housing, provided to specified eligible
households whose needs are not met by the market.
CABERNET Concerted Action on Brownfield and Economic Regeneration Network Aim is to
enhance the rehabilitation of brownfield sites within the context of sustainable
development by sharing experiences across Europe
CCC Cornwall County Council
CLARINET Contaminated Land Rehabilitation Network for Environmental Technologies in
Europe
Primary objective is to develop technical recommendations for sound decision making
concerning the rehabilitation of contaminated sites in Europe
DCLG Department of Communities and Local Government
Government department with the vision of prosperous and cohesive communities, offering
a safe, healthy and sustainable environment for all
DEFRA Department of the Environment, Food and Rural Affairs
Government department with the vision of improving the current and future quality of life
GOSW Government Office for the South West
Represent the work and interests of national Government departments within the South
West region of England
The Housing Corporation
The Government Agency who fund and regulate Registered Social Landlords (including
housing associations) in England
Non-Speculative Housing
See definition of affordable housing
Redevelopment
The physical process of developing a site that has had a previous use
viii
Regeneration
The process of renewing or reinvigorating a site or area
Regeneration of European Sites in Cities and Urban Environments (RESCUE)
European 3 year research project with the intention to improve the quality of derelict land
recycling in terms of sustainability of the build environment and the quality of urban life
Registered Social Landlord
Independent housing organisations that are registered with the Housing Corporation
under the Housing Act, 1996
SWRDA South West Regional Development Agency
Objective is to increase sustainable prosperity and productivity for the South West region
of England
Speculative Housing
Private housing for sale or rent where the price is set in the open market
Volume House Builder
A development company that constructs greater than 200 units per annum
CHAPTER 1 INTRODUCTION
1.1 Introduction and Background to this Research
This research has been developed due to a personal and professional interest in
sustainable brownfield redevelopment. It is a current issue for the following
reasons:
• Growth of the Government’s sustainable development and environment
agenda particularly in relation to climate change which in 2004 was
announced as the worlds greatest environmental challenge by the Prime
Minister (Blair, 2004),
• Proposed reform of the planning system following the Barker Review of
Housing Supply (Barker, 2004) and the Barker Review of Land Use
Planning (Barker, 2006),
• Merger of English Partnerships and the Housing Corporation into
‘Communities England’ to reform the delivery of regeneration and housing
programmes,
• An increase in housing supply targets proposed by the Government,
• Review of the current tax incentive system available for contaminated land
remediation (HM Treasury, 2007).
Dixon et al, 2006 reviewed the UK development industry’s role in brownfield
redevelopment. The research upon which this thesis is based has also included a
survey of housebuilders but is specifically targeted at sustainable brownfield
development in Cornwall. It evaluates current legislation and policy controlling
this type of development and evaluates the financial incentives and provisions
available for brownfield development in Cornwall and assesses whether they
promote principles of sustainable development. Similar research into financial
incentives and provisions available for brownfield development has been
undertaken by Ulster University in 2006 (DCLG, 2006b).
Cornwall is located in the peninsula of south west England and as a consequence
is geographically isolated. It is one of the poorest regions within the UK with a
large proportion of district and wards listed on the Index of Multiple Deprivation
(DETR, 2000a). Cornwall has historically had a narrow economic base and the
strength of the economy of the County has declined with the closure of the tin
mining industry and the loss of traditional industries. Within recent years the
1
County has relied heavily on the tourism and leisure industry with the growth of
attractions such as the Eden Project, National Maritime Museum and Tate St Ives
and exploiting the attractive coastline.
Based on the 2005 Value of Tourism (Cornwall Tourist Board, 2005), an average
of 21% of the total numbers employed in the County were employed in tourism
related industry compared with 13% in Devon. The seasonal nature of this
industry has resulted in seasonal employment problems and the low wages
generated by this type of employment has resulted in low household incomes. It
also has the potential to cause environmental problems such as traffic congestion
and requires a large proportion of holiday accommodation and second home
ownership (80% in some Cornish communities, Cornwall County Council 2006).
Although Kerrier is no longer included as one of the top 50 most deprived Local
Authorities in the Index of Multiple Deprivation (ODPM, 2004h) the patterns of
multiple deprivation are still prevalent in the former tin mining areas such as
Penwith, Cornwall (ODPM, 2004h). House prices have continued to rise with the
UK annual house price inflation in June 2007 at 12.1% (DCLG, 2007b) and these
rises have also been seen in Cornwall where the average house price has
increased by 9.5% annual average 2007 to £207,754 (Land Registry, 2007).
These issues have combined to create a population with increased requirements
for affordable housing in an area where increasing house prices are increasing the
value of developable sites.
This research considers current policy and will review sustainable brownfield
development of residential housing and mixed use communities – it does not
therefore consider development with a commercial or industrial land use.
1.2 Aim of the Project
Government policies both hinder and encourage brownfield redevelopment and
sustainable development. The aim of this thesis is to critically evaluate whether
the overall effect of government policy is to encourage or hinder sustainable
brownfield redevelopment in Cornwall.
2
1.3 Objectives
a) To define the concepts of ‘brownfield’, ‘sustainable’ and sustainable
brownfield redevelopment’ in ways that can be measured (if only
qualitatively)
b) To complete a review of the financial incentives and provisions
currently available in England and specifically Cornwall, evaluate
whether they encourage or hinder sustainable brownfield
redevelopment and consider their effect at an individual project level
c) To complete a review and evaluation of the current legislation, policy
and technical guidance for England, south-west region and Cornwall
responsible for regulating sustainable brownfield development
d) To review the current level of brownfield development in Cornwall
e) To survey housing development companies who have developed within
south west England to assess the level of brownfield development, the
amount and reasons for developing or not developing in Cornwall, the
use of financial provisions and the knowledge and understanding of the
regulating legislation
f) To provide recommendations for housing policy in Cornwall and the
provision of financial incentives for sustainable brownfield development
1.4 Research Methodology
The following methodology has been proposed to achieve the aim and objectives
detailed in section 1.3.
a. Review the history of housing development, planning policy system and
growth of brownfield development utilising internet websites and research
papers.
b. Undertake a review internet websites such as;
Department of Communities and Local Government,
Department for Business, Enterprise and Regulatory Reform,
3
Department for Environment, Food and Rural Affairs,
HM Treasury,
Office for National Statistics,
HM Revenue and Customs,
European Union,
Environmental Agency,
South west Regional Development Agency,
Government Office for the South west,
Cornwall County Council,
Local District Councils in Cornwall,
English Partnerships.
c. Undertake a review of research papers into the concepts of sustainability,
brownfield and sustainable brownfield development.
d. Undertake a review of research papers into survey and questionnaire
design and implementation to assess the most appropriate type for this
thesis.
e. Design a questionnaire based on the findings of part c above, to assess
the knowledge, understanding and use of financial incentives and
legislative controls by the housing development industry.
f. Provide graphical and tabular summaries of the responses to the
questionnaire using computer packages such as Microsoft Excel.
1.5 Report Structure
This Chapter has provided an introduction into the background of this thesis and
the aim and objectives hoped to be achieved by undertaking this research.
Chapter 2 provides a background to the development of planning policy pre and
post-1940s. It proposes definitions for sustainable brownfield development and
assesses the quantity and use of brownfield sites in the UK and Cornwall.
Chapter 3 is a literature review of the legislation, policy and guidance currently
controlling sustainable brownfield development in England with specific reference
to Cornwall. This only refers to the development of housing and mixed
4
communities. It includes an evaluation of the key planning policy documents and
assesses whether they are relevant and promote to sustainable brownfield
development in Cornwall.
Chapter 4 is a literature review of the financial incentives and provisions available
to support sustainable brownfield development in England with specific reference
to Cornwall. It includes an evaluation of these frameworks and whether they
support sustainable brownfield development in Cornwall.
Chapter 5 details the methodology used to design the questionnaire and survey
housing development companies in south west England. It reviews the theory of
questionnaire surveys and details the reasoning behind each question.
Chapter 6 comprises of an analysis of the data collected during the survey. It
assesses the response rate and provides graphical and tabular summaries of the
responses to each of the questions.
Chapter 7 is a discussion of the results this thesis and compares the results to
previous research and discusses the impact of the responses in light of the
literature reviews contained in chapters 3 and 4.
Chapter 8 provides conclusions to the research, including limitations and
problems associated with the questionnaire design and implementation. It also
provides suggestions for further and extended research.
5
CHAPTER 2 THE DEVELOPMENT OF SUSTAINABLE BROWNFIELD
DEVELOPMENT
2.1 Housing Development and the Growth of the Planning System
Pre-1940s
Urban renewal, redevelopment and regeneration have been occurring for several
hundred years in one form or another but have historically lacked forward and
strategic planning and control. As Booth, 1999 recognises that with regards to
development and redevelopment there was no “proper administration of public
control except in the aftermath of the Great Fire of London” (Booth, 1999).
Indeed public control over development was not apparent until the 1774 London
Building Act which included the “use of dimensional constructional standards”
(Booth, 1999) or specific building standards.
It was the legislation that followed the Great Fire that informed the development
of The London Building Act, 1774 and the Metropolitan Building Act, 1844. Until
1844 control of building and implementation of the previous Acts would appear to
have been left largely to the private sector. As Booth, 1999 explains it was the
“1848 and 1858 Public Health Acts which enabled Local Authorities to make by-
laws to control the construction of new housing” (Booth, 1999) resulting in the
public control of building.
Britain was a wealthy nation and part of the modern industrial age. It was during
this time the economy was strong and as Matthews et al, 1982 note “the
highwater mark of Britain’s industrial prosperity was in the boom of 1872-73”
(Matthews et al, 1982). Housing construction continued although it would appear
that the “preoccupation of the late Victorian period had been the provision of a
sufficient quantity of good quality, cheap housing for the working classes” (Booth,
1999). It was during this Victorian period that the concept of ‘unfit for human
habitation’ was developed and as Yelling, 2000 suggests the “origins of slum
clearance in Britain lie in the Victorian period” (Yelling, 2000).
The first specific planning legislation was contained within The Housing, Town
Planning etc. Act, 1909 which “allowed (although did not require) Local
Authorities to prepare plans for undeveloped land or land in the course of
development” (Booth, 1999). However the preparation of these plans was not a
6
quick process and as a consequence a housing shortage began to manifest
throughout the early 1900s.
The JCLPW, 1917 suggested that the shortage was due to a number of reasons
including,
• The Country’s housing was already overcrowded after the war. “The 1901
census indicated that 2,667,506 people in England and Wales were living
more than 2 to a room” (JCLPW, 1917).
• The speculative house builder had ceased building working class homes
therefore “affordable housing decreased” (JCLPW, 1917).
• “During the 3 years of war all building ceased – in fact it was prohibited”
(JCLPW, 1917).
Few schemes were authorised during the first world war although there was an
“increasing concern at the number of new houses needed to be built after the
war…needs of returning servicemen and their families…remedy the appalling
housing legacy of uncontrolled growth” (Crow, 1996). The Town and Country
Planning Act, 1932 extended the 1909 plan-making provisions to all parts of local
authority areas, built or unbuilt in an attempt to increase the level of controlled
development.
However, development throughout the 1930s led to “widespread concern about
loss of countryside and urban sprawl” (Crow, 1996) which also coincided with the
first national slum clearance campaigns. Following the outbreak of war in 1939
the “pre-war loss of agricultural land” (Crow, 1996) began to be regretted.
2.2 Housing and the Development of the Planning System Post-1940s
The foundations of post-war planning were laid down in the Town and Country
Planning Acts of 1943, 1944 and 1947 (Cullingworth, 1962). These Acts created
statutory development plans thereby controlling development by reference to a
land use plan and also created the requirement to apply for planning permission.
The political control within the Government interchanged between Labour and the
Conservatives through the post-war years. Following the end of WWII a Labour
government took control and were responsible for the early policies which
instigated regeneration following the destruction of the war. Decisions regarding
social reform and the production of the Beveridge Report in 1942 were the early
7
beginnings of regeneration with the provision of social security, a National Health
Service and a full employment policy. Housing was a significant issue especially
for the voting public due to the destruction of homes during the war and it
therefore became one of the campaign issues for the Labour party during the
1945 election. The New Towns Act, 1947 and The Town and Country Planning
Act, 1947 were introduced by the Labour Government as part of the housing and
regeneration campaign.
The economic situation was remarkably strong considering the aftermath of World
War II. During the immediate aftermath “the steady closure over 1946 and
1947 of the huge wartime deficit, producing a few years of surplus as government
expenditure was reined in by demobilisation” (Clark and Dilnot, 2002).
The growth of the planning system coincided with the renewed slum clearances
that had been stopped during the war years. These slum clearances continued
vigorously through the 1950s and 1960s, however “the balance between
demolitions and public sector building had dangerously narrowed” (Yelling, 2000)
and the “higher levels of public sector housing expected in the mid-1960s….could
not be achieved” (Yelling, 2000). Yelling, 1999 believes that the revival of the
large-scale slum clearance from 1955 was the “most important public intervention
in British cities” (Yelling, 1999).
Through the 1960s and 1970s areas were re-built with cost-effective housing
often including inner city tower blocks and suburban development lacking
infrastructure. Unfortunately this contributed to the creation of social problems
and urban decay such as those seen in the Gorbals estate in Glasgow. This
resulted in the launch of the Urban Aid programme under the Labour Government
in the 1970s. This was followed by The Community Development and Urban
Programmes to fund social regeneration. It was during the 1970s that demolition
was curtailed and Housing Action Areas created in 1974 to take over from slum
clearance areas.
Regeneration policy continued to evolve with the introduction of Urban
Development Corporations and Enterprise Zones by the Conservative Government
of the 1980s. They were intended to revive urban markets and promote urban
renewal through commercial/industrial activity, creation of attractive
environments and provide adequate housing and social facilities. The 1970s and
early 1980s involved periods of significant private housing development and were
8
“accompanied by government encouragement of grant-aided improvement”
(Yelling, 2000).
All regeneration funding programmes were subsequently merged into the Single
Regeneration Budget (SRB) in the early 1990s. The aim of the SRB Programme
was to improve the quality of life for communities in disadvantaged areas and
was the first programme to promote sustainable regeneration.
The political ambition of the labour government since 1997 has been to provide a
strong economy by reducing unemployment and building sustainable
communities. They have driven society towards home ownership and the
provision of ‘homes for all’ through affordable and low-cost housing. To facilitate
this ambition they have introduced over the last 10 years, Regional Development
Agencies, Urban Regeneration Companies and Regional Housing Boards.
In 1999 the Urban Task Force, created by the Government, published their
Mission Statement:
‘The Urban Task Force will identify causes of urban decline in England and
recommend practical solutions to bring people back into our cities, towns and
urban neighbourhoods. It will establish a new vision for urban regeneration
founded on the principles of design excellence, social well-being an environmental
responsibility within a viable economic and legislative framework.’
(DETR Urban Taskforce, 1999c)
The report provided radical recommendations as to how provide homes whilst
creating a quality of life to make towns and cities desirable. This agenda-setting
report was independently revised in 2005 with the publication of Towards a
Strong Urban Renaissance (DETR, 2005). Lord Rogers believed the revision was
required as the Government had overlooked several key recommendations within
the Urban White Paper Our Towns and Cities (ODPM, 2000) and that focusing on
sustainable communities had weakened the stance on urban regeneration.
Publication of the Sustainable Communities Plan (ODPM, 2003) signalled further
evolution of urban policy. This has been followed by the Barker Reviews of
Housing Supply, Delivering Stability: Securing Our Future Housing Needs (Barker,
2004) and Land Use Planning (Barker, 2006).
9
Following these reports the 2005 pre-budget report by the Chancellor set out an
ambition to increase housing supply by 200,000 net additional homes per year by
2016. This target was revised in July 2007 to 240,000 net additions by 2016 with
the aim of delivering 2 million new homes by 2016 and 3 million by 2020 (Brown,
2007).
The requirement for additional housing supply is due to the projected increase of
households from 21.1 million in 2004 to 26.0 million in 2026 and to reach 26.5
million in 2029 (DCLGc, 2007). As figure 1 demonstrates the increasing number
of households is predominantly as a result of the increasing number of single
person households which will affect the type of development and property type
required.
Figure 1: Number and Composition of Households: England: 1971-2016
(ODPM, 2003)
An important issue to consider is the number of empty properties available which
could be utilised to minimise the requirement for new development. DLCG
suggest that in England there are 680,412 empty properties with 585,539 owned
by the private sector (DCLG, 2005a) which could be occupied. Since 2006 local
authorities have been able to issue Empty Dwelling Management Orders (DCLG,
2007) which allows them to manage the property. No statistics are currently
available to assess whether this policy has been applied or successful in reducing
the number of empty properties.
10
Redevelopment and wider regeneration processes are inevitable and reflect the
changing needs and requirements of society and the creation of brownfield sites
is a product of this change.
2.3 Defining Sustainable Brownfield Development
2.3.1 Definition of ‘Brownfield’ Land
It is crucial to define the term ‘brownfield’ as the interpretation is often
dependant on the users’ role in society and there currently remains no agreed
common European definition.
Alker et al, 2000 discussed the growing need for a robust and accepted definition
of ‘brownfield’ and noted that the term ‘brownland’ had been used in the UK since
the early 1990s by a group of landowners with sites requiring some form of
clean-up. Various organisations and individuals have provided their definitions of
‘brownfield’ with each skewed by the perspective of the group or individual.
Alker et al (2000) proposed the following definition for brownfield sites:
‘any land or premises which has previously been used or developed and is not
currently fully in use, although it may be partially occupied or utilised. It may
also be vacant, derelict or contaminated. Therefore a brownfield site is not
necessarily available for immediate use without intervention.’ (Alker et al, 2000)
No formal or statutory definition of brownfield has been proposed in England
although a similar term that has political significance is ‘previously developed
land’ which was introduced by the Government in 1998 (ODPM, 1998). This
document also set the national target for PDL re-use at 60% (ODPM, 1998). The
term PDL is therefore used within policy in England and Wales and is effectively
the statutory equivalent of brownfield although the definition of PDL makes no
reference to ‘contamination’ or ‘potential contamination’.
PDL was defined in Planning Policy Guidance 3: Housing, and again in Planning
Policy Statement 3: Housing, 2006. This ‘previously developed land’ (PDL) is
further defined as ‘…land which is or was occupied by a permanent structure,
including the curtilage of the developed land and any associated fixed surface
infrastructure’ (DCLG, 2006d). There is no presumption in this definition that
11
land which is PDL is necessarily suitable for housing development or that the land
is contaminated.
The definition of PDL specifically states that it includes defence buildings, but
excludes:
• Land that is or has been occupied by agricultural or forestry buildings,
• Land that has been developed for minerals extraction or waste disposal
by landfill purposes where provision for restoration has been made
through development control procedures,
• Land in built-up areas such as parks, recreation grounds and allotments,
which, although it may feature paths, pavilions and other buildings, has
not previously been developed,
• Land that was previously developed but where the remains of the
permanent structure or fixed surface structures 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. (DCLG, 2006d)
It is important to consider what is not included in the definition of PDL when
considering the definition of greenfield. There is no formal definition of greenfield
land however, for development purposes in England this should be considered to
be any land not considered to be PDL (as defined in PPS 3). This will therefore be
used through this thesis although it should be noted that a number of sites
meeting the exclusion test of PDL will have other designations and may therefore
not be available for development such as the protection of allotments under the
Allotments Act, 1925.
CABERNET (Concerted Action on Economic and Brownfield Regeneration Network)
was established in 2002 and is an EC funded multi-stakeholder network created
to investigate, identify and raise the profile of brownfield issues across members
of the EC. The network has developed the earlier CLARINET definition for
brownfield sites which indicates that the term brownfield does not necessarily
indicate contaminated and it doesn’t contain bias towards the end-use. It should
also be noted that the interpretation of this definition also includes garden areas
of existing residential properties.
12
Brownfields are sites which;
Have been affected by former uses of the site or surrounding land,
Are derelict or underused,
Are mainly in full or partly developed urban areas,
Require intervention to bring them back to beneficial use,
May have real or perceived contamination problems.
(Cabernet, 2007a)
The US Environmental Protection Agency (EPA) has also provided a definition of
‘brownfield’ which was developed as a result of the inception of the US
Brownfields Programme in 1995.
The definition of brownfields is;
“With certain legal exclusions and additions, the term ‘brownfield site’ means real
property, the expansion, redevelopment or reuse of which may be complicated by
the presence or potential presence of a hazardous substance, pollutant or
contaminant.” (USEPA, 2002)
The USEPA definition of brownfield therefore specifically includes contamination.
There are therefore three distinct definitions proposed with varying inclusion of
contamination. For the purposes of this thesis it is proposed to use the
CABERNET definition of brownfield.
2.3.2 Definition and Growth of the Term ‘Sustainable’
The second term that requires defining is ‘sustainable’ or sustainability’ in specific
relation to development. The concept of sustainability is open to interpretation
but provides a statement of intent that the needs of the present will be met
without compromising future generations in meeting their needs. It is generally
agreed the there are three ‘pillars’ of sustainability are, Environment, Social and
Economy with RESCUE suggesting a fourth institutional dimension (RESCUE,
2005b). Figure 2 indicates the relationship between each dimension
13
Figure 2: The Dimensions of Sustainability (RESCUE, 2005b)
Differences in the interpretation of this definition originate from how each of the
four ‘pillars’ of sustainable development, Environment, Social, Economy and
institutional, are emphasised. Of the four pillars of sustainability the institutional
dimension is a significant driver for regeneration through the legislative
framework. Social and economic concerns drive regeneration through private
sector investment with the environmental element often left as a regulatory
control measure rather than a driver such as the Wildlife and Countryside Act,
1981, Groundwater Regulations, 1998 and Landfill Regulations, 2002.
With regards to sustainable development here is a level of international and
national agreement on a definition which is taken from the Brundtland Report Our
common Future (Brundtland Commission, 1987). This definition does raise
concern about balancing the needs of current and future generations when their
needs cannot be accurately predicted or assumed.
“development which meets the needs of the present without compromising the
ability of future generations to meet their own needs” (Brundtland Commission,
1987)
The Brundtland definition is accepted into UK policy through the 1999 UK
commitment in ‘A Better Quality of Life: a Strategy for Sustainable Development
in the UK’ (DETR, 1999a) which as well as using the Brundtland definition makes
14
it clear that sustainable development also means ‘a better quality of life for
everyone, now and for generations to come’ (DETR, 1999a).
It is recognised that sustainable regeneration is crucial to the continued success
of the UK as a major developed country whilst also ensuring we create a society
that we can pass on to our children and their children. The objective of re-using
PDL for protecting the countryside and encouraging urban regeneration was sited
in Quality of Life Counts (DETR, 1999b). This also measured the sustainability
indicators H14 New Homes built on PDL and K1 Proportion of Vacant Land and
Buildings and Derelict Land.
The reuse of previously developed sites became a core objective for the
achievement of sustainable communities through the Sustainable Communities:
Building for the Future (ODPM, 2003). However it is not simply the re-use of
these sites that contributes to the sustainability agenda it is also the methods of
reclamation, location of the site, infrastructure provision, methods of construction
and the proposed use that must be considered.
It is important to recognise the growing importance of the sustainability agenda
and its impact on brownfield redevelopment. However the question of how to
quantify and measure sustainable brownfield redevelopment is not assessed
within the scope of this research.
2.3.3 Definition of ‘Sustainable Brownfield Development’
A clear concise definition of sustainable brownfield development is difficult to
locate and there has been limited research to adequately define a term that is
used so frequently by a number of areas of society. A key definition has been
provided by RESCUE in their 2005 Best Practice Manual:
“Sustainable Brownfield Regeneration is the management, rehabilitation and
return to beneficial use of brownfields in such a manner as to ensure the
attainment and continued satisfaction of human needs for present and future
generations in environmentally sensitive, economically viable, institutionally
robust and socially acceptable ways within the particular regional context”
(RESCUE, 2005a).
15
Dixon et al (2006a) provide a similar definition and suggest that sustainable
brownfield regeneration is based upon the “principle of recycling land for
development in ways that are economically, environmentally and socially
sustainable” (Dixon et al, 2006a).
The RESCUE (2005a) definition of sustainable brownfield regeneration will be
adopted for the purposes this thesis although will be referred to as sustainable
brownfield development.
2.4 The Quantity and Use of Previously Developed Land in the UK
In 2006 there was an estimated 62,700 hectares of previously developed land
(PDL) compare with 63,500 hectares in 2005 (DCLG, 2007d). An estimated
34,900 hectares of this is vacant or derelict compared to 36,600 in 2005 (DCLG,
2007d).
UK government planning policy for housing is reflected in Planning Policy
Statement (PPS) 3 and dictates that at least 60% of new housing should be
provided on previously developed land (PDL) (DCLG, 2006d). This was further
reinforced by the Homes for the Future: more affordable, more sustainable
(DCLG, 2007) published for consultation by the Government.
Figure 3 indicates the Bath Model produced by CABERNET (2007b) and is
indicative of the cyclical system that involves the creation and regeneration of
brownfield sites. Within the Bath model there are the ‘sludge’ of persistent sites
at the bottom of the Bath which represent difficult sites to develop due to a
variety of reasons including location, contamination and local market conditions.
In accordance with the Cabernet definition of brownfield sites presented in section
2.3.1 intervention of some form is required to facilitate development of
brownfield sites. However it is likely that the intervention required for persistent
sites will involve the public sector.
16
Figure 3: Brownfield Regeneration: Bath Model (Cabernet, 2007b)
Figures 4 indicates the number of dwellings built on PDL in England since 1995
and demonstrates the increasing use of PDL for new housing in accordance with
Government policy Planning for the Communities of the Future (ODPM, 1998).
Figure 4 demonstrates that at least 60% of new dwellings have been constructed
on brownfield sites every year since 2000.
0
10
20
30
40
50
60
70
80
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005P 2006
%ofnewdwellingsbuiltonpreviouslydevelopedland
England
South West
Figure 4: Proportion of New Dwellings on Previously Developed
Land (DCLG, 2007)
17
Based on provisional estimates 77% of new dwellings in 2005 were provided on
previously developed land increasing from 56% in 1997. Figures 2 and 3
demonstrate that there is commitment to the use of PDL for housing
development, however it should be noted that included within this are
conversions and development within existing rear gardens which are often
suggested not to be PDL. There are currently no targets for non-residential
development on PDL.
The Governments proposal is that Local Planning Authorities should identify and
plan for the most appropriate land allocations, including housing through the
Local Development Framework process. This should reflect the local land
availability and support the 60% national target. The Regional Planning Guidance
for the Southwest (RPG10), 2001 identifies a commitment to achieving 50% of
new development on PDL (although this again includes conversions of existing
dwellings) significantly less than the national target reflecting regional availability
of PDL (GOSW, 2001). Table 1 indicates the proposed PDL targets for each of the
regions with variations between 50%-80% perhaps reflecting local availability but
also the date of the publication.
Table 1: Regional Targets for Housing on Previously Developed Land
Region Housing Target on Previously
Developed Land
Source
South West 50% GOSW, 2001
North East England 65% GONE, 2002
East England 50% GOE, 2000
North West England 80% NW Regional Assembly, 2006
East Midlands 60% GOEM, 2005
West Midlands 75% GOWM, 2004
South East England 60% GOESEL, 2001
2.5 Sustainable Brownfield Development in Cornwall
Cornwall is a County located in the south-west peninsula of England as indicated
in Figures 5 and 6. The governing political structure of the County consists of
Cornwall County Council overlying the 6 District Councils indicated on Figure 6.
The County is included within the South West Regional Development Agency
(SWRDA) and Government Office for the South West (GOSW).
18
Figure 5: Map indicating the location of Cornwall in the South West
region and the extent of operations of the SWRDA (SWRDA, 2007a)
DEVON
Figure 6: Map indicating the Local District Authority areas in Cornwall
(GOSW, 2007)
19
The Cornish landscape illustrates the industrial heritage of the County with the
most obvious relicts being the numerous engine houses of old mines and the
stark stockpiles of china clay waste. Mining undoubtedly formed the main
employer especially during the 18th
and 19th
centuries when the steam engine
was developed progressing the County to the forefront on the industrialised
world. As tin prices decreased and other countries mining activities were less
costly, the mining industry in Cornwall declined with the closure of the last mine,
South Crofty, in 1998. The move away from manufacturing based industry to
light and service based industry caused a decline in the economic climate in
Cornwall. It has also created a large number of previously developed sites often
affected by contamination (see Figure 9).
Employment growth has increased but remains “dominated by lower value added
service sector or sectors dependant on the public sector and/or with a tendency
to offer low paid and part time employment” (Objective One Partnership, 2007).
The quality of the environment is one of Cornwall’s greatest assets with 958km2
of Area of outstanding Beauty covering 27% of its total land area and 1582
scheduled monuments (CCC, 2005). Figure 7 indicates the nature map for
Cornwall with the types of habitats found in the County and their location. These
allocations may inhibit brownfield redevelopment as previously developed sites
and urban land often also represent areas of valuable biodiversity. It may be
more sustainable to develop agricultural ‘greenfield’ sites rather than losing the
biodiversity value of previously developed land.
20
Figure 7: The Nature Map for Cornwall indicating types and location of
habitats (SWENVO, 2007)
Housebuilding in Cornwall is variable between districts but as figure 8 indicates
the total amount of new housebuilding has fluctuated between 2000-2500 in the
last 10 years. The population within Cornwall is projected to increase from
517,500 in 2004 to 565,900 in 2014 (ONS, 2004). The increase in local
population can affect the social and physical fabric of an area and combined with
an increase in household growth has created pressure on the house building
market.
21
Figure 8: House building in Cornwall between 1976-2006 (Cornwall
County Council, 2006)
Cornwall has also experienced the biggest increases in house prices between
1996-2006 as indicated by Table 2. This has affected the affordability of housing
for the majority of the local population.
Table 2: Indicating the increase in the average house price between
1996-2006 (HBOS, 2006)
County Region 1996 Average
Price
2006
Average Price
%
change
Cornwall South West 53,081 195,388 268%
Isle Of Anglesey Wales 44,998 158,527 252%
Ceredigion Wales 48,137 165,663 244%
Carmarthenshire Wales 44,348 152,049 243%
Caerphilly Wales 37,052 121,975 229%
Powys Wales 53,463 172,199 222%
Isle Of Wight South East 53,192 170,156 220%
Figure 9 indicates the spatial distribution of PDL sites in the South West of
England.
22
Figure 9: Spatial Distribution of Previously Developed Land in the South
West England (ODPM and English Partnerships, 2004)
Clustering of PDL can be seen around the urbanised areas of Bristol,
Bournemouth, Torbay, Plymouth and Redruth-Camborne-Penzance. Cornwall is
perceived to be a highly rural authority with the majority of the PDL sites likely to
be attributed to historic mining activities but Figure 5 indicates that they are
distributed throughout the County.
Cornwall has a sizeable proportion of ‘hardcore’ sites compared to the other
Counties in the South West. The clustering of ‘hardcore’ sites in Cornwall is
shown in Figure 6 and appears to be around the Redruth-Camborne-Penzance
areas which are located at the south westerly point of the main trunk road of the
A30. These areas have historically been actively mined and heavily
industrialised.
2.5.1 National Land Use Database Statistics and Cornwall
The NLUD project provides a framework for land use research and the
development of a comprehensive, complete and consistent source of land use
23
information at the national level based on a standard land use classification
(ODPM, 2006).
NLUD has progressed from National Land Use Classification (NLUC) in the 1970s
through Land Use Change Statistics (LUCS) in the 1980s to the current system.
The NLUD classification is the current system used to classify the previous and
existing land uses of sites recorded within the NLUD PDL data collection exercise.
The NLUD-PDL exercise is undertaken on an annual basis by each Local Planning
Authority. The full NLUD has not yet been fully enacted.
Figure 10 indicates the relative proportion of sites allocated by type based on
data collected during 2006. Since 2001 the relative proportion of PDL has
declined by 4% with vacant and derelict land decreased by 15% (DCLG, 2007d).
Figure 10: Previously Developed Land by Type for England 2006 (DCLG,
2007d)
Figure 11 indicates the relative proportion of sites allocated by type based on a
summary of data collected during 2005. In comparison with Figure 10 the data
for Cornwall indicates that a significantly large proportion of PDL consists of
derelict land and buildings, 88% compared to the national average of 28%.
24
Derelict land and
buildings
88%
Vacant Buildings
2%
Previously-
developed vacant
land 2%
Currently in Use
with permission or
allocation for
development 7%
Figure 11: Previously Developed Land by Type in Cornwall 2005
(summarised from NLUD, 2005)
Figure 12 clearly indicates the proportion of derelict land in each of the LA areas
in Cornwall with Restormel having the least and Kerrier and North Cornwall
retaining the largest proportions. Kerrier, along with Penwith, is located at the
Western peninsula of the County. Redruth, Camborne and Pool are within the
Kerrier district and several of the wards are listed on the Index of Multiple
Deprivation, 2000.
RESTORMERKERRIE L
25
CARRICK PENWITH
CARADON NORTH CORNWALL
LEGEND Classification of Land
Derelict Land & Buildings
Currently in use with permission or allocation for redevelopment
Vacant Buildings
Previously-developed vacant land
Figure 12: Previously Developed Land by type for each Local Authority
area in Cornwall in 2005 (summarised from NLUD, 2005)
Figure 12 indicates the type of PDL located in each Local Authority in Cornwall
and demonstrates that each authority contains a high proportion of derelict land
and buildings and limited sites with permission or allocation for redevelopment.
“Derelict land and buildings have a strong negative impact on an area and can
hasten its downwards spiral” (English Partnerships, 2006) and regenerating these
sites can “improve environmental conditions, reduce antisocial behaviour,
improve visual amenity and improve sense of place” (English Partnerships, 2006).
26
CHAPTER 3 REVIEW OF THE LEGISLATION, POLICY AND GUIDANCE
CONTROLLING BROWNFIELD REDEVELOPMENT
3.1 Introduction
The principle legislation controlling sustainable brownfield redevelopment is
contained within the planning system in terms of spatial distribution and
development of sites and infrastructure combined with the sustainable
development policies promoted by the Government.
The planning system in England operates on a number of levels and can be
complex when considering development at an individual site level. National
legislation and guidance form the overarching documents which are then
underlain by regional documents such as the South West Spatial Strategy,
Economic Strategy, Housing Strategy and Sustainable Development Framework.
This is followed by the County Structure Plan and Local Development documents.
Figure 13 is illustrative and demonstrates the number of institutional controls and
authorities that can affect sustainable brownfield development in Cornwall.
Figure 13: Illustrative map of institutional congestion in the control of
sustainable brownfield development (adapted from Catney et al, 2006)
27
28
The concept of sustainability is enshrined in European and UK political policy
alongside a commitment to re-use brownfield sites or previously developed land
(PDL). However how sustainable are the requirements of these policies at a local
level in Cornwall. This chapter evaluates the requirements of European, national,
regional and local policy with regards to sustainable brownfield development.
3.2 National Documents
3.2.1 The Role of Planning
The current planning legislation in England and Wales is the Planning and
Compulsory Purchase Act, 2004 (P & CP Act) which amended the Town and
Country Planning Act, 1990. Table 3 summarises the key aspects of the P & CP
Act, 2004 and whether they support sustainable brownfield development.
Planning Policy Statements (PPS) are prepared by Government and after public
consultation form the policy guidance documents that;
a. explain statutory provisions,
b. provide guidance to Local Authorities and others on planning policy,
c. provide guidance to Local Authorities and others on the operation of
the planning system.
They are significant documents as Local Authorities must take their contents into
consideration when preparing development plans and determining applications.
Table 4 indicates the number of PPS documents available and their relationship
and impact on sustainable brownfield redevelopment.
Table 3: Summary of key policy changes in The Planning and Compulsory Purchase Act, 2004 and
their relevance to sustainable brownfield development
Title Change from previous policy Relevance to Sustainable Brownfield Development
Local
Development
Orders
Enables Local Planning Authorities (LPAs) to grant
planning permission in advance for certain types of
development removing need for individual planning
applications
Will speed up the number of sites coming forward for redevelopment.
Could be used to promote ‘hardcore’ sites or brownfield sites to make
them more attractive to developers. No specific sustainability criteria
Duration of
Planning
Consent
Reduced from 5 years to 3 years Has prevented long term landbanking of sites with valid consent which
should have increased supply. Not specifically associated with
brownfield sites or sustainable development
Statutory
Consultees
These are now required to respond within 21 days Increases speed of application determination. Ensures concerns of
Consultees are adequately considered. Not specifically concerned with
brownfield sites or sustainable development
Plan
Development
Duty on plan making to contribute to the
achievement of sustainable development having
regard to national policies (Section 39, P & CPA,
2004)
Principles of sustainable development incorporated into all spatial
development strategies which could be expected to include brownfield
sites. No specific requirement to use development techniques to
achieve sustainable brownfield development
Simplified
Planning
Zones
Designation as SPZ grants planning permission for
the types of development it specifies within the
zone without the need for planning applications
Designed to promote urban regeneration by deregulating the planning
process in particular areas. Can be used to promote ‘hardcore’ sites
or areas of dereliction to make them more attractive to developers.
Strategic
Environmental
Assessment
(SEA)
All plans affecting the environment are required to
have an SEA which details the existing
environment and the potential impact of the
proposals on the development
Promotes sustainable development however does not specifically
promote the use of brownfield sites
29
Number Name Date of
Issue
Comment
Table 4: Current Planning Policy Statements (PPS)/Planning Policy Guidance (PPG) Active in England
Relevant to
Sustainable
Brownfield
Development
PPS 1 Delivering Sustainable Development 2005 Summarised in Section 3.2.1 √
PPG 2 Planning for Green Belts 2001 Aim of policy is to prevent urban sprawl and create
sustainable rural communities….. ‘assist in urban
regeneration by encouraging the recycling of derelict
and other urban land’
LPAs should consider sustainable development when
locating development and green belt boundaries
which should reflect future development needs
2007 Housing Green Paper proposes ‘no fundamental
change’ to PPS 2
√
PPS 3 Housing 2006 Summarised in Section 3.2.1 √
PPG 4 Industrial, Commercial Development and
Small Firms
1992 Government’s key aim is to encourage continued
economic development alongside a high quality
environment.
When allocating land LA’s must ensure;
- land well served by infrastructure
- promotes re-se of PDL
- discourage development in areas that may
increase congestion
- land readily capable of being developed
√
PPG 5 Simplified Planning Zones 1992 Effective in older areas to promote regeneration and
encourage economic activity
SPZs should reflect social, economic and
environmental considerations
Speeds up planning process
No specific reference to sustainable brownfield
development
?
30
Number Name Date of
Issue
Comment Relevant to
Sustainable
Brownfield
Development
PPS 6 Planning for Town Centres 2005 LA’s should focus development in existing centres
and provide high quality and safe environment.
- encourages use of PDL
- locate development with existing public
transport
- undertake Local Needs Assessment
- provide spaces and buildings that are fit for
purpose, comfortable, safe, attractive,
accessible
√
PPS 7 Sustainable Development in Rural Areas 2004 Re-use or convert existing buildings whilst
preserving architectural or historic interests
Support farm diversification to maintain local
economies
√
PPG 8 Telecommunications 2001 Governments policy is to facilitate the growth of
telecommunications whilst minimising environmental
impact and protecting public health
No sustainability criteria are specifically included
Development likely to be required on greenfield sites
X
PPS 9 Biodiversity and Geological Conservation 2005 Promotes sustainable development by ensuring that
biological and geological diversity are conserved and
enhanced
Policy contributes to rural renewal and urban
renaissance
√
(Potential conflict
with PDL re-use
policy for new
developments –
balance required to
ensure fully
sustainable
development)
31
Number Name Date of
Issue
Comment Relevant to
Sustainable
Brownfield
Development
PPS 10 Planning for Sustainable Waste
Management
2005 Promotion of waste hierarchy
Priority given to PDL for location of waste facilities
Promotes principles of sustainable development from
Securing the Future, 2005
√
PPS 11 Regional Spatial Strategies 2004 Forms overarching spatial planning framework
Aim is to contribute to achievement of sustainable
development
Includes sustainability appraisal based on PPS1
√
PPS 12 Local Development Frameworks 2004 Forms spatial planning framework at local level and
ensures most efficient use of land within context of
sustainable development
LDF policies should integrate economic, social and
environmental needs of the area
Promotes good sustainable design
√
PPG 13 Transport 2001 Provide safe, efficient and integrated transport
system that supports sustainable development
Aim is to provide a transport system that allows
people to make sustainable choices thereby reducing
congestion and pollution
√
No specific
reference to
brownfield
development and
Greenfield and
Green Belt
development
permitted for Park
and Ride schemes
where appropriate
PPG 14 Development on Unstable Land 1990 X
PPG 15 Planning & the Historic Environment 1994 Encourages re-use of neglected historic buildings √
32
Number Name Date of
Issue
Comment Relevant to
Sustainable
Brownfield
Development
PPG 16 Archaeology and Planning 1990 X
PPG 17 Planning for Open Space, Sport and
Recreation
2002 Open spaces, recreation and sport underpin people’s
quality of life. New space should meet the
regeneration needs of areas using brownfield in
preference to greenfield. Effective open space
ensures;
- needs of local communities are known
- good design to prevent crime
- promote compatibility with adjoining land
uses
- promote social inclusion and community
cohesion
√
PPG 18 Enforcing Planning Control 1991 X
PPG 19 Outdoor Advertisement Control 1992 X
PPG 20 Coastal Planning 1992 Undeveloped coast should not be used for new
development
Developed coast can be used for restructuring and
regeneration of rundown towns and ports whilst
taking account of erosion and flooding
√
PPS 22 Renewable Energy 2004 Does not have sequential approach for locating
renewable energy developments however promotes
use of PDL even when site may be unsustainable for
other uses
Development can be located in Green Belt where
environmental benefits of energy resource outweigh
loss of green space
√
33
34
Number Name Date of
Issue
Comment Relevant to
Sustainable
Brownfield
Development
PPS 23 Planning and Pollution Control 2004 Allocation of potentially polluting activities away
from sensitive land uses
Deals with land affected by contamination as
development offers opportunity and resources to
deal with remediation
√
PPG 24 Planning and Noise 1994
PPS 25 Development and Flood Risk 2006 Sequential risk based approach to allocate land in
low flood risk areas especially vulnerable
development
Promotes principles of sustainable development
including allowance for climate change and use of
Sustainable Urban Drainage systems
Conflicts with PDL re-use requirements for new
development as PDL is often within the flood zones.
Development only permitted when exception test is
passed
√
The Barker Review of Land Use Planning in 2006 consisted of a review of the
planning system in England (Barker, 2006). It identified that local, regional,
national interests, environmental issues and economic growth need to be
considered when making planning policies and determining applications (Barker,
2006) therefore considering the four pillars of sustainability outlined in section
2.3.2.
The Review made key recommendations:
- Streamlining of policy and processes
- Updating national policy on planning for economic development
- Introduce a new system for dealing with major infrastructure projects
- Promote a positive planning culture with the plan-led system
- In the context of the Lyons inquiry into Local Government to consider
enhancing fiscal incentives to ensure an efficient use of land
- Ensure new development beyond towns and cities occurs in the most
sustainable way, taking a more positive approach to applications that will
enhance the quality of their green belts.
- A more risk-based and proportionate approach to regulation
- Remove the need for minor commercial development to require planning
- Support ‘town centre first’ policy but remove requirement to demonstrate
need for development.
- Consider how fiscal incentives can be better aligned to ensure local benefit
of economic growth.
- Reduce Secretary of State call-ins.
- Ensure sufficient resources for planning available and linked to
performance
- Enhance efficiencies in processing applications
- Speed up appeals system
- Improve skills
(Barker Review, 2006)
Following the Barker Review the Prime Minister in July 2007 declared an increase
in the annual house building target from 200,000 to 240,000 in an attempt to
tackle the housing crisis (Brown, 11 July 2007).
The Prime Ministers statement from 11th
July 2007 proposed 3 new bills to
increase housing supply and implement the recommendations of the Barker and
Eddington Transport Reviews (Brown, 11 July 2007):
35
• Housing Bill – proposed merger between English Partnerships and the
Housing Corporation to create new homes agency. The agency will be
tasked with bringing forward surplus public sector land for housing and
specifically increase the supply of affordable housing.
• The Planning Bill – Speed up the planning process thereby increasing the
amount of development and specifically major infrastructure projects
required to ensure the creation of sustainable communities
• The Planning Gain Supplement Bill – to ensure the local community
receive benefit from planning gain
Planning and Housing Development
PPS3 provides the national planning framework for the development of housing in
England. It amends Planning Policy Guidance (PPG) 3 and was developed partly
in response to the Barker Review of Housing Supply in 2004 and specifically in
regard to the delivery of more homes whilst providing local authorities with
greater flexibility.
PPS3 is the key piece of planning policy that dictates how, where and what type
of housing is developed in England. Its interpretation into Local and regional
planning strategies and policies is fundamentally crucial to the successful
redevelopment and regeneration of sites and communities.
This policy has maintained the 60% target for new development to be delivered
on PDL that was first indicated by the Government in 1998. The original proposal
was to achieve this target by 2008, a target that has been achieved in England
for the last 5 years as indicated by Figure 4 in Chapter 2.
Concern has been raised by organisations such as Campaign for the Rural
Protection of England (CPRE) that this target should be raised to 80% to further
encourage developers and planning authorities to direct their attention firmly on
PDL and reduce the pressure on greenfield sites.
A key element within PPS3 which stemmed from the Barker Review of Housing
Supply 2004 is that it has re-opened the greenfield argument and has in fact
allowed greenfield development to be explored to enable housing targets to be
met should there be an identified lack of PDL available. A critical factor is that
PPS3 does not allow ‘windfall’ sites to be included within the first 10 years of land
36
supply. As a consequence many Local Authorities are claiming that they do not
have sufficient quantities of PDL to enable housing requirements to be met. This
is indicated in the South Hams district in South Devon which is a Local Authority
that has met the Government 60% target for the last few years yet claims to
have insufficient PDL in the district. The ability to meet the 60% target has been
through the development of ‘windfall’ sites which in future cannot be included
therefore indicating that green field development may be allocated. This would
appear to be contrary to the brownfield policies supposedly enshrined in the UK
through PPS3 (DCLG, 2006d).
There is significant scope within the interpretation of PPS3 to allow for Local and
Regional variations. For example, achieving a successful and sustainable mix of
housing should be based upon Local Strategic Housing Market Assessments
(SHMA) and other local evidence. This will allow for the type of households likely
to require housing and should relate to the economic and social aspirations for
the region and local areas thereby ensuring development is sustainable. It will
also identify the likely amount of affordable housing provision required for the
area. A significant issue with the provision of the SHMA by each Local Authority
(LA) is the evidence base for how they are derived and the resources required to
develop and maintain them. The SHMA has the potential to ensure development
appropriate and sustainable for the area but they may also inhibit development
making sites uneconomical to develop with unrealistic requirements for affordable
housing, housing mix and density. It has been argued that market forces decide
what is appropriate where the private sector are well placed to advise. The
publication of the SHMA by local authorities must consider the market forces for
the area otherwise there remains significant potential for economically unviable
sites and unsustainable communities.
Table 5 summarises the key policies within PPS3 and assesses their relevance to
sustainable brownfield development.
37
Table 5: Key Policies and objectives of PPS3 and their relevance to
Sustainable Brownfield Development (SBD) (Summarised from DCLG,
2006d)
Policy Objectives Relevant
to SBD
Achieve High Quality
Housing
Ensure development reflects the planning
guidance for Climate Change and the Code for
Sustainable Homes
√
Promote Design Codes √
Achieve a Mix of
Housing
Determine the likely percentage of affordable
and market housing √
Identify likely profile of householder types
Identify size and type of affordable housing
Ensure proposed mix on strategic sites
achieves local aspirations and on smaller sites
it contributes to wider area aspirations
Market Housing Identify the need for low-cost market housing
Affordable Housing Set the local target for amount of affordable
provision
Set local targets for social-rented and
intermediate affordable housing
Specify size and type of housing for areas and
if necessary on site-specific basis √
Set minimum site size thresholds
Determine the approach for seeking developer
contribution ie. On-site, off-site or financial
provision
√
Making Effective Use of
existing Housing stock
Provide an Empty Homes Strategy
√
Where appropriate utilise Compulsory Purchase
powers √
Assessing an
appropriate level of
housing
PPS 3 suggests that Regional Spatial Strategies should dictate the regional
approach to addressing affordable housing needs. This should include an
affordable housing target for the region and each housing market area.
PPS3 has set a national indicative minimum site size threshold of 15 dwellings
before affordable housing provision is required (DCLG, 2006d). However there is
further scope for Local Planning Authorities (LPA’s) to set lower minimum
thresholds if there is an identified local need. Within the Local Development
documents, LPA’s should set an overall target for the amount of affordable
housing to be provided (DCLG, 2006d).
Figure 14 indicates an example of the costs associated with the provision of
affordable housing using a current case study.
38
Affordable Housing Provision Case Study
Site Use Existing Fuel Filling Station and Car Sales
Commercial Site Value £750,000
Proposed Use 24 Speculative Units
Planning Status Planning Application Registered May 2007
LA Affordable Housing Threshold 25 units May 2007
LA Affordable Housing Threshold 15 units July 2007
________________________________________________
Scenario 1 – 24 Speculative Units
No Affordable Provision
Gross Land Value £1,036,509.31
Abnormal Costs £129,475.00
Net Land Value £928,976.85
________________________________________________
Scenario 2 – 28 Speculative Units
40% Affordable Housing Provision (Shared Equity)
Gross Land Value £1,233,582.42
Loss of sales revenue on non-spec £1,159,819.52
Non-spec Incomes/costs £845.500.47
Abnormal Costs £129,475.00
Net Land Value £767,650.37
________________________________________________
Scenario 3 - 28 Speculative Units
20% Affordable Housing Provision (Shared Equity)
20% Affordable Housing Provision (Rent)
Gross Land Value £1,241,089.31
Loss of sales revenue on non-spec £1,159,819.52
Non-spec Incomes/costs £709,000.47
Abnormal Costs £129,475.00
Net Land Value £655,607.26
_______________________________________________
Scenario 4 - 14 Speculative Units
No Affordable Provision
Gross Land Value £804,423.20
Abnormal Costs £129,475.00
Net Land Value £693,488.15
Figure 14: Case Study Example of the Costs of providing Affordable
Housing
39
The planning application was submitted while the LA planning policy had a
affordable housing threshold of 25 units. Prior to the determination of the
application the LA changed their policy to 15 units and as it was in line with PPS3
they were able to introduce it as Supplementary Planning Guidance without
consultation with stakeholders. Figure 14 demonstrates the financial effects of
this policy change and the effect on land value. The preferred option is for
affordable provision is 50/50 shared equity and rental housing; however Figure
13 indicates the difference in costs of providing 100% shared equity and 50/50
split on flats.
As a result of the change in affordable housing policy the site is unlikely to be
sold for residential development as the vendor is able to sell the site as an
existing business for £750,000. This could therefore impact on the amount of
development land being made available for residential development and will
therefore reduce the amount of brownfield development.
Planning and the Principles of Sustainable Development
In 1992 world governments committed to sustainable development at the Rio
summit with the UK producing a national strategy in 1994 known as Sustainable
Development, the UK Strategy (DOE, 1994c). This was consolidated in 1999 with
the publication of A Better Quality of Life (DETR, 1999a) which outlined the
processes and proposals to deliver sustainable development measured using
economic, social and environmental indicators. This also incorporated the key
objectives of the European Unions Sustainable Development Strategy.
The four central aims of the 1999 strategy were:
Social progress which recognises the needs of everyone
Effective protection of the environment
Prudent use of natural resources
Maintenance of high and stable levels of economic growth and
employment (DETR, 1999a)
The aims and indicators of the 1999 Strategy have been reviewed in the UK
Governments 2005 strategy Securing the Future; Delivering the UK sustainable
development strategy (HM Government, 2005) with specific indicators for the use
of PDL and density of new developments.
40
The overarching policy on delivering sustainable development through the
planning system is Planning Policy Statement (PPS) 1: Delivering Sustainable
Communities (DCLG, 2005b). Planning has a key role to play in the development
of sustainable brownfield sites and the creation of sustainable communities as it
forms a core principle underpinning the planning system.
Specific requirements within PPS1 relevant to sustainable brownfield development
in Cornwall are;
Development plans should promote socially cohesive development
designed for the diverse needs of the community
Protect and enhance historic and natural environment with re-use of PDL
at higher densities and mitigation of pollution/contamination
Ensure suitable locations for high quality, sustainable housing, retail,
tourism, commercial and leisure facilities with sustainability concepts
enshrined in their design and construction and availability of appropriate
infrastructure
Integrate concepts of sustainable development within Regional Spatial
Strategies and Local Development Documents which provide the
framework for delivering sustainable development
Promote high quality inclusive design to create attractive and useable
spaces that will last and can adapt to changing needs of the community
Increasing community involvement at each stage of the planning system
to ensure proposals reflect the needs and aspirations of the communities
(DCLG, 2005b)
Sustainable development is intrinsically linked to PPS3 and a significant objective
within PPS3 is to “create sustainable, inclusive, mixed communities in all areas,
both urban and rural” (DCLG, 2006d).
Planning Obligations/S106 Agreements
The Regional Spatial Strategy defines the planning obligations policies at the
regional and sub-regional level. Local Development Documents must generally
conform to the regional policy which allows developers to plan for likely planning
obligations prior to submission of applications.
41
A large proportion of land acquisitions where no planning agreement is in place,
tend to be accepted on a ‘subject to securing positive planning agreement’ and
therefore planning obligations are unlikely to be an issue prior to acquisition of
land. They do however impact on the economic viability of site development.
Planning obligations are private agreements between Local Authorities and land
owners or developers. They are used to:
Prescribe the nature of the development
- Affordable Housing Provision
- Presumption is to provide on-site affordable provision
• Compensate for loss/damage caused by a development
- provision of green space within the development
- financial provision for green space off-site
- provision for loss of ‘rights of way’
• Mitigate a developments impact
- increased public transport provision
- provision for local schools
- provision for children’s play areas
- additional community facilities
(ODPM, 2005a)
Contributions to satisfy the planning obligation can be in kind or a financial
contribution. They can also include single payments, phased payments,
maintenance payments and pooled payments involving contributions from a
number of developments. Pooled payments are often used for large
infrastructure provision such as significant highway development or flood
mitigation measures.
Section 106 agreements are often financially significant and Local Planning
Authorities need to balance the local need for development and the local need for
any contributions. LPA’s must not be unreasonable in their requests. Obligations
can be reduced to reflect the abnormal costs often associated with brownfield
sites but they do not directly reflect any sustainability criteria in the method they
are collected or allocated within the community. They are however used to
deliver infrastructure such as transport networks, schools etc and are therefore
42
being applied to ensure new development is more likely to be sustainable. Their
allocation should be restricted within the zone of influence of new development.
If Planning Gain Supplements are introduced then s106 agreements will be
reduced and relate predominantly to the physical environment of the
development site and affordable housing.
3.2.2 Building Act, 1984 and Building Regulations
The Building Act is the primary legislation under which the Building regulations
are made. The Building regulations have been revised a number of times since
1991 with the most recent revision in 2007 relating to the Energy Performance of
Buildings reflecting the Governments commitment to the climate change agenda.
The Building Regulations 2000 control all building work and therefore a further
tier of regulation that effects sustainable brownfield development.
Table 6 indicates the specific requirements of the Building regulations that relate
to sustainable brownfield development
Table 6: Summarised parts of Building Regulations relating to
sustainable brownfield development
Part Section Relevant to
sustainability
Relevant to
brownfield
Relevant to
development
A: Structure A2 Ground
Movement
√ √
C: Site Preparation
& Resistance to
moisture
C1 Preparation of
site √ √
C2 Dangerous &
Offensive substances
√ √
C3 Subsoil drainage √ √
L: Conservation of
Fuel and Power
L1
√ √
Part L is aimed at improving energy efficiency and delivering significant carbon
savings. The Sustainability and Secure Buildings Act (OPSI, 2004c) is designed
to focus Building Regulations on addressing the sustainability of new buildings
Code for Sustainable Homes
The code has been introduced following the overwhelming evidence regarding
climate change and energy use. Its primary purpose to drive changes in
43
sustainable home building practice and forms the standard for key design and
construction elements which affects how sustainable a new home is following
occupation.
The standard reflects the occupation of new homes and provides for high
standards of sustainable living as society moves towards zero-carbon home. It
will form the basis of developments in the Building Regulations with regards to
energy use and carbon emissions. The costs of implementing the code can be
significant and independent research has demonstrated that bringing new homes
up to Code 5 of the Code for Sustainable Homes costs £26,000 to £36,000
(English Partnerships, 2007).
Although voluntary the Code is a clear political commitment to sustainable
development from the point of occupation. Public-Private partnerships are
designing new schemes in accordance with the Code. There is however a
significant omission in the Code which reflects the sustainability of the building
materials and methods of construction and remediation technologies used to
construct the projected new homes. The Code is also applicable to all
development and does not differentiate between greenfield and brownfield sites.
3.2.3 Waste Management Legislation, Policy and Guidance
The EU Landfill Directive 1999 was transposed in UK legislation as Landfill
Regulations in 2002 (OPSI, 2002). The aim of the Directive and therefore the
Regulations is to reduce the negative effects of landfilling on the environment and
human health.
Under the Regulations there are set procedures and criteria for waste acceptance
at landfills and landfills have been classified into three categories:
• Inert
• Non-hazardous
• Hazardous
The difficulty for brownfield redevelopment is waste disposal for remediation and
construction arisings. The nearest hazardous waste disposal site in the south
west is located in Cheltenham or Swindon, a significant distance from Cornwall.
This is likely to increase development costs on contaminated brownfield sites in
44
Cornwall where landfill disposal is the chosen remedial technique. The fiscal
incentives of Land Remediation Relief and Landfill Tax exemption are available to
off-set these additional costs.
Table 7: List of Waste Management legislation and policy and the impact
on sustainable brownfield redevelopment in England
Name Date
of
Issue
Relevance to Sustainable Brownfield Development
Hazardous Waste (England
and Wales) Regulations
2005 Defines hazardous waste and controls movement and
records
Requirement to notify of removal of hazardous waste
produced on a development site
Relevant to development of brownfield sites where
contaminated however contains no sustainability
provisions
Landfill (England and Wales)
Regulations
2002 Classifies landfills into hazardous, non-hazardous and
inert which is relevant to the remediation of
contaminated sites
Specifies the Waste Acceptance procedures for landfilling
of wastes from brownfield development sites
Landfill (England and
Wales)(Amendment)
Regulations
2004 Replace waste acceptance criteria (WAC) and procedures
which are relevant to remediation of contaminated sites
Landfill (England and
Wales)(Amendment)
Regulations
2005 Sets WAC for monolithic waste – relevant to use of
remediation techniques prior to landfill
Set limits for inert waste for Polyaromatic Hydrocarbons
(PAHs) relevant for landfill disposal
The Environmental
Protection (Duty of Care)
Regulations
1991 Relevant to removal and deposit of waste from
development site
The List of Wastes (England)
Regulations
2005 Classification of waste from brownfield development sites
The provision of the legislation listed in Table 7 promotes sustainable
redevelopment of brownfield sites in that it discourages the use of landfill as a
remediation technique. However there currently remains a need for landfilling of
certain wastes and dependant on individual site circumstances (insufficient time
or space for treatment based technologies).
The Landfill Regulations are likely to increase the development costs for
brownfield sites although it is hoped that they will reduce the dependence on ‘dig
and dump’ and utilise treatment based technologies. Section 3.2.4 discusses the
concerns regarding sustainability of remediation technologies.
There is currently a ban on the re-use of hazardous waste within a site once it
has been excavated therefore forcing this waste to be landfilled.
45
Cluster, Hub sites and soil treatment centres have been proposed as alternatives
to landfill whilst offering removal of liability from sites, increasing the speed of
development and removing the requirement for treatment space within the
development site.
3.2.4 Pollution Control/Remediation Permits and Technical Guidance
These tend to be involved in the redevelopment of contaminated sites and
include:
Mobile Treatment Licences (MTL)
Land Drainage Consents
Waste Management Exemptions
Discharge Consents
They do not have specific sustainability criteria applied such as energy use, waste
generation and therefore form a regulatory control on construction and
remediation activities on brownfield sites but do not contribute to the
sustainability agenda.
The guidance contained within CR11 and specifically Options Appraisal provides
significant control mechanisms for selecting remediation technologies during the
redevelopment of contaminated sites. During the Options Appraisal minimum
consideration is given to the sustainability of each technology for the site through
the setting of site specific objectives. There is scope for this to be further
advanced to ensure that the most appropriate technique for the site is selected
based upon feasibility, cost and time with sustainability criteria applied at each
stage. In the correct circumstances landfill may be the most sustainable
technique due to the ‘real’ costs of operating soil treatment technologies such as
energy usage and particulate and gaseous emissions. There is a growing concern
that the carbon footprint of each technique should be evaluated for each site to
ensure the most sustainable remediation technology is utilised.
Historically the main issues when selecting a remediation technique has been cost
and feasibility and alternatives to ‘dig and dump’ have often been considered as
sustainable as they have reduced impacts from excavation and disposal to
landfill. However, awareness is growing regarding the carbon footprint of each
technique and although environmental impact and cost benefit analyses are used
to assess sustainable brownfield redevelopment, CLAIRE (Contaminated Land:
46
Applications in Real Environments) suggests that a “life-cycle based approach is
necessary in order to fully assess the true impacts of remediation” (CL:AIRE,
2007).
3.3 Regional Documents
3.3.1 Regional Planning Guidance
The South West region needs economic and social growth to provide the housing
and facilities needed by the regional population. The distribution of new
development and infrastructure is indicated within Regional Planning Guidance
(RPG) 10.
The Regional Planning Guidance for the South West is detailed in RPG10 and
recognises that the south west can be broadly divided into 4 spatially defined
areas. The western sub-region represents the majority of Cornwall where there is
a need for strong policies and action to tackle long term and deep seated
economic and social problems, accentuated by the peripherality of the County
(GOSW, 2001).
The document sets out the broad development strategy and provides the spatial
framework for other strategies such as the Regional Housing Strategy. It must
consider the Regional Sustainable Framework which has set the regional vision
for achieving sustainable development.
Sustainability is a continuing thread throughout the Spatial Strategy with the aim
of balancing the social, economic and environmental needs of the region through
the allocation of land.
The Spatial Strategy has a crucial role to play in the sustainable development of
brownfield sites in Cornwall as it is the regional guidance for land allocation and
infrastructure provision. It specifically guides each Local Authority in provision of
their Development Plans and directs the concentration of new development within
the 11 identified Principle Urban Areas (PUA) as the most sustainable method of
ensuring future growth of the area without compromising other needs. It also
encourages LA’s to recognise the needs of the area and the promotion of
‘sustainable patterns of development’ (GOSW, 2001). No PUA has been
designated in Cornwall however the Camborne-Redruth area has been recognised
47
as an area for growth and regeneration and an Urban Regeneration Company has
been created for this area.
In areas of the region outside of Cornwall development has jumped designated
green belt land which has led to unsustainable growth of commuter towns and
villages. The RPG’s view is that to achieve sustainable growth of the region
development should be concentrated within the PUA’s and green belt boundaries
may need to be reviewed. The spatial strategy takes account of the great
diversity of the region in terms of planning, environmental, social and economic
issues (GOSW, 2001) and development and infrastructure is located accordingly.
3.3.2 Regional Spatial Strategy (RSS) for the South West
The RSS is the first stage in the two-tiered plan system currently used in England
and Wales. It was introduced through the Planning and Compulsory Purchase
Act, 2004 and sets out the overarching spatial planning strategy for a region for
the long term future.
The RSS for the South West is currently a draft document but will supersede
RPG10:2001 following its adoption and is therefore relevant when considering the
potential impact of legislation and guidance on future sustainable brownfield
development in Cornwall.
The key challenge within the RSS is to maintain and encourage economic growth
and meet the needs of a growing and changing population whilst ensuring
protection of the diverse environment. The aim is to locate development in
places where jobs and homes can be more in balance (SWRA, 2006) with
appropriate infrastructure thereby reducing the dependence on car travel and
vehicle emissions. The concern within the RSS remains the provision of funding
for social, health, education and transport infrastructure to support the increased
levels of development required for the region and without suitable infrastructure
development, even on brownfield sites is unlikely to be fully sustainable.
The RSS has been developed in parallel with the Regional Economic Strategy as
they are intrinsically linked.
48
The Strategic Sustainability Assessment process has been applied at each stage
in the development of the RSS satisfying the requirements of PPS11 and ensuring
that proposals are sustainable.
The draft RSS takes into consideration the vision for the region outlined within
the Regional Sustainable Development Framework, 2001:
‘the South West must remain a region with a beautiful and diverse environment.
By working together and applying the principles of sustainability we can achieve
lasting economic prosperity and social justice whilst protecting the environment.
This approach will secure a higher quality of life now and for future generations.’
Figure 15: The Five inter-linking aims of the Draft RSS (SWRA, 2006)
The sustainability context for the RSS is set within four high level Sustainable
Development policies and these underpin the interlinking policies indicated in
Figure 15.
The RSS suggests that 7,500 affordable homes will be provided within the region
per year until 2026. It suggests LA’s should seek to secure a minimum of 30%
affordable housing provision each year across housing developments rising to
60% in areas where there is a greater need. It also suggests that the density of
housing developments should exceed 30 dwellings per hectare to facilitate the
49
provision of sustainable transport systems which may be hindered with a lower
development density.
The RSS would appear to contribute to the sustainable development of brownfield
sites within Cornwall though the setting of a framework for managing growth and
change is a sustainable manner and creating sustainable communities.
3.4 Cornwall Documents
3.4.1 Cornwall County Structure Plan, 2004
The Structure Plan forms a key element of a framework of policies that together
form the basis of planning decisions. It sets out the long term strategy for
development in Cornwall and considers local priorities for the economy, transport
and the environment. The County wide priorities and policies are interpretated at
a local level through Local Development Documents.
‘Development should bring about a long term and sustainable improvement to
Cornwall’s economic, social and environmental circumstances without harming
future opportunity’ (CCC, 2004)
The Structure Plan identifies a County housing need of approximately 29,500 new
dwellings between 2001-2016 with an annual average of 1,970 (CCC, 2004). The
Structure Plan and policies contained within it will be replaced by the RSS
currently in preparation.
The priority for Cornwall is to focus development in existing built-up areas of
towns and villages with priority given to previously developed sites. However the
Plan only indicates a target of 40% of Cornwall’s housing development on
brownfield sites which is significantly lower than the national target of 60%. No
brownfield development targets are provided for employment, tourism and
recreation land uses.
A key requirement of development in the Cornwall area is that it must ‘contribute
towards sustainable development and the enhancement of the quality of life in
Cornwall’ and protect the ‘rich and diverse character is the bedrock upon which
sense of place and quality of life is founded’ (CCC, 2004).
50
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MRes_2005_POOLE_PROJECT

  • 1. A critical evaluation of the financial incentives available for the sustainable redevelopment of brownfield sites and the legislation and policy that governs such development by Glynnis L. K. Poole Dissertation presented for the Degree of MRes in Contaminated Land Management Land Quality Management Group School of Geography University of Nottingham 2007 Approximate number of words 25,500 I am aware of the University’s policy on plagiarism and I confirm that the work presented in this dissertation is entirely my own. Signed.............………..... Date..............
  • 2. Acknowledgments I would like to thank my employer Midas Homes Ltd for their continuing support throughout the last 12 months without which I would not have been able to complete the course. Thanks you also to my tutor Paul Nathanail for his guidance throughout the last 2 years and without which I would not be the hopeful contaminated land professional I have become. Lastly huge thanks must go to my colleagues on the MRes 2005 cohort who have been ‘rocks’ through difficult and stressful times. I have had the pleasure of making some very good friends who I have no doubt will remain good friends in the future. And it goes without saying that my family, friends, long-suffering partner, 2 cats and a dog have made a massive difference and provided the much needed support away from work and university.
  • 3. ABSTRACT This thesis aims critically evaluate whether the overall effect of government policy is to encourage or hinder sustainable brownfield redevelopment in Cornwall. It includes an examination of the views and attitudes of the residential development industry in the South West of England’s towards brownfield development in Cornwall The research consisted of a two-stage process involving: • Literature review of sustainable and brownfield policy, legislation and financial incentives • A survey of residential developers with an office base within South West England carried out in mid-2007 The literature review indicates that brownfield development is encouraged through legislation and policy at a national, regional and Cornwall level. The provision of financial incentives encourages brownfield development although the results of the survey indicate that they are not frequently used and knowledge of them is limited. There does however, seem to be a lack of encouragement for sustainable brownfield development. The results suggest that the housebuilding industry in the South West of England is routinely developing brownfield sites and there does not appear to be any specific barriers to brownfield development in Cornwall. The results suggest that the implications of national policies such PPS 3 for Housing are now being implemented at a local level and due to the use of the residual land valuation process are having an impact on land values. The survey was based on a sample which represents 13% of annual house building completions in the South West of England and the responses were provided by a range of company sizes. Non-response was an issue and further research is required to obtain a truly representative view on this subject from the house building industry. The research suggests that Government policy needs to reinforce the concepts of sustainability in brownfield development. It also recommends that a set of sustainability indicators/criteria should be provided for the allocation of funding to focus support towards sustainable brownfield redevelopment
  • 4. i TABLE OF CONTENTS Acknowledgements Abstract Table of Contents (i) List of Figures (iv) List of Tables (v) Glossary of Terms (vii) 1 Chapter 1 Introduction 1.1 Introduction and Background to this Research……………………………… 1 1.2 Aim of the Project…………………………………………………………………………… 2 1.3 Objectives………………………………………………………………………………………… 3 1.4 Research Methodology……………………………………………………………………… 3 1.5 Report Structure………………………………………………………………………………. 4 2 Chapter 2 The Development of Sustainable Brownfield Development 2.1 Housing Development and the Growth of the Planning System pre- 1940s……………………………………………………………………………………………….. 6 2.2 Housing and the Development of the Planning System post-1940s. 7 2.3 Defining sustainable brownfield development………………………………… 11 2.3.1 Definition of ‘Brownfield’ Land……………………………………………….. 11 2.3.2 Definition and Growth of the term sustainable’…………………….. 13 2.3.3 Definition of ‘Sustainable Brownfield Development’……………… 15 2.4 The Quantity and Use of Previously Developed Land in the UK……. 16 2.5 Sustainable brownfield development in Cornwall…………………………… 18 2.5.1 National Land Use Database Statistics and Cornwall……………. 23 3 Chapter 3 Review of the Legislation, Policy and Guidance controlling Brownfield Development 3.1 Introduction……………………………………………………………………………………… 27 3.2 National Documents………………………………………………………………………… 28 3.2.1 The Role of Planning………………………………………………………………. 28 3.2.2 Building Act, 1984 and Building Regulations………………………… 43 3.2.3 Waste Management Legislation, Policy and Guidance………….. 44 3.2.4 Pollution Control/Remediation Permits and Technical Guidance……………………………………………………………………….. 46 3.3 Regional Documents……………………………………………………………………….. 47
  • 5. ii 3.3.1 Regional Planning Guidance…………………………………………………… 47 3.3.2 Regional Spatial Strategy for the South West……………………… 48 3.4 Cornwall Documents………………………………………………………………………. 50 3.4.1 Cornwall Structure Plan, 2004……………………………………………… 50 3.4.2 Local Development Documents……………………………………………. 52 4 Chapter 4 Review of the Financial Incentives and Provisions available for Sustainable Brownfield Development in Cornwall 4.1 European Structural and Cohesion Funds……………………………………… 55 4.2 Finance Act, 1996 & 2001 and the Urban White Paper, 2000……… 61 4.2.1 Landfill Tax Exemption…………………………………………………………. 61 4.2.2 Land Remediation Tax Relief……………………………………………….. 62 4.2.3 Stamp Duty Exempt Areas…………………………………………………… 63 4.3 State Aid………………………………………………………………………………………… 64 4.4 Investments Frameworks for Regeneration…………………………………… 65 4.4.1 Public Private Partnerships………………………………………….………… 65 4.4.2 Joint Ventures………………………………………………………………………… 66 4.4.3 English Cities Fund…………………………………………………………………. 66 4.4.4 Urban Regeneration Companies……………………………………………. 67 5 Chapter 5 Data Collection 5.1 Introduction……………………………………………………………………………………. 68 5.2 Methodology…………………………………………………………………………………… 68 5.3 Housing Developers Questionnaire………………………………………………… 70 6 Chapter 6 Analysis of Survey Data 6.1 Introduction……………………………………………………………………………………. 78 6.2 Survey Response Rate…………………………………………………………………… 78 6.3 Detailed Analysis of Questions……………………………………………………… 79 7 Chapter 7 Discussion of Survey Results 7.1 Introduction…………………………………………………………………………………… 89 7.2 Does the legislation and policy promote sustainable brownfield development?................................................................... 89 7.3 Does the provision of financial incentives and provisions promote sustainable brownfield development?.................................... 92
  • 6. iii 8 Chapter 8 Conclusions 8.1 Limitations of Research…………………………………………………………………… 97 8.2 Conclusions of Research…………………………………………………………………. 98 8.3 Further Research……………………………………………………………………………. 101 8.4 Recommendations…………………………………………………………………………… 101 References Appendix 1 Example of the Questionnaire Appendix 2 Questionnaire Results
  • 7. iv LIST OF FIGURES Figure 1: Number and Composition of Households: England: 1971-2016 (ODPM, 2003) Figure 2: The Dimensions of Sustainability (RESCUE, 2005b) Figure 3: Brownfield Regeneration: Bath Model (Cabernet, 2007) Figure 4: Proportion of new dwellings on previously developed land (DCLG, 2007) Figure 5: Map indicating the location of Cornwall in the South West region and the extent of operations of the SWRDA (SWRDA, 2007a) Figure 6: Map indicating the Local District Authority areas in Cornwall (GOSW, 2007) Figure 7: The Nature Map for Cornwall indicating types and location of habitats (SWENVO, 2007) Figure 8: House building in Cornwall between 1976-2006 (Cornwall County Council, 2006) Figure 9: Spatial distribution of previously developed land in the SW England (English Partnerships, 2004) Figure 10: Previously Developed Land by Type for England 2006 (DCLG, 2007d) Figure 11: Previously Developed Land by Type in Cornwall 2005 (summarised from NLUD, 2005) Figure 12: Previously developed land by type for each Local Authority area in Cornwall in 2005 (summarised from NLUD, 2005) Figure 13: Illustrative map of institutional congestion in the control of sustainable brownfield development (adapted from Catney et al, 2006) Figure 14: Case Study Example of the Costs of providing Affordable Housing Figure 15: The Five inter-linking aims of the Draft RSS (RSS, 2006) Figure 16: Relationship between remediation costs and end-use value at economically viable, marginally viable and non-viable brownfield sites (Nathanail et al, 2005) Figure 17: Indicates the Funding Status of Regions within the UK between 2000-2006 and 2007-2013 Figure 18: UK Vision for Structural Funds Spending (DTI, 2006) Figure 19: Respondents preference for land type Figure 20: Respondents knowledge of financial incentives and provision available for brownfield development (given as a percentage of the total number of respondents) Figure 21: Response to whether the provision of Land Remediation Relief has encouraged the responding company to develop contaminated sites Figure 22: Respondents reaction if Landfill Tax Exemption was removed Figure 23: Summary of legislation and policy currently having a significant impact on development as provided by survey respondents Figure 24: Respondents views on whether additional legislative requirements will impact on future land availability (given as a percentage of the total)
  • 8. v LIST OF TABLES Table 1: Regional targets for housing on Previously Developed Land Table 2: Indicating the increase in the average house price between 1996-2006 (HBOS, 2006) Table 3: Summary of key policy changes in The Planning and Compulsory Purchase Act, 2004 and their relevance to sustainable brownfield development Table 4: List of Planning Policy Statements/Planning Policy Guidance notes and their relevance to sustainable brownfield development Table 5: Key Policies and objectives of PPS3 and their relevance to Sustainable Brownfield Development (SBD) (summarised from PPS 3:2006) Table 6: Summarised parts of Building Regulations relating to sustainable brownfield development Table 7: List of Waste Management legislation and policy and the impact on sustainable brownfield redevelopment in England Table 8: CCC Structure Plan policies and their relevance to sustainable brownfield development Table 9: % Affordable Housing Provision per development Table 10: European Funding Programmes applicable in Cornwall 2007-2013 Table 11: Summary of Territorial Cooperation Programme and their Funding Institutions (SWRDA, 2007b) Table 12: Cornwall wards identified as Disadvantaged Areas and therefore exempt from Stamp Duty (Table G, The Stamp Duty (Disadvantaged Areas) Regulations 2001) Table 12: Questions 1-2 Taken from Housing Developer Questionnaire Table 13: Questions 3-4 Taken from Housing Developer Questionnaire Table 14: Question 5 Taken from Housing Developer Questionnaire Table 15: Questions 6-7 Taken from Housing Developer Questionnaire Table 16: Question 8 Taken from Housing Developer Questionnaire Table 17: Question 9 Taken from Housing Developer Questionnaire Table 18: Question 10 Taken from Housing Developer Questionnaire Table 19: Questions 11-13 Taken from Housing Developer Questionnaire Table 20: Question 14 Taken from Housing Developer Questionnaire Table 21: Question 15 Taken from Housing Developer Questionnaire Table 22: Questions 16-17 Taken from Housing Developer Questionnaire Table 23: Questions 18-20 Taken from Housing Developer Questionnaire Table 24: Summaries of the responding companies and their annual output Table 25: Respondents preference for Remediation Technique (given as a percentage of the total number of respondents)
  • 9. vi Table 26: Indicates the type and scale of partnership development undertaken by respondents (given as a percentage of the total response) Table 27: Indicates respondents awareness of legislation and policy affecting brownfield development
  • 10. vii GLOSSARY OF TERMS Affordable Housing This includes social rented and intermediate housing, provided to specified eligible households whose needs are not met by the market. CABERNET Concerted Action on Brownfield and Economic Regeneration Network Aim is to enhance the rehabilitation of brownfield sites within the context of sustainable development by sharing experiences across Europe CCC Cornwall County Council CLARINET Contaminated Land Rehabilitation Network for Environmental Technologies in Europe Primary objective is to develop technical recommendations for sound decision making concerning the rehabilitation of contaminated sites in Europe DCLG Department of Communities and Local Government Government department with the vision of prosperous and cohesive communities, offering a safe, healthy and sustainable environment for all DEFRA Department of the Environment, Food and Rural Affairs Government department with the vision of improving the current and future quality of life GOSW Government Office for the South West Represent the work and interests of national Government departments within the South West region of England The Housing Corporation The Government Agency who fund and regulate Registered Social Landlords (including housing associations) in England Non-Speculative Housing See definition of affordable housing Redevelopment The physical process of developing a site that has had a previous use
  • 11. viii Regeneration The process of renewing or reinvigorating a site or area Regeneration of European Sites in Cities and Urban Environments (RESCUE) European 3 year research project with the intention to improve the quality of derelict land recycling in terms of sustainability of the build environment and the quality of urban life Registered Social Landlord Independent housing organisations that are registered with the Housing Corporation under the Housing Act, 1996 SWRDA South West Regional Development Agency Objective is to increase sustainable prosperity and productivity for the South West region of England Speculative Housing Private housing for sale or rent where the price is set in the open market Volume House Builder A development company that constructs greater than 200 units per annum
  • 12. CHAPTER 1 INTRODUCTION 1.1 Introduction and Background to this Research This research has been developed due to a personal and professional interest in sustainable brownfield redevelopment. It is a current issue for the following reasons: • Growth of the Government’s sustainable development and environment agenda particularly in relation to climate change which in 2004 was announced as the worlds greatest environmental challenge by the Prime Minister (Blair, 2004), • Proposed reform of the planning system following the Barker Review of Housing Supply (Barker, 2004) and the Barker Review of Land Use Planning (Barker, 2006), • Merger of English Partnerships and the Housing Corporation into ‘Communities England’ to reform the delivery of regeneration and housing programmes, • An increase in housing supply targets proposed by the Government, • Review of the current tax incentive system available for contaminated land remediation (HM Treasury, 2007). Dixon et al, 2006 reviewed the UK development industry’s role in brownfield redevelopment. The research upon which this thesis is based has also included a survey of housebuilders but is specifically targeted at sustainable brownfield development in Cornwall. It evaluates current legislation and policy controlling this type of development and evaluates the financial incentives and provisions available for brownfield development in Cornwall and assesses whether they promote principles of sustainable development. Similar research into financial incentives and provisions available for brownfield development has been undertaken by Ulster University in 2006 (DCLG, 2006b). Cornwall is located in the peninsula of south west England and as a consequence is geographically isolated. It is one of the poorest regions within the UK with a large proportion of district and wards listed on the Index of Multiple Deprivation (DETR, 2000a). Cornwall has historically had a narrow economic base and the strength of the economy of the County has declined with the closure of the tin mining industry and the loss of traditional industries. Within recent years the 1
  • 13. County has relied heavily on the tourism and leisure industry with the growth of attractions such as the Eden Project, National Maritime Museum and Tate St Ives and exploiting the attractive coastline. Based on the 2005 Value of Tourism (Cornwall Tourist Board, 2005), an average of 21% of the total numbers employed in the County were employed in tourism related industry compared with 13% in Devon. The seasonal nature of this industry has resulted in seasonal employment problems and the low wages generated by this type of employment has resulted in low household incomes. It also has the potential to cause environmental problems such as traffic congestion and requires a large proportion of holiday accommodation and second home ownership (80% in some Cornish communities, Cornwall County Council 2006). Although Kerrier is no longer included as one of the top 50 most deprived Local Authorities in the Index of Multiple Deprivation (ODPM, 2004h) the patterns of multiple deprivation are still prevalent in the former tin mining areas such as Penwith, Cornwall (ODPM, 2004h). House prices have continued to rise with the UK annual house price inflation in June 2007 at 12.1% (DCLG, 2007b) and these rises have also been seen in Cornwall where the average house price has increased by 9.5% annual average 2007 to £207,754 (Land Registry, 2007). These issues have combined to create a population with increased requirements for affordable housing in an area where increasing house prices are increasing the value of developable sites. This research considers current policy and will review sustainable brownfield development of residential housing and mixed use communities – it does not therefore consider development with a commercial or industrial land use. 1.2 Aim of the Project Government policies both hinder and encourage brownfield redevelopment and sustainable development. The aim of this thesis is to critically evaluate whether the overall effect of government policy is to encourage or hinder sustainable brownfield redevelopment in Cornwall. 2
  • 14. 1.3 Objectives a) To define the concepts of ‘brownfield’, ‘sustainable’ and sustainable brownfield redevelopment’ in ways that can be measured (if only qualitatively) b) To complete a review of the financial incentives and provisions currently available in England and specifically Cornwall, evaluate whether they encourage or hinder sustainable brownfield redevelopment and consider their effect at an individual project level c) To complete a review and evaluation of the current legislation, policy and technical guidance for England, south-west region and Cornwall responsible for regulating sustainable brownfield development d) To review the current level of brownfield development in Cornwall e) To survey housing development companies who have developed within south west England to assess the level of brownfield development, the amount and reasons for developing or not developing in Cornwall, the use of financial provisions and the knowledge and understanding of the regulating legislation f) To provide recommendations for housing policy in Cornwall and the provision of financial incentives for sustainable brownfield development 1.4 Research Methodology The following methodology has been proposed to achieve the aim and objectives detailed in section 1.3. a. Review the history of housing development, planning policy system and growth of brownfield development utilising internet websites and research papers. b. Undertake a review internet websites such as; Department of Communities and Local Government, Department for Business, Enterprise and Regulatory Reform, 3
  • 15. Department for Environment, Food and Rural Affairs, HM Treasury, Office for National Statistics, HM Revenue and Customs, European Union, Environmental Agency, South west Regional Development Agency, Government Office for the South west, Cornwall County Council, Local District Councils in Cornwall, English Partnerships. c. Undertake a review of research papers into the concepts of sustainability, brownfield and sustainable brownfield development. d. Undertake a review of research papers into survey and questionnaire design and implementation to assess the most appropriate type for this thesis. e. Design a questionnaire based on the findings of part c above, to assess the knowledge, understanding and use of financial incentives and legislative controls by the housing development industry. f. Provide graphical and tabular summaries of the responses to the questionnaire using computer packages such as Microsoft Excel. 1.5 Report Structure This Chapter has provided an introduction into the background of this thesis and the aim and objectives hoped to be achieved by undertaking this research. Chapter 2 provides a background to the development of planning policy pre and post-1940s. It proposes definitions for sustainable brownfield development and assesses the quantity and use of brownfield sites in the UK and Cornwall. Chapter 3 is a literature review of the legislation, policy and guidance currently controlling sustainable brownfield development in England with specific reference to Cornwall. This only refers to the development of housing and mixed 4
  • 16. communities. It includes an evaluation of the key planning policy documents and assesses whether they are relevant and promote to sustainable brownfield development in Cornwall. Chapter 4 is a literature review of the financial incentives and provisions available to support sustainable brownfield development in England with specific reference to Cornwall. It includes an evaluation of these frameworks and whether they support sustainable brownfield development in Cornwall. Chapter 5 details the methodology used to design the questionnaire and survey housing development companies in south west England. It reviews the theory of questionnaire surveys and details the reasoning behind each question. Chapter 6 comprises of an analysis of the data collected during the survey. It assesses the response rate and provides graphical and tabular summaries of the responses to each of the questions. Chapter 7 is a discussion of the results this thesis and compares the results to previous research and discusses the impact of the responses in light of the literature reviews contained in chapters 3 and 4. Chapter 8 provides conclusions to the research, including limitations and problems associated with the questionnaire design and implementation. It also provides suggestions for further and extended research. 5
  • 17. CHAPTER 2 THE DEVELOPMENT OF SUSTAINABLE BROWNFIELD DEVELOPMENT 2.1 Housing Development and the Growth of the Planning System Pre-1940s Urban renewal, redevelopment and regeneration have been occurring for several hundred years in one form or another but have historically lacked forward and strategic planning and control. As Booth, 1999 recognises that with regards to development and redevelopment there was no “proper administration of public control except in the aftermath of the Great Fire of London” (Booth, 1999). Indeed public control over development was not apparent until the 1774 London Building Act which included the “use of dimensional constructional standards” (Booth, 1999) or specific building standards. It was the legislation that followed the Great Fire that informed the development of The London Building Act, 1774 and the Metropolitan Building Act, 1844. Until 1844 control of building and implementation of the previous Acts would appear to have been left largely to the private sector. As Booth, 1999 explains it was the “1848 and 1858 Public Health Acts which enabled Local Authorities to make by- laws to control the construction of new housing” (Booth, 1999) resulting in the public control of building. Britain was a wealthy nation and part of the modern industrial age. It was during this time the economy was strong and as Matthews et al, 1982 note “the highwater mark of Britain’s industrial prosperity was in the boom of 1872-73” (Matthews et al, 1982). Housing construction continued although it would appear that the “preoccupation of the late Victorian period had been the provision of a sufficient quantity of good quality, cheap housing for the working classes” (Booth, 1999). It was during this Victorian period that the concept of ‘unfit for human habitation’ was developed and as Yelling, 2000 suggests the “origins of slum clearance in Britain lie in the Victorian period” (Yelling, 2000). The first specific planning legislation was contained within The Housing, Town Planning etc. Act, 1909 which “allowed (although did not require) Local Authorities to prepare plans for undeveloped land or land in the course of development” (Booth, 1999). However the preparation of these plans was not a 6
  • 18. quick process and as a consequence a housing shortage began to manifest throughout the early 1900s. The JCLPW, 1917 suggested that the shortage was due to a number of reasons including, • The Country’s housing was already overcrowded after the war. “The 1901 census indicated that 2,667,506 people in England and Wales were living more than 2 to a room” (JCLPW, 1917). • The speculative house builder had ceased building working class homes therefore “affordable housing decreased” (JCLPW, 1917). • “During the 3 years of war all building ceased – in fact it was prohibited” (JCLPW, 1917). Few schemes were authorised during the first world war although there was an “increasing concern at the number of new houses needed to be built after the war…needs of returning servicemen and their families…remedy the appalling housing legacy of uncontrolled growth” (Crow, 1996). The Town and Country Planning Act, 1932 extended the 1909 plan-making provisions to all parts of local authority areas, built or unbuilt in an attempt to increase the level of controlled development. However, development throughout the 1930s led to “widespread concern about loss of countryside and urban sprawl” (Crow, 1996) which also coincided with the first national slum clearance campaigns. Following the outbreak of war in 1939 the “pre-war loss of agricultural land” (Crow, 1996) began to be regretted. 2.2 Housing and the Development of the Planning System Post-1940s The foundations of post-war planning were laid down in the Town and Country Planning Acts of 1943, 1944 and 1947 (Cullingworth, 1962). These Acts created statutory development plans thereby controlling development by reference to a land use plan and also created the requirement to apply for planning permission. The political control within the Government interchanged between Labour and the Conservatives through the post-war years. Following the end of WWII a Labour government took control and were responsible for the early policies which instigated regeneration following the destruction of the war. Decisions regarding social reform and the production of the Beveridge Report in 1942 were the early 7
  • 19. beginnings of regeneration with the provision of social security, a National Health Service and a full employment policy. Housing was a significant issue especially for the voting public due to the destruction of homes during the war and it therefore became one of the campaign issues for the Labour party during the 1945 election. The New Towns Act, 1947 and The Town and Country Planning Act, 1947 were introduced by the Labour Government as part of the housing and regeneration campaign. The economic situation was remarkably strong considering the aftermath of World War II. During the immediate aftermath “the steady closure over 1946 and 1947 of the huge wartime deficit, producing a few years of surplus as government expenditure was reined in by demobilisation” (Clark and Dilnot, 2002). The growth of the planning system coincided with the renewed slum clearances that had been stopped during the war years. These slum clearances continued vigorously through the 1950s and 1960s, however “the balance between demolitions and public sector building had dangerously narrowed” (Yelling, 2000) and the “higher levels of public sector housing expected in the mid-1960s….could not be achieved” (Yelling, 2000). Yelling, 1999 believes that the revival of the large-scale slum clearance from 1955 was the “most important public intervention in British cities” (Yelling, 1999). Through the 1960s and 1970s areas were re-built with cost-effective housing often including inner city tower blocks and suburban development lacking infrastructure. Unfortunately this contributed to the creation of social problems and urban decay such as those seen in the Gorbals estate in Glasgow. This resulted in the launch of the Urban Aid programme under the Labour Government in the 1970s. This was followed by The Community Development and Urban Programmes to fund social regeneration. It was during the 1970s that demolition was curtailed and Housing Action Areas created in 1974 to take over from slum clearance areas. Regeneration policy continued to evolve with the introduction of Urban Development Corporations and Enterprise Zones by the Conservative Government of the 1980s. They were intended to revive urban markets and promote urban renewal through commercial/industrial activity, creation of attractive environments and provide adequate housing and social facilities. The 1970s and early 1980s involved periods of significant private housing development and were 8
  • 20. “accompanied by government encouragement of grant-aided improvement” (Yelling, 2000). All regeneration funding programmes were subsequently merged into the Single Regeneration Budget (SRB) in the early 1990s. The aim of the SRB Programme was to improve the quality of life for communities in disadvantaged areas and was the first programme to promote sustainable regeneration. The political ambition of the labour government since 1997 has been to provide a strong economy by reducing unemployment and building sustainable communities. They have driven society towards home ownership and the provision of ‘homes for all’ through affordable and low-cost housing. To facilitate this ambition they have introduced over the last 10 years, Regional Development Agencies, Urban Regeneration Companies and Regional Housing Boards. In 1999 the Urban Task Force, created by the Government, published their Mission Statement: ‘The Urban Task Force will identify causes of urban decline in England and recommend practical solutions to bring people back into our cities, towns and urban neighbourhoods. It will establish a new vision for urban regeneration founded on the principles of design excellence, social well-being an environmental responsibility within a viable economic and legislative framework.’ (DETR Urban Taskforce, 1999c) The report provided radical recommendations as to how provide homes whilst creating a quality of life to make towns and cities desirable. This agenda-setting report was independently revised in 2005 with the publication of Towards a Strong Urban Renaissance (DETR, 2005). Lord Rogers believed the revision was required as the Government had overlooked several key recommendations within the Urban White Paper Our Towns and Cities (ODPM, 2000) and that focusing on sustainable communities had weakened the stance on urban regeneration. Publication of the Sustainable Communities Plan (ODPM, 2003) signalled further evolution of urban policy. This has been followed by the Barker Reviews of Housing Supply, Delivering Stability: Securing Our Future Housing Needs (Barker, 2004) and Land Use Planning (Barker, 2006). 9
  • 21. Following these reports the 2005 pre-budget report by the Chancellor set out an ambition to increase housing supply by 200,000 net additional homes per year by 2016. This target was revised in July 2007 to 240,000 net additions by 2016 with the aim of delivering 2 million new homes by 2016 and 3 million by 2020 (Brown, 2007). The requirement for additional housing supply is due to the projected increase of households from 21.1 million in 2004 to 26.0 million in 2026 and to reach 26.5 million in 2029 (DCLGc, 2007). As figure 1 demonstrates the increasing number of households is predominantly as a result of the increasing number of single person households which will affect the type of development and property type required. Figure 1: Number and Composition of Households: England: 1971-2016 (ODPM, 2003) An important issue to consider is the number of empty properties available which could be utilised to minimise the requirement for new development. DLCG suggest that in England there are 680,412 empty properties with 585,539 owned by the private sector (DCLG, 2005a) which could be occupied. Since 2006 local authorities have been able to issue Empty Dwelling Management Orders (DCLG, 2007) which allows them to manage the property. No statistics are currently available to assess whether this policy has been applied or successful in reducing the number of empty properties. 10
  • 22. Redevelopment and wider regeneration processes are inevitable and reflect the changing needs and requirements of society and the creation of brownfield sites is a product of this change. 2.3 Defining Sustainable Brownfield Development 2.3.1 Definition of ‘Brownfield’ Land It is crucial to define the term ‘brownfield’ as the interpretation is often dependant on the users’ role in society and there currently remains no agreed common European definition. Alker et al, 2000 discussed the growing need for a robust and accepted definition of ‘brownfield’ and noted that the term ‘brownland’ had been used in the UK since the early 1990s by a group of landowners with sites requiring some form of clean-up. Various organisations and individuals have provided their definitions of ‘brownfield’ with each skewed by the perspective of the group or individual. Alker et al (2000) proposed the following definition for brownfield sites: ‘any land or premises which has previously been used or developed and is not currently fully in use, although it may be partially occupied or utilised. It may also be vacant, derelict or contaminated. Therefore a brownfield site is not necessarily available for immediate use without intervention.’ (Alker et al, 2000) No formal or statutory definition of brownfield has been proposed in England although a similar term that has political significance is ‘previously developed land’ which was introduced by the Government in 1998 (ODPM, 1998). This document also set the national target for PDL re-use at 60% (ODPM, 1998). The term PDL is therefore used within policy in England and Wales and is effectively the statutory equivalent of brownfield although the definition of PDL makes no reference to ‘contamination’ or ‘potential contamination’. PDL was defined in Planning Policy Guidance 3: Housing, and again in Planning Policy Statement 3: Housing, 2006. This ‘previously developed land’ (PDL) is further defined as ‘…land which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure’ (DCLG, 2006d). There is no presumption in this definition that 11
  • 23. land which is PDL is necessarily suitable for housing development or that the land is contaminated. The definition of PDL specifically states that it includes defence buildings, but excludes: • Land that is or has been occupied by agricultural or forestry buildings, • Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures, • Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not previously been developed, • Land that was previously developed but where the remains of the permanent structure or fixed surface structures 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. (DCLG, 2006d) It is important to consider what is not included in the definition of PDL when considering the definition of greenfield. There is no formal definition of greenfield land however, for development purposes in England this should be considered to be any land not considered to be PDL (as defined in PPS 3). This will therefore be used through this thesis although it should be noted that a number of sites meeting the exclusion test of PDL will have other designations and may therefore not be available for development such as the protection of allotments under the Allotments Act, 1925. CABERNET (Concerted Action on Economic and Brownfield Regeneration Network) was established in 2002 and is an EC funded multi-stakeholder network created to investigate, identify and raise the profile of brownfield issues across members of the EC. The network has developed the earlier CLARINET definition for brownfield sites which indicates that the term brownfield does not necessarily indicate contaminated and it doesn’t contain bias towards the end-use. It should also be noted that the interpretation of this definition also includes garden areas of existing residential properties. 12
  • 24. Brownfields are sites which; Have been affected by former uses of the site or surrounding land, Are derelict or underused, Are mainly in full or partly developed urban areas, Require intervention to bring them back to beneficial use, May have real or perceived contamination problems. (Cabernet, 2007a) The US Environmental Protection Agency (EPA) has also provided a definition of ‘brownfield’ which was developed as a result of the inception of the US Brownfields Programme in 1995. The definition of brownfields is; “With certain legal exclusions and additions, the term ‘brownfield site’ means real property, the expansion, redevelopment or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant or contaminant.” (USEPA, 2002) The USEPA definition of brownfield therefore specifically includes contamination. There are therefore three distinct definitions proposed with varying inclusion of contamination. For the purposes of this thesis it is proposed to use the CABERNET definition of brownfield. 2.3.2 Definition and Growth of the Term ‘Sustainable’ The second term that requires defining is ‘sustainable’ or sustainability’ in specific relation to development. The concept of sustainability is open to interpretation but provides a statement of intent that the needs of the present will be met without compromising future generations in meeting their needs. It is generally agreed the there are three ‘pillars’ of sustainability are, Environment, Social and Economy with RESCUE suggesting a fourth institutional dimension (RESCUE, 2005b). Figure 2 indicates the relationship between each dimension 13
  • 25. Figure 2: The Dimensions of Sustainability (RESCUE, 2005b) Differences in the interpretation of this definition originate from how each of the four ‘pillars’ of sustainable development, Environment, Social, Economy and institutional, are emphasised. Of the four pillars of sustainability the institutional dimension is a significant driver for regeneration through the legislative framework. Social and economic concerns drive regeneration through private sector investment with the environmental element often left as a regulatory control measure rather than a driver such as the Wildlife and Countryside Act, 1981, Groundwater Regulations, 1998 and Landfill Regulations, 2002. With regards to sustainable development here is a level of international and national agreement on a definition which is taken from the Brundtland Report Our common Future (Brundtland Commission, 1987). This definition does raise concern about balancing the needs of current and future generations when their needs cannot be accurately predicted or assumed. “development which meets the needs of the present without compromising the ability of future generations to meet their own needs” (Brundtland Commission, 1987) The Brundtland definition is accepted into UK policy through the 1999 UK commitment in ‘A Better Quality of Life: a Strategy for Sustainable Development in the UK’ (DETR, 1999a) which as well as using the Brundtland definition makes 14
  • 26. it clear that sustainable development also means ‘a better quality of life for everyone, now and for generations to come’ (DETR, 1999a). It is recognised that sustainable regeneration is crucial to the continued success of the UK as a major developed country whilst also ensuring we create a society that we can pass on to our children and their children. The objective of re-using PDL for protecting the countryside and encouraging urban regeneration was sited in Quality of Life Counts (DETR, 1999b). This also measured the sustainability indicators H14 New Homes built on PDL and K1 Proportion of Vacant Land and Buildings and Derelict Land. The reuse of previously developed sites became a core objective for the achievement of sustainable communities through the Sustainable Communities: Building for the Future (ODPM, 2003). However it is not simply the re-use of these sites that contributes to the sustainability agenda it is also the methods of reclamation, location of the site, infrastructure provision, methods of construction and the proposed use that must be considered. It is important to recognise the growing importance of the sustainability agenda and its impact on brownfield redevelopment. However the question of how to quantify and measure sustainable brownfield redevelopment is not assessed within the scope of this research. 2.3.3 Definition of ‘Sustainable Brownfield Development’ A clear concise definition of sustainable brownfield development is difficult to locate and there has been limited research to adequately define a term that is used so frequently by a number of areas of society. A key definition has been provided by RESCUE in their 2005 Best Practice Manual: “Sustainable Brownfield Regeneration is the management, rehabilitation and return to beneficial use of brownfields in such a manner as to ensure the attainment and continued satisfaction of human needs for present and future generations in environmentally sensitive, economically viable, institutionally robust and socially acceptable ways within the particular regional context” (RESCUE, 2005a). 15
  • 27. Dixon et al (2006a) provide a similar definition and suggest that sustainable brownfield regeneration is based upon the “principle of recycling land for development in ways that are economically, environmentally and socially sustainable” (Dixon et al, 2006a). The RESCUE (2005a) definition of sustainable brownfield regeneration will be adopted for the purposes this thesis although will be referred to as sustainable brownfield development. 2.4 The Quantity and Use of Previously Developed Land in the UK In 2006 there was an estimated 62,700 hectares of previously developed land (PDL) compare with 63,500 hectares in 2005 (DCLG, 2007d). An estimated 34,900 hectares of this is vacant or derelict compared to 36,600 in 2005 (DCLG, 2007d). UK government planning policy for housing is reflected in Planning Policy Statement (PPS) 3 and dictates that at least 60% of new housing should be provided on previously developed land (PDL) (DCLG, 2006d). This was further reinforced by the Homes for the Future: more affordable, more sustainable (DCLG, 2007) published for consultation by the Government. Figure 3 indicates the Bath Model produced by CABERNET (2007b) and is indicative of the cyclical system that involves the creation and regeneration of brownfield sites. Within the Bath model there are the ‘sludge’ of persistent sites at the bottom of the Bath which represent difficult sites to develop due to a variety of reasons including location, contamination and local market conditions. In accordance with the Cabernet definition of brownfield sites presented in section 2.3.1 intervention of some form is required to facilitate development of brownfield sites. However it is likely that the intervention required for persistent sites will involve the public sector. 16
  • 28. Figure 3: Brownfield Regeneration: Bath Model (Cabernet, 2007b) Figures 4 indicates the number of dwellings built on PDL in England since 1995 and demonstrates the increasing use of PDL for new housing in accordance with Government policy Planning for the Communities of the Future (ODPM, 1998). Figure 4 demonstrates that at least 60% of new dwellings have been constructed on brownfield sites every year since 2000. 0 10 20 30 40 50 60 70 80 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005P 2006 %ofnewdwellingsbuiltonpreviouslydevelopedland England South West Figure 4: Proportion of New Dwellings on Previously Developed Land (DCLG, 2007) 17
  • 29. Based on provisional estimates 77% of new dwellings in 2005 were provided on previously developed land increasing from 56% in 1997. Figures 2 and 3 demonstrate that there is commitment to the use of PDL for housing development, however it should be noted that included within this are conversions and development within existing rear gardens which are often suggested not to be PDL. There are currently no targets for non-residential development on PDL. The Governments proposal is that Local Planning Authorities should identify and plan for the most appropriate land allocations, including housing through the Local Development Framework process. This should reflect the local land availability and support the 60% national target. The Regional Planning Guidance for the Southwest (RPG10), 2001 identifies a commitment to achieving 50% of new development on PDL (although this again includes conversions of existing dwellings) significantly less than the national target reflecting regional availability of PDL (GOSW, 2001). Table 1 indicates the proposed PDL targets for each of the regions with variations between 50%-80% perhaps reflecting local availability but also the date of the publication. Table 1: Regional Targets for Housing on Previously Developed Land Region Housing Target on Previously Developed Land Source South West 50% GOSW, 2001 North East England 65% GONE, 2002 East England 50% GOE, 2000 North West England 80% NW Regional Assembly, 2006 East Midlands 60% GOEM, 2005 West Midlands 75% GOWM, 2004 South East England 60% GOESEL, 2001 2.5 Sustainable Brownfield Development in Cornwall Cornwall is a County located in the south-west peninsula of England as indicated in Figures 5 and 6. The governing political structure of the County consists of Cornwall County Council overlying the 6 District Councils indicated on Figure 6. The County is included within the South West Regional Development Agency (SWRDA) and Government Office for the South West (GOSW). 18
  • 30. Figure 5: Map indicating the location of Cornwall in the South West region and the extent of operations of the SWRDA (SWRDA, 2007a) DEVON Figure 6: Map indicating the Local District Authority areas in Cornwall (GOSW, 2007) 19
  • 31. The Cornish landscape illustrates the industrial heritage of the County with the most obvious relicts being the numerous engine houses of old mines and the stark stockpiles of china clay waste. Mining undoubtedly formed the main employer especially during the 18th and 19th centuries when the steam engine was developed progressing the County to the forefront on the industrialised world. As tin prices decreased and other countries mining activities were less costly, the mining industry in Cornwall declined with the closure of the last mine, South Crofty, in 1998. The move away from manufacturing based industry to light and service based industry caused a decline in the economic climate in Cornwall. It has also created a large number of previously developed sites often affected by contamination (see Figure 9). Employment growth has increased but remains “dominated by lower value added service sector or sectors dependant on the public sector and/or with a tendency to offer low paid and part time employment” (Objective One Partnership, 2007). The quality of the environment is one of Cornwall’s greatest assets with 958km2 of Area of outstanding Beauty covering 27% of its total land area and 1582 scheduled monuments (CCC, 2005). Figure 7 indicates the nature map for Cornwall with the types of habitats found in the County and their location. These allocations may inhibit brownfield redevelopment as previously developed sites and urban land often also represent areas of valuable biodiversity. It may be more sustainable to develop agricultural ‘greenfield’ sites rather than losing the biodiversity value of previously developed land. 20
  • 32. Figure 7: The Nature Map for Cornwall indicating types and location of habitats (SWENVO, 2007) Housebuilding in Cornwall is variable between districts but as figure 8 indicates the total amount of new housebuilding has fluctuated between 2000-2500 in the last 10 years. The population within Cornwall is projected to increase from 517,500 in 2004 to 565,900 in 2014 (ONS, 2004). The increase in local population can affect the social and physical fabric of an area and combined with an increase in household growth has created pressure on the house building market. 21
  • 33. Figure 8: House building in Cornwall between 1976-2006 (Cornwall County Council, 2006) Cornwall has also experienced the biggest increases in house prices between 1996-2006 as indicated by Table 2. This has affected the affordability of housing for the majority of the local population. Table 2: Indicating the increase in the average house price between 1996-2006 (HBOS, 2006) County Region 1996 Average Price 2006 Average Price % change Cornwall South West 53,081 195,388 268% Isle Of Anglesey Wales 44,998 158,527 252% Ceredigion Wales 48,137 165,663 244% Carmarthenshire Wales 44,348 152,049 243% Caerphilly Wales 37,052 121,975 229% Powys Wales 53,463 172,199 222% Isle Of Wight South East 53,192 170,156 220% Figure 9 indicates the spatial distribution of PDL sites in the South West of England. 22
  • 34. Figure 9: Spatial Distribution of Previously Developed Land in the South West England (ODPM and English Partnerships, 2004) Clustering of PDL can be seen around the urbanised areas of Bristol, Bournemouth, Torbay, Plymouth and Redruth-Camborne-Penzance. Cornwall is perceived to be a highly rural authority with the majority of the PDL sites likely to be attributed to historic mining activities but Figure 5 indicates that they are distributed throughout the County. Cornwall has a sizeable proportion of ‘hardcore’ sites compared to the other Counties in the South West. The clustering of ‘hardcore’ sites in Cornwall is shown in Figure 6 and appears to be around the Redruth-Camborne-Penzance areas which are located at the south westerly point of the main trunk road of the A30. These areas have historically been actively mined and heavily industrialised. 2.5.1 National Land Use Database Statistics and Cornwall The NLUD project provides a framework for land use research and the development of a comprehensive, complete and consistent source of land use 23
  • 35. information at the national level based on a standard land use classification (ODPM, 2006). NLUD has progressed from National Land Use Classification (NLUC) in the 1970s through Land Use Change Statistics (LUCS) in the 1980s to the current system. The NLUD classification is the current system used to classify the previous and existing land uses of sites recorded within the NLUD PDL data collection exercise. The NLUD-PDL exercise is undertaken on an annual basis by each Local Planning Authority. The full NLUD has not yet been fully enacted. Figure 10 indicates the relative proportion of sites allocated by type based on data collected during 2006. Since 2001 the relative proportion of PDL has declined by 4% with vacant and derelict land decreased by 15% (DCLG, 2007d). Figure 10: Previously Developed Land by Type for England 2006 (DCLG, 2007d) Figure 11 indicates the relative proportion of sites allocated by type based on a summary of data collected during 2005. In comparison with Figure 10 the data for Cornwall indicates that a significantly large proportion of PDL consists of derelict land and buildings, 88% compared to the national average of 28%. 24
  • 36. Derelict land and buildings 88% Vacant Buildings 2% Previously- developed vacant land 2% Currently in Use with permission or allocation for development 7% Figure 11: Previously Developed Land by Type in Cornwall 2005 (summarised from NLUD, 2005) Figure 12 clearly indicates the proportion of derelict land in each of the LA areas in Cornwall with Restormel having the least and Kerrier and North Cornwall retaining the largest proportions. Kerrier, along with Penwith, is located at the Western peninsula of the County. Redruth, Camborne and Pool are within the Kerrier district and several of the wards are listed on the Index of Multiple Deprivation, 2000. RESTORMERKERRIE L 25
  • 37. CARRICK PENWITH CARADON NORTH CORNWALL LEGEND Classification of Land Derelict Land & Buildings Currently in use with permission or allocation for redevelopment Vacant Buildings Previously-developed vacant land Figure 12: Previously Developed Land by type for each Local Authority area in Cornwall in 2005 (summarised from NLUD, 2005) Figure 12 indicates the type of PDL located in each Local Authority in Cornwall and demonstrates that each authority contains a high proportion of derelict land and buildings and limited sites with permission or allocation for redevelopment. “Derelict land and buildings have a strong negative impact on an area and can hasten its downwards spiral” (English Partnerships, 2006) and regenerating these sites can “improve environmental conditions, reduce antisocial behaviour, improve visual amenity and improve sense of place” (English Partnerships, 2006). 26
  • 38. CHAPTER 3 REVIEW OF THE LEGISLATION, POLICY AND GUIDANCE CONTROLLING BROWNFIELD REDEVELOPMENT 3.1 Introduction The principle legislation controlling sustainable brownfield redevelopment is contained within the planning system in terms of spatial distribution and development of sites and infrastructure combined with the sustainable development policies promoted by the Government. The planning system in England operates on a number of levels and can be complex when considering development at an individual site level. National legislation and guidance form the overarching documents which are then underlain by regional documents such as the South West Spatial Strategy, Economic Strategy, Housing Strategy and Sustainable Development Framework. This is followed by the County Structure Plan and Local Development documents. Figure 13 is illustrative and demonstrates the number of institutional controls and authorities that can affect sustainable brownfield development in Cornwall. Figure 13: Illustrative map of institutional congestion in the control of sustainable brownfield development (adapted from Catney et al, 2006) 27
  • 39. 28 The concept of sustainability is enshrined in European and UK political policy alongside a commitment to re-use brownfield sites or previously developed land (PDL). However how sustainable are the requirements of these policies at a local level in Cornwall. This chapter evaluates the requirements of European, national, regional and local policy with regards to sustainable brownfield development. 3.2 National Documents 3.2.1 The Role of Planning The current planning legislation in England and Wales is the Planning and Compulsory Purchase Act, 2004 (P & CP Act) which amended the Town and Country Planning Act, 1990. Table 3 summarises the key aspects of the P & CP Act, 2004 and whether they support sustainable brownfield development. Planning Policy Statements (PPS) are prepared by Government and after public consultation form the policy guidance documents that; a. explain statutory provisions, b. provide guidance to Local Authorities and others on planning policy, c. provide guidance to Local Authorities and others on the operation of the planning system. They are significant documents as Local Authorities must take their contents into consideration when preparing development plans and determining applications. Table 4 indicates the number of PPS documents available and their relationship and impact on sustainable brownfield redevelopment.
  • 40. Table 3: Summary of key policy changes in The Planning and Compulsory Purchase Act, 2004 and their relevance to sustainable brownfield development Title Change from previous policy Relevance to Sustainable Brownfield Development Local Development Orders Enables Local Planning Authorities (LPAs) to grant planning permission in advance for certain types of development removing need for individual planning applications Will speed up the number of sites coming forward for redevelopment. Could be used to promote ‘hardcore’ sites or brownfield sites to make them more attractive to developers. No specific sustainability criteria Duration of Planning Consent Reduced from 5 years to 3 years Has prevented long term landbanking of sites with valid consent which should have increased supply. Not specifically associated with brownfield sites or sustainable development Statutory Consultees These are now required to respond within 21 days Increases speed of application determination. Ensures concerns of Consultees are adequately considered. Not specifically concerned with brownfield sites or sustainable development Plan Development Duty on plan making to contribute to the achievement of sustainable development having regard to national policies (Section 39, P & CPA, 2004) Principles of sustainable development incorporated into all spatial development strategies which could be expected to include brownfield sites. No specific requirement to use development techniques to achieve sustainable brownfield development Simplified Planning Zones Designation as SPZ grants planning permission for the types of development it specifies within the zone without the need for planning applications Designed to promote urban regeneration by deregulating the planning process in particular areas. Can be used to promote ‘hardcore’ sites or areas of dereliction to make them more attractive to developers. Strategic Environmental Assessment (SEA) All plans affecting the environment are required to have an SEA which details the existing environment and the potential impact of the proposals on the development Promotes sustainable development however does not specifically promote the use of brownfield sites 29
  • 41. Number Name Date of Issue Comment Table 4: Current Planning Policy Statements (PPS)/Planning Policy Guidance (PPG) Active in England Relevant to Sustainable Brownfield Development PPS 1 Delivering Sustainable Development 2005 Summarised in Section 3.2.1 √ PPG 2 Planning for Green Belts 2001 Aim of policy is to prevent urban sprawl and create sustainable rural communities….. ‘assist in urban regeneration by encouraging the recycling of derelict and other urban land’ LPAs should consider sustainable development when locating development and green belt boundaries which should reflect future development needs 2007 Housing Green Paper proposes ‘no fundamental change’ to PPS 2 √ PPS 3 Housing 2006 Summarised in Section 3.2.1 √ PPG 4 Industrial, Commercial Development and Small Firms 1992 Government’s key aim is to encourage continued economic development alongside a high quality environment. When allocating land LA’s must ensure; - land well served by infrastructure - promotes re-se of PDL - discourage development in areas that may increase congestion - land readily capable of being developed √ PPG 5 Simplified Planning Zones 1992 Effective in older areas to promote regeneration and encourage economic activity SPZs should reflect social, economic and environmental considerations Speeds up planning process No specific reference to sustainable brownfield development ? 30
  • 42. Number Name Date of Issue Comment Relevant to Sustainable Brownfield Development PPS 6 Planning for Town Centres 2005 LA’s should focus development in existing centres and provide high quality and safe environment. - encourages use of PDL - locate development with existing public transport - undertake Local Needs Assessment - provide spaces and buildings that are fit for purpose, comfortable, safe, attractive, accessible √ PPS 7 Sustainable Development in Rural Areas 2004 Re-use or convert existing buildings whilst preserving architectural or historic interests Support farm diversification to maintain local economies √ PPG 8 Telecommunications 2001 Governments policy is to facilitate the growth of telecommunications whilst minimising environmental impact and protecting public health No sustainability criteria are specifically included Development likely to be required on greenfield sites X PPS 9 Biodiversity and Geological Conservation 2005 Promotes sustainable development by ensuring that biological and geological diversity are conserved and enhanced Policy contributes to rural renewal and urban renaissance √ (Potential conflict with PDL re-use policy for new developments – balance required to ensure fully sustainable development) 31
  • 43. Number Name Date of Issue Comment Relevant to Sustainable Brownfield Development PPS 10 Planning for Sustainable Waste Management 2005 Promotion of waste hierarchy Priority given to PDL for location of waste facilities Promotes principles of sustainable development from Securing the Future, 2005 √ PPS 11 Regional Spatial Strategies 2004 Forms overarching spatial planning framework Aim is to contribute to achievement of sustainable development Includes sustainability appraisal based on PPS1 √ PPS 12 Local Development Frameworks 2004 Forms spatial planning framework at local level and ensures most efficient use of land within context of sustainable development LDF policies should integrate economic, social and environmental needs of the area Promotes good sustainable design √ PPG 13 Transport 2001 Provide safe, efficient and integrated transport system that supports sustainable development Aim is to provide a transport system that allows people to make sustainable choices thereby reducing congestion and pollution √ No specific reference to brownfield development and Greenfield and Green Belt development permitted for Park and Ride schemes where appropriate PPG 14 Development on Unstable Land 1990 X PPG 15 Planning & the Historic Environment 1994 Encourages re-use of neglected historic buildings √ 32
  • 44. Number Name Date of Issue Comment Relevant to Sustainable Brownfield Development PPG 16 Archaeology and Planning 1990 X PPG 17 Planning for Open Space, Sport and Recreation 2002 Open spaces, recreation and sport underpin people’s quality of life. New space should meet the regeneration needs of areas using brownfield in preference to greenfield. Effective open space ensures; - needs of local communities are known - good design to prevent crime - promote compatibility with adjoining land uses - promote social inclusion and community cohesion √ PPG 18 Enforcing Planning Control 1991 X PPG 19 Outdoor Advertisement Control 1992 X PPG 20 Coastal Planning 1992 Undeveloped coast should not be used for new development Developed coast can be used for restructuring and regeneration of rundown towns and ports whilst taking account of erosion and flooding √ PPS 22 Renewable Energy 2004 Does not have sequential approach for locating renewable energy developments however promotes use of PDL even when site may be unsustainable for other uses Development can be located in Green Belt where environmental benefits of energy resource outweigh loss of green space √ 33
  • 45. 34 Number Name Date of Issue Comment Relevant to Sustainable Brownfield Development PPS 23 Planning and Pollution Control 2004 Allocation of potentially polluting activities away from sensitive land uses Deals with land affected by contamination as development offers opportunity and resources to deal with remediation √ PPG 24 Planning and Noise 1994 PPS 25 Development and Flood Risk 2006 Sequential risk based approach to allocate land in low flood risk areas especially vulnerable development Promotes principles of sustainable development including allowance for climate change and use of Sustainable Urban Drainage systems Conflicts with PDL re-use requirements for new development as PDL is often within the flood zones. Development only permitted when exception test is passed √
  • 46. The Barker Review of Land Use Planning in 2006 consisted of a review of the planning system in England (Barker, 2006). It identified that local, regional, national interests, environmental issues and economic growth need to be considered when making planning policies and determining applications (Barker, 2006) therefore considering the four pillars of sustainability outlined in section 2.3.2. The Review made key recommendations: - Streamlining of policy and processes - Updating national policy on planning for economic development - Introduce a new system for dealing with major infrastructure projects - Promote a positive planning culture with the plan-led system - In the context of the Lyons inquiry into Local Government to consider enhancing fiscal incentives to ensure an efficient use of land - Ensure new development beyond towns and cities occurs in the most sustainable way, taking a more positive approach to applications that will enhance the quality of their green belts. - A more risk-based and proportionate approach to regulation - Remove the need for minor commercial development to require planning - Support ‘town centre first’ policy but remove requirement to demonstrate need for development. - Consider how fiscal incentives can be better aligned to ensure local benefit of economic growth. - Reduce Secretary of State call-ins. - Ensure sufficient resources for planning available and linked to performance - Enhance efficiencies in processing applications - Speed up appeals system - Improve skills (Barker Review, 2006) Following the Barker Review the Prime Minister in July 2007 declared an increase in the annual house building target from 200,000 to 240,000 in an attempt to tackle the housing crisis (Brown, 11 July 2007). The Prime Ministers statement from 11th July 2007 proposed 3 new bills to increase housing supply and implement the recommendations of the Barker and Eddington Transport Reviews (Brown, 11 July 2007): 35
  • 47. • Housing Bill – proposed merger between English Partnerships and the Housing Corporation to create new homes agency. The agency will be tasked with bringing forward surplus public sector land for housing and specifically increase the supply of affordable housing. • The Planning Bill – Speed up the planning process thereby increasing the amount of development and specifically major infrastructure projects required to ensure the creation of sustainable communities • The Planning Gain Supplement Bill – to ensure the local community receive benefit from planning gain Planning and Housing Development PPS3 provides the national planning framework for the development of housing in England. It amends Planning Policy Guidance (PPG) 3 and was developed partly in response to the Barker Review of Housing Supply in 2004 and specifically in regard to the delivery of more homes whilst providing local authorities with greater flexibility. PPS3 is the key piece of planning policy that dictates how, where and what type of housing is developed in England. Its interpretation into Local and regional planning strategies and policies is fundamentally crucial to the successful redevelopment and regeneration of sites and communities. This policy has maintained the 60% target for new development to be delivered on PDL that was first indicated by the Government in 1998. The original proposal was to achieve this target by 2008, a target that has been achieved in England for the last 5 years as indicated by Figure 4 in Chapter 2. Concern has been raised by organisations such as Campaign for the Rural Protection of England (CPRE) that this target should be raised to 80% to further encourage developers and planning authorities to direct their attention firmly on PDL and reduce the pressure on greenfield sites. A key element within PPS3 which stemmed from the Barker Review of Housing Supply 2004 is that it has re-opened the greenfield argument and has in fact allowed greenfield development to be explored to enable housing targets to be met should there be an identified lack of PDL available. A critical factor is that PPS3 does not allow ‘windfall’ sites to be included within the first 10 years of land 36
  • 48. supply. As a consequence many Local Authorities are claiming that they do not have sufficient quantities of PDL to enable housing requirements to be met. This is indicated in the South Hams district in South Devon which is a Local Authority that has met the Government 60% target for the last few years yet claims to have insufficient PDL in the district. The ability to meet the 60% target has been through the development of ‘windfall’ sites which in future cannot be included therefore indicating that green field development may be allocated. This would appear to be contrary to the brownfield policies supposedly enshrined in the UK through PPS3 (DCLG, 2006d). There is significant scope within the interpretation of PPS3 to allow for Local and Regional variations. For example, achieving a successful and sustainable mix of housing should be based upon Local Strategic Housing Market Assessments (SHMA) and other local evidence. This will allow for the type of households likely to require housing and should relate to the economic and social aspirations for the region and local areas thereby ensuring development is sustainable. It will also identify the likely amount of affordable housing provision required for the area. A significant issue with the provision of the SHMA by each Local Authority (LA) is the evidence base for how they are derived and the resources required to develop and maintain them. The SHMA has the potential to ensure development appropriate and sustainable for the area but they may also inhibit development making sites uneconomical to develop with unrealistic requirements for affordable housing, housing mix and density. It has been argued that market forces decide what is appropriate where the private sector are well placed to advise. The publication of the SHMA by local authorities must consider the market forces for the area otherwise there remains significant potential for economically unviable sites and unsustainable communities. Table 5 summarises the key policies within PPS3 and assesses their relevance to sustainable brownfield development. 37
  • 49. Table 5: Key Policies and objectives of PPS3 and their relevance to Sustainable Brownfield Development (SBD) (Summarised from DCLG, 2006d) Policy Objectives Relevant to SBD Achieve High Quality Housing Ensure development reflects the planning guidance for Climate Change and the Code for Sustainable Homes √ Promote Design Codes √ Achieve a Mix of Housing Determine the likely percentage of affordable and market housing √ Identify likely profile of householder types Identify size and type of affordable housing Ensure proposed mix on strategic sites achieves local aspirations and on smaller sites it contributes to wider area aspirations Market Housing Identify the need for low-cost market housing Affordable Housing Set the local target for amount of affordable provision Set local targets for social-rented and intermediate affordable housing Specify size and type of housing for areas and if necessary on site-specific basis √ Set minimum site size thresholds Determine the approach for seeking developer contribution ie. On-site, off-site or financial provision √ Making Effective Use of existing Housing stock Provide an Empty Homes Strategy √ Where appropriate utilise Compulsory Purchase powers √ Assessing an appropriate level of housing PPS 3 suggests that Regional Spatial Strategies should dictate the regional approach to addressing affordable housing needs. This should include an affordable housing target for the region and each housing market area. PPS3 has set a national indicative minimum site size threshold of 15 dwellings before affordable housing provision is required (DCLG, 2006d). However there is further scope for Local Planning Authorities (LPA’s) to set lower minimum thresholds if there is an identified local need. Within the Local Development documents, LPA’s should set an overall target for the amount of affordable housing to be provided (DCLG, 2006d). Figure 14 indicates an example of the costs associated with the provision of affordable housing using a current case study. 38
  • 50. Affordable Housing Provision Case Study Site Use Existing Fuel Filling Station and Car Sales Commercial Site Value £750,000 Proposed Use 24 Speculative Units Planning Status Planning Application Registered May 2007 LA Affordable Housing Threshold 25 units May 2007 LA Affordable Housing Threshold 15 units July 2007 ________________________________________________ Scenario 1 – 24 Speculative Units No Affordable Provision Gross Land Value £1,036,509.31 Abnormal Costs £129,475.00 Net Land Value £928,976.85 ________________________________________________ Scenario 2 – 28 Speculative Units 40% Affordable Housing Provision (Shared Equity) Gross Land Value £1,233,582.42 Loss of sales revenue on non-spec £1,159,819.52 Non-spec Incomes/costs £845.500.47 Abnormal Costs £129,475.00 Net Land Value £767,650.37 ________________________________________________ Scenario 3 - 28 Speculative Units 20% Affordable Housing Provision (Shared Equity) 20% Affordable Housing Provision (Rent) Gross Land Value £1,241,089.31 Loss of sales revenue on non-spec £1,159,819.52 Non-spec Incomes/costs £709,000.47 Abnormal Costs £129,475.00 Net Land Value £655,607.26 _______________________________________________ Scenario 4 - 14 Speculative Units No Affordable Provision Gross Land Value £804,423.20 Abnormal Costs £129,475.00 Net Land Value £693,488.15 Figure 14: Case Study Example of the Costs of providing Affordable Housing 39
  • 51. The planning application was submitted while the LA planning policy had a affordable housing threshold of 25 units. Prior to the determination of the application the LA changed their policy to 15 units and as it was in line with PPS3 they were able to introduce it as Supplementary Planning Guidance without consultation with stakeholders. Figure 14 demonstrates the financial effects of this policy change and the effect on land value. The preferred option is for affordable provision is 50/50 shared equity and rental housing; however Figure 13 indicates the difference in costs of providing 100% shared equity and 50/50 split on flats. As a result of the change in affordable housing policy the site is unlikely to be sold for residential development as the vendor is able to sell the site as an existing business for £750,000. This could therefore impact on the amount of development land being made available for residential development and will therefore reduce the amount of brownfield development. Planning and the Principles of Sustainable Development In 1992 world governments committed to sustainable development at the Rio summit with the UK producing a national strategy in 1994 known as Sustainable Development, the UK Strategy (DOE, 1994c). This was consolidated in 1999 with the publication of A Better Quality of Life (DETR, 1999a) which outlined the processes and proposals to deliver sustainable development measured using economic, social and environmental indicators. This also incorporated the key objectives of the European Unions Sustainable Development Strategy. The four central aims of the 1999 strategy were: Social progress which recognises the needs of everyone Effective protection of the environment Prudent use of natural resources Maintenance of high and stable levels of economic growth and employment (DETR, 1999a) The aims and indicators of the 1999 Strategy have been reviewed in the UK Governments 2005 strategy Securing the Future; Delivering the UK sustainable development strategy (HM Government, 2005) with specific indicators for the use of PDL and density of new developments. 40
  • 52. The overarching policy on delivering sustainable development through the planning system is Planning Policy Statement (PPS) 1: Delivering Sustainable Communities (DCLG, 2005b). Planning has a key role to play in the development of sustainable brownfield sites and the creation of sustainable communities as it forms a core principle underpinning the planning system. Specific requirements within PPS1 relevant to sustainable brownfield development in Cornwall are; Development plans should promote socially cohesive development designed for the diverse needs of the community Protect and enhance historic and natural environment with re-use of PDL at higher densities and mitigation of pollution/contamination Ensure suitable locations for high quality, sustainable housing, retail, tourism, commercial and leisure facilities with sustainability concepts enshrined in their design and construction and availability of appropriate infrastructure Integrate concepts of sustainable development within Regional Spatial Strategies and Local Development Documents which provide the framework for delivering sustainable development Promote high quality inclusive design to create attractive and useable spaces that will last and can adapt to changing needs of the community Increasing community involvement at each stage of the planning system to ensure proposals reflect the needs and aspirations of the communities (DCLG, 2005b) Sustainable development is intrinsically linked to PPS3 and a significant objective within PPS3 is to “create sustainable, inclusive, mixed communities in all areas, both urban and rural” (DCLG, 2006d). Planning Obligations/S106 Agreements The Regional Spatial Strategy defines the planning obligations policies at the regional and sub-regional level. Local Development Documents must generally conform to the regional policy which allows developers to plan for likely planning obligations prior to submission of applications. 41
  • 53. A large proportion of land acquisitions where no planning agreement is in place, tend to be accepted on a ‘subject to securing positive planning agreement’ and therefore planning obligations are unlikely to be an issue prior to acquisition of land. They do however impact on the economic viability of site development. Planning obligations are private agreements between Local Authorities and land owners or developers. They are used to: Prescribe the nature of the development - Affordable Housing Provision - Presumption is to provide on-site affordable provision • Compensate for loss/damage caused by a development - provision of green space within the development - financial provision for green space off-site - provision for loss of ‘rights of way’ • Mitigate a developments impact - increased public transport provision - provision for local schools - provision for children’s play areas - additional community facilities (ODPM, 2005a) Contributions to satisfy the planning obligation can be in kind or a financial contribution. They can also include single payments, phased payments, maintenance payments and pooled payments involving contributions from a number of developments. Pooled payments are often used for large infrastructure provision such as significant highway development or flood mitigation measures. Section 106 agreements are often financially significant and Local Planning Authorities need to balance the local need for development and the local need for any contributions. LPA’s must not be unreasonable in their requests. Obligations can be reduced to reflect the abnormal costs often associated with brownfield sites but they do not directly reflect any sustainability criteria in the method they are collected or allocated within the community. They are however used to deliver infrastructure such as transport networks, schools etc and are therefore 42
  • 54. being applied to ensure new development is more likely to be sustainable. Their allocation should be restricted within the zone of influence of new development. If Planning Gain Supplements are introduced then s106 agreements will be reduced and relate predominantly to the physical environment of the development site and affordable housing. 3.2.2 Building Act, 1984 and Building Regulations The Building Act is the primary legislation under which the Building regulations are made. The Building regulations have been revised a number of times since 1991 with the most recent revision in 2007 relating to the Energy Performance of Buildings reflecting the Governments commitment to the climate change agenda. The Building Regulations 2000 control all building work and therefore a further tier of regulation that effects sustainable brownfield development. Table 6 indicates the specific requirements of the Building regulations that relate to sustainable brownfield development Table 6: Summarised parts of Building Regulations relating to sustainable brownfield development Part Section Relevant to sustainability Relevant to brownfield Relevant to development A: Structure A2 Ground Movement √ √ C: Site Preparation & Resistance to moisture C1 Preparation of site √ √ C2 Dangerous & Offensive substances √ √ C3 Subsoil drainage √ √ L: Conservation of Fuel and Power L1 √ √ Part L is aimed at improving energy efficiency and delivering significant carbon savings. The Sustainability and Secure Buildings Act (OPSI, 2004c) is designed to focus Building Regulations on addressing the sustainability of new buildings Code for Sustainable Homes The code has been introduced following the overwhelming evidence regarding climate change and energy use. Its primary purpose to drive changes in 43
  • 55. sustainable home building practice and forms the standard for key design and construction elements which affects how sustainable a new home is following occupation. The standard reflects the occupation of new homes and provides for high standards of sustainable living as society moves towards zero-carbon home. It will form the basis of developments in the Building Regulations with regards to energy use and carbon emissions. The costs of implementing the code can be significant and independent research has demonstrated that bringing new homes up to Code 5 of the Code for Sustainable Homes costs £26,000 to £36,000 (English Partnerships, 2007). Although voluntary the Code is a clear political commitment to sustainable development from the point of occupation. Public-Private partnerships are designing new schemes in accordance with the Code. There is however a significant omission in the Code which reflects the sustainability of the building materials and methods of construction and remediation technologies used to construct the projected new homes. The Code is also applicable to all development and does not differentiate between greenfield and brownfield sites. 3.2.3 Waste Management Legislation, Policy and Guidance The EU Landfill Directive 1999 was transposed in UK legislation as Landfill Regulations in 2002 (OPSI, 2002). The aim of the Directive and therefore the Regulations is to reduce the negative effects of landfilling on the environment and human health. Under the Regulations there are set procedures and criteria for waste acceptance at landfills and landfills have been classified into three categories: • Inert • Non-hazardous • Hazardous The difficulty for brownfield redevelopment is waste disposal for remediation and construction arisings. The nearest hazardous waste disposal site in the south west is located in Cheltenham or Swindon, a significant distance from Cornwall. This is likely to increase development costs on contaminated brownfield sites in 44
  • 56. Cornwall where landfill disposal is the chosen remedial technique. The fiscal incentives of Land Remediation Relief and Landfill Tax exemption are available to off-set these additional costs. Table 7: List of Waste Management legislation and policy and the impact on sustainable brownfield redevelopment in England Name Date of Issue Relevance to Sustainable Brownfield Development Hazardous Waste (England and Wales) Regulations 2005 Defines hazardous waste and controls movement and records Requirement to notify of removal of hazardous waste produced on a development site Relevant to development of brownfield sites where contaminated however contains no sustainability provisions Landfill (England and Wales) Regulations 2002 Classifies landfills into hazardous, non-hazardous and inert which is relevant to the remediation of contaminated sites Specifies the Waste Acceptance procedures for landfilling of wastes from brownfield development sites Landfill (England and Wales)(Amendment) Regulations 2004 Replace waste acceptance criteria (WAC) and procedures which are relevant to remediation of contaminated sites Landfill (England and Wales)(Amendment) Regulations 2005 Sets WAC for monolithic waste – relevant to use of remediation techniques prior to landfill Set limits for inert waste for Polyaromatic Hydrocarbons (PAHs) relevant for landfill disposal The Environmental Protection (Duty of Care) Regulations 1991 Relevant to removal and deposit of waste from development site The List of Wastes (England) Regulations 2005 Classification of waste from brownfield development sites The provision of the legislation listed in Table 7 promotes sustainable redevelopment of brownfield sites in that it discourages the use of landfill as a remediation technique. However there currently remains a need for landfilling of certain wastes and dependant on individual site circumstances (insufficient time or space for treatment based technologies). The Landfill Regulations are likely to increase the development costs for brownfield sites although it is hoped that they will reduce the dependence on ‘dig and dump’ and utilise treatment based technologies. Section 3.2.4 discusses the concerns regarding sustainability of remediation technologies. There is currently a ban on the re-use of hazardous waste within a site once it has been excavated therefore forcing this waste to be landfilled. 45
  • 57. Cluster, Hub sites and soil treatment centres have been proposed as alternatives to landfill whilst offering removal of liability from sites, increasing the speed of development and removing the requirement for treatment space within the development site. 3.2.4 Pollution Control/Remediation Permits and Technical Guidance These tend to be involved in the redevelopment of contaminated sites and include: Mobile Treatment Licences (MTL) Land Drainage Consents Waste Management Exemptions Discharge Consents They do not have specific sustainability criteria applied such as energy use, waste generation and therefore form a regulatory control on construction and remediation activities on brownfield sites but do not contribute to the sustainability agenda. The guidance contained within CR11 and specifically Options Appraisal provides significant control mechanisms for selecting remediation technologies during the redevelopment of contaminated sites. During the Options Appraisal minimum consideration is given to the sustainability of each technology for the site through the setting of site specific objectives. There is scope for this to be further advanced to ensure that the most appropriate technique for the site is selected based upon feasibility, cost and time with sustainability criteria applied at each stage. In the correct circumstances landfill may be the most sustainable technique due to the ‘real’ costs of operating soil treatment technologies such as energy usage and particulate and gaseous emissions. There is a growing concern that the carbon footprint of each technique should be evaluated for each site to ensure the most sustainable remediation technology is utilised. Historically the main issues when selecting a remediation technique has been cost and feasibility and alternatives to ‘dig and dump’ have often been considered as sustainable as they have reduced impacts from excavation and disposal to landfill. However, awareness is growing regarding the carbon footprint of each technique and although environmental impact and cost benefit analyses are used to assess sustainable brownfield redevelopment, CLAIRE (Contaminated Land: 46
  • 58. Applications in Real Environments) suggests that a “life-cycle based approach is necessary in order to fully assess the true impacts of remediation” (CL:AIRE, 2007). 3.3 Regional Documents 3.3.1 Regional Planning Guidance The South West region needs economic and social growth to provide the housing and facilities needed by the regional population. The distribution of new development and infrastructure is indicated within Regional Planning Guidance (RPG) 10. The Regional Planning Guidance for the South West is detailed in RPG10 and recognises that the south west can be broadly divided into 4 spatially defined areas. The western sub-region represents the majority of Cornwall where there is a need for strong policies and action to tackle long term and deep seated economic and social problems, accentuated by the peripherality of the County (GOSW, 2001). The document sets out the broad development strategy and provides the spatial framework for other strategies such as the Regional Housing Strategy. It must consider the Regional Sustainable Framework which has set the regional vision for achieving sustainable development. Sustainability is a continuing thread throughout the Spatial Strategy with the aim of balancing the social, economic and environmental needs of the region through the allocation of land. The Spatial Strategy has a crucial role to play in the sustainable development of brownfield sites in Cornwall as it is the regional guidance for land allocation and infrastructure provision. It specifically guides each Local Authority in provision of their Development Plans and directs the concentration of new development within the 11 identified Principle Urban Areas (PUA) as the most sustainable method of ensuring future growth of the area without compromising other needs. It also encourages LA’s to recognise the needs of the area and the promotion of ‘sustainable patterns of development’ (GOSW, 2001). No PUA has been designated in Cornwall however the Camborne-Redruth area has been recognised 47
  • 59. as an area for growth and regeneration and an Urban Regeneration Company has been created for this area. In areas of the region outside of Cornwall development has jumped designated green belt land which has led to unsustainable growth of commuter towns and villages. The RPG’s view is that to achieve sustainable growth of the region development should be concentrated within the PUA’s and green belt boundaries may need to be reviewed. The spatial strategy takes account of the great diversity of the region in terms of planning, environmental, social and economic issues (GOSW, 2001) and development and infrastructure is located accordingly. 3.3.2 Regional Spatial Strategy (RSS) for the South West The RSS is the first stage in the two-tiered plan system currently used in England and Wales. It was introduced through the Planning and Compulsory Purchase Act, 2004 and sets out the overarching spatial planning strategy for a region for the long term future. The RSS for the South West is currently a draft document but will supersede RPG10:2001 following its adoption and is therefore relevant when considering the potential impact of legislation and guidance on future sustainable brownfield development in Cornwall. The key challenge within the RSS is to maintain and encourage economic growth and meet the needs of a growing and changing population whilst ensuring protection of the diverse environment. The aim is to locate development in places where jobs and homes can be more in balance (SWRA, 2006) with appropriate infrastructure thereby reducing the dependence on car travel and vehicle emissions. The concern within the RSS remains the provision of funding for social, health, education and transport infrastructure to support the increased levels of development required for the region and without suitable infrastructure development, even on brownfield sites is unlikely to be fully sustainable. The RSS has been developed in parallel with the Regional Economic Strategy as they are intrinsically linked. 48
  • 60. The Strategic Sustainability Assessment process has been applied at each stage in the development of the RSS satisfying the requirements of PPS11 and ensuring that proposals are sustainable. The draft RSS takes into consideration the vision for the region outlined within the Regional Sustainable Development Framework, 2001: ‘the South West must remain a region with a beautiful and diverse environment. By working together and applying the principles of sustainability we can achieve lasting economic prosperity and social justice whilst protecting the environment. This approach will secure a higher quality of life now and for future generations.’ Figure 15: The Five inter-linking aims of the Draft RSS (SWRA, 2006) The sustainability context for the RSS is set within four high level Sustainable Development policies and these underpin the interlinking policies indicated in Figure 15. The RSS suggests that 7,500 affordable homes will be provided within the region per year until 2026. It suggests LA’s should seek to secure a minimum of 30% affordable housing provision each year across housing developments rising to 60% in areas where there is a greater need. It also suggests that the density of housing developments should exceed 30 dwellings per hectare to facilitate the 49
  • 61. provision of sustainable transport systems which may be hindered with a lower development density. The RSS would appear to contribute to the sustainable development of brownfield sites within Cornwall though the setting of a framework for managing growth and change is a sustainable manner and creating sustainable communities. 3.4 Cornwall Documents 3.4.1 Cornwall County Structure Plan, 2004 The Structure Plan forms a key element of a framework of policies that together form the basis of planning decisions. It sets out the long term strategy for development in Cornwall and considers local priorities for the economy, transport and the environment. The County wide priorities and policies are interpretated at a local level through Local Development Documents. ‘Development should bring about a long term and sustainable improvement to Cornwall’s economic, social and environmental circumstances without harming future opportunity’ (CCC, 2004) The Structure Plan identifies a County housing need of approximately 29,500 new dwellings between 2001-2016 with an annual average of 1,970 (CCC, 2004). The Structure Plan and policies contained within it will be replaced by the RSS currently in preparation. The priority for Cornwall is to focus development in existing built-up areas of towns and villages with priority given to previously developed sites. However the Plan only indicates a target of 40% of Cornwall’s housing development on brownfield sites which is significantly lower than the national target of 60%. No brownfield development targets are provided for employment, tourism and recreation land uses. A key requirement of development in the Cornwall area is that it must ‘contribute towards sustainable development and the enhancement of the quality of life in Cornwall’ and protect the ‘rich and diverse character is the bedrock upon which sense of place and quality of life is founded’ (CCC, 2004). 50