URBAN BROWNFIELDS CONTENTS

PREFACE Page 3

1. INTRODUCTION 1.1 Background 1.2 Overview of the redevelopment of urban brownfields 1.3 The value of a comparativ study 1.4 Methodology 2. NATIONAL POLICY

5 5 5 6 7 8 8 14 16 19 19 19 20 21 24 25 25 27 28 32 32 32 34 35 37 38 38 38 41

2.1 Policy framework for urban redevelopment 2.2 Financial arrangements 2.3 Actors
3. CASE STUDIES

3.1 Cramique Maastricht 3.1.1 Background 3.1.2 Specifications 3.1.3 Description 3.1.4 Results 3.2 CiBoGa Groningen 3.2.1 Background 3.2.2 Specifications 3.2.3 Description 3.2.4 Results 3.3 De Wolfsdonken s Hertogenbosch
3.3.1 Background 3.3.2 Specifications 3.3.3 Description 3.3.4 Results 4. SUMMARY AND CONCLUSIONS

4.1 Main policy aspects 4.2 Lessons from the case studies
APPENDIX: List of contact persons

PREFACE
This report gives a short review about the policy on urban brownfields in the Netherlands. The Dutch policy on contaminated sites is shortly explained with some examples of the daily practice. The review has been written by the bureau Zandvoort Planning & Advice by/in order of the Ministry of Housing, Spatial Planning and the Environment and will be used by the OECD for an international study of policies and projects to redevelop urban brownfields.

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1.1

Introduction
BACKGROUND

In the first half of 1997 the OECD decided, in cooperation with the EPA and the ICMA, to carry out a comparative study of policy on urban brownfield sites. This paper is the Dutch contribution to this comparative study. The paper outlines Dutch policy with regard to the development of urban brownfield sites, highlighting particularly those features which characterise Dutch policy. There are three levels of government in the Netherlands, i.e. central government, the provinces and the municipalities. Each has its own responsibilities and tasks, some autonomous and some complementary to one another. An important aspect of policy on the development of brownfield sites is its integrated nature. The description of policy will be illustrated by means of three examples of successful urban development sites.

1.2

OVERVIEW OF THE REDEVELOPMENT OF URBAN BROWNFIELDS

The OECD defines urban brownfield sites as "vacant, derelict, underused lots in urban areas, with actual soil contamination or risk of soil contamination".

Dutch context In the Dutch context, urban brownfield sites are areas in towns and cities where in the past industrial activity has taken place but which have since fallen into disuse. In such areas often there is a combination of a weak social, economic and spatial structure. By way of restructuring and urban economic development the position of these inner city sites can be strengthened. The number and scope of the Dutch brownfield sites is in comparison with other countries in general much more restricted. This is mainly due to the long planning tradition and the relatively high demand for space in urban areas in the Netherlands. Urban brownfield sites in the Netherlands mostly are industrial sites which have fallen into disuse, formerly occupied by industries which have become obsolete or undergone radical change 1, such as textile, mining, metals, tobacco, paint and printing industries; shipyards and (obsolete) dockyards, such as in Amsterdam, Rotterdam and Zaanstad; sites which have been extensified and (former) gasworks. After a period of prosperity, these activities have become obsolete, the needs of present generations have changed and decline has set in. The area of land occupied by these industrial activities in or near
1

According to a recent study commissioned by the Ministry of Economic Affairs, between 9,000 and 11,000 hectares of industrial sites are obsolete in the Netherlands. 5

old town centres is generally quite small, but their location can have, because of their situation, have a considerable negative spin-off.

The issue At the time when industrial activities were developing in towns, the environmental consequences of our actions were generally only poorly understood. Partly as a consequence of this, activities of this kind often have led to environmental damage. The soil has had to bear not only many localised instances of contamination due to point sources, but also large-scale diffuse contamination. Failure to renew these areas often also influences the environmental quality of the surrounding area. Adverse social and economic phenomena occur which lead to physical decline, deterioration of the quality of life, crime, etc. In the end this can create a negative spiral of mutually reinforcing processes. This can eventually sap the vitality of the city as a whole.

The development of new undeveloped sites at the urban edges is often more attractive than restructuring the existing urban area. Development of these, spatially less well situated sites is generally less expensive. The redevelopment of inner city sites is as a rule costly because of the high land prices and the costs of removing soil contamination. Furthermore combining functions here often brings along environmental impediments. 2. On the other hand, inner city sites with development potential often lie strategically adjacent to the city centre, which can greatly increase their potential gains. Thereby leads the development of inner cities to (further) intensification, which can help to enhance the quality of urban life and is consistent with the goal of increasing sustainability. Making towns compact has a positive effect on reducing transport needs and means fighting urban sprawl3. From the late seventies onwards Dutch policy makers have started to work structurally with urban brownfield sites4. This was not only because of the risks associated with these areas, but also starting from the assets as described above.

1.3

THE VALUE OF A COMPARATIVE STUDY

Improving the quality of urban life figures high on the agenda not only in EU member states but also

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In introducing new functions, there has to be reckoned with environmental zones (noise, major hazard, odour) around or in relation to existing functions. There are also disadvantages associated with the compact city: see section 2. The first such sites to be tackled were generally the least financially risky. These were either sites with enormous potential where costs were low or sites which were very strategically situated in the existing urban area. Sites with high development costs offering relatively poor returns initially remained undeveloped. 6

elsewhere in the world. There are considerable differences however in the approach depending on the instruments available and the actors involved, bearing in mind the differences in historical background, administrative culture, decision-making structure, etc. Differences of this kind mean that policy with regard to the redevelopment of urban brownfield sites is not everywhere at the same level. Some countries have already made considerable progress in developing policy in this area while others are still in an early stage. There are also differences in the way policies in this field are shaped. In developing or redirecting policies in this field countries can learn from one another. In the Netherlands large scale redevelopment has been taking place already for several decades. The approach adopted has evolved considerably over the years. At present it is characterised as an integrated approach with an eye for the diversity of actors involved and their interests. The present approach also provides for the interchange of experience between the various actors involved.

1.4

METHODOLOGY

The first step of the study is to describe in both technical and organisational terms the Dutch policy framework for the development of urban brownfield sites, including that for related (sectoral) policy areas. The issues considered are the structure of Dutch policy, the legal standards for the cleanup of contaminated land, the details of policy and the financing of restructuring projects. The description focuses particularly on developments over the last ten years, during which there has been an upsurge of policy interest in urban regeneration. The second step aims to describe three examples which illustrate the Dutch policy (as presented in the first step). These examples were selected with regard to three processes as part of the transformation, namely: functional change; improvement; increasing density.

The examples were chosen so as to achieve a geographical spread over the Netherlands and various provinces. The following three examples were selected: Cramique Maastricht (functional change, improvement); De Wolfsdonken in 's-Hertogenbosch (functional change, improvement); CiBoGa in Groningen (functional change, increasing density).

These projects are examples of innovative approaches taken in the Netherlands rather than being representative of redevelopment projects as a whole.

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2.1

National policy
POLICY FRAMEWORK FOR URBAN REDEVELOPMENT

Policy structure In solving problems related to urban brownfield sites in the Netherlands is chosen for an integrated approach. This means that efforts are made to produce a coherent solution drawing from various policy sectors and from different administrative levels. The result is a veritable policy patchwork quilt, in which central government, the provinces and the municipalities have very different responsibilities and tasks. Central government policy concerning the restructuring of towns is a matter for, amongst others, the Ministry of Housing, Spatial Planning and the Environment ('VROM'). Urban regeneration policy, which originated from housing and spatial planning policy, is now as well supported by the environmental policy . The Ministry of Transport, Public Works and Water Management ('V&W'), the Ministry of Economic Affairs ('EZ') and the Ministry of the Interior ('BIZA') now also greatly contribute. Their policies are set out in a number of policy documents, many of which are drawn up jointly. This helps foster integration in policy development and implementation.

The main national policy guidelines relevant for urban brownfield sites are set out in: The policy document 'Housing in the 1990s' (VROM, 1989); The Supplement to the Fourth Policy Document on Spatial Planning (referred to as 'VINEX' VROM, 1993); VINEX update (VROM and Ministry of General Affairs, 1997); The National Environmental Policy Plan 3 (VROM, EZ, LNV5, V&W, Ministry of the Interior and Ministry of Finance); 'Space for the regions' (EZ, 1995); Second Transport Structure Plan (V&W and VROM, 1990).

The policy set out in the various policy documents is elaborated not only in further policy documents and legislation, but also in a variety of financial schemes and implementation programmes. The main instruments are described below. Many of these instruments provide extra links between the various policy fields. Integration is therefore effected not only at the strategic policy-making level, but also in its implementation.

Main policy elements The Netherlands formally launched its urban approach with the Urban and Rural Regeneration Act in 1985. The policy, which originated mainly from the housing and economic departments, was aimed at urban renewal. The aim was to bring about the physical improvement of the built environment. Formally its purpose was to eliminate the quality deficits of the residential, working, production and living environments in the built up area from before 1970. During the 1990s this policy was widened into one of urban regeneration. Urban regeneration goes beyond simply modifying the housing stock and the immediate (living) surroundings. It also involves the infrastructure, green spaces, economic activities and other neighbourhood facilities. On behalf of maintaining and improving the spatial conditions needed to ensure the proper functioning of towns, not only physically but also socio-culturally and economically, urban regeneration stresses to create a good living and production environment, by utilising the existing assets in the field of housing, employment, leisure and care, and by mixing these functions. Next to urban renewal the concept of urban restructuring is also important. Urban restructuring seeks to achieve a greater differentiation of the quality of housing and work where the general well being is under pressure.

In recent years spatial planning policy has been aimed at such a development whereby the daily functional relationships in terms of living, working and care are able to operate at the level of the urban region. The policy aim in developing urban regions is to locate new residential, work and recreational areas and service amenities in or as close as possible to larger towns. In practical terms this has led to the designation of so-called 'VINEX' locations 6. As well as urban concentration, the policy aims to achieve also an mixing of functions and an increasing differentiation within functions. In the late eighties spatial planning policy concerning urban development has been focused on 13 socalled nodal towns7. This policy aims at strengthening the role of these towns as service centre for the surrounding region by concentrating amenities and improving accessibility. The emphasis is on 'strengthening the strong'. In the mid-1990s the Ministry of the Interior devised a policy specifically to deal with the four largest8 and 21 medium-sized towns 9 in the Netherlands: the major cities policy. (GSB-policy) It aims among others on strengthening the economic structure and the vitality of the (larger) towns concerned,
5 6

8 9

Ministry of Agriculture, Nature Management and Fisheries. These are locations designated by central government for the large-scale construction of new housing and, to a lesser extent, commercial/industrial premises and recreational facilities. The Fourth Policy Document on Spatial Planning designated the following nodal towns: Amsterdam, Rotterdam, The Hague, Utrecht, Groningen, Arnhem/ Nijmegen, Eindhoven, Enschede/Hengelo, Maastricht/Heerlen, Leeuwarden, Zwolle, Breda and Tilburg. Amsterdam, Rotterdam, The Hague and Utrecht. Almelo, Arnhem, Breda, Deventer, Dordrecht, Eindhoven, Enschede, Groningen, Haarlem, Heerlen, Helmond, Hengelo, 's-Hertogenbosch, Leeuwarden, Leiden, Maastricht, Nijmegen, Schiedam, Tilburg, 9

tackling disadvantage and strengthening the social structure. Within this policy concern is both for the relationship between investment in the physical and the social infrastructure and the relationship between urban renewal and well being and safety in towns. This theme involves site based approach aiming at prevention, management and maintenance. The GSB policy is meant for the city as a whole.

The Dutch authorities have been pursuing an active environmental policy since the late 1980s, aimed at creating a more sustainable development. Contaminated land is one of the central themes of this policy. The policy with regard to the soil is to achieve and maintain a sustainable soil quality.

Policy implementation As mentioned earlier, Dutch policy on urban brownfield sites is increasingly characterised by an integrated approach. Many different sectors of government contribute to the urban regeneration and GSB (larger towns) policy described above. For this purpose various programmes have been developed by the different policy sectors. The main ones are summarised below.

Key projects (Sleutelprojecten) The key projects approach was launched in 1988 as part of the central government policy implementation strategy. Key projects spatial development are specific investment projects for urban areas, infrastructure and the relevant environmental technology which are of strategic importance for the spatial development of the Netherlands. They contribute significantly to the implementation of major features of spatial planning, traffic and transport, environmental, housing and economic policy. The key project approach is designed to further the realisation of some (key) projects. The road chosen is projectwise accelerating and coordinating of decisionmaking on investment.

City & Environment (Stad & Milieu) Concentrating activities in cities has disadvantages as well as advantages10. Within the framework of the second and third National Environmental Policy Plans, the City and Environment project looks at both sides. The starting line of the project that under the primary responsibility of the local administration an excellent living and working climate in towns is created, by way of a site oriented approach. The essence of the approach is that municipalities

10

Venlo, Zwolle. This is referred to as the 'paradox of the compact city'. 10

get greater freedom and responsibility to assess integrally all assets and values concerned. The project seeks, by way of 24 experiments, in the daily practice the optimum integration of spatial planning and environmental policy with in mind (integral) implementation. In cases where the current environmental standards and procedures stand in the way of a good integrated assessment the municipalities are permitted to relax them in exceptional cases. A special Experiment act provides the legal basis for departure from the statutory standards and procedures, and applies only to the 24 experiments approved by the Minister.

Promoting policy synergy The project 'Quality on Site' stands for integrating the various qualities of urban areas. Objective is stressed the integration of spatial, environmental and housing quality at VINEX locations. Central in the project is the exchange of knowledge between central and local government, market partners and designers and interest groups.

Another tool by which central government policy is being implemented is the model plans of the National Spatial Planning Agency. These are intended to acquire ideas for implementing spatial policy as set forth in the Fourth Policy Document on Spatial Planning. All is about innovative ideas capable of being used by other actors such as municipalities.

Stimulation programme Intensive Use of space VROM recently has formulated a new instrument to promote the efficient use of land, the so called Stimulation programme Intensive Use of space (StIR). The goal of this programme is the improvement of spatial quality by providing for spatial resources in cities to be used more intensively. The programme is directed not only at planning and implementation but also at support and building expertise amongst those involved in implementation. In spring 1998 public bodies and private organisations will be allowed to submit projects which, if awarded model status, will qualify for central government subsidy.

Contaminated soil cleaning policy (BEVER' project) Urban brownfield sites in the Netherlands are characterised by various environmental problems. Soil contamination is generally the most severe problem. Central government is currently in the process of renewing its soil contamination policy. Six trends have been designated which form this policy renewal: integrated rather than sectoral approach; function-oriented rather than multifunctional clean-up;
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process-oriented rather than project-oriented; decentralised rather than centralised; private sector rather than public sector; sharing values rather than imposing values.

Mid-1997, the process of renewal policy in this field has led to the Cabinet decision to radically change the direction of policy on soil contamination to allow more sites to be cleaned-up more quickly. This change of policy is intended to increase both the societal and the environmental benefits.

The intention is that the remediation of land already contaminated from now on will be adapted to the future use of the soil - known as function-oriented remediation. This means that the ambition to restore the multifunctionality of the soil, as had hitherto been the objective, in such cases is abandoned11. This will allow more rapid progress to be made in cleaning up contaminated land in an environmentally sound manner while keeping down the costs. In addition, the government intends to take financial, legal and fiscal measures which make it more attractive for the private sector to invest in remediation of contaminated land. To try to give a further impulse to market dynamics a change is considered to the adoption of a system of mixed financing.

Policy on noise The Dutch Noise Nuisance Act distinguishes between industrial, road, rail and aircraft noise. There are also different sets of standards for existing and new situations. In this context, 'new' means cases where there is as yet no approved municipal destination plan. To new situations apply more stringent standards than to existing situations. The Noise Nuisance Act regards noise sensitive functions such as houses, schools, hospitals etc. For example offices and other businesses are not regarded as being noise-sensitive. The spatial rendering of inner city areas is, as a consequence of the Noise Nuisance Act strongly influenced. In certain areas certain functions may not be located.

Policy on noise is set to change drastically in the near future. The project Updating Instruments Noise policy (MIG) is based upon a new steering philosophy, in which objectives set at all three administrative levels will play an important role. An important principle is Doing locally what can be done locally. In the future noise policy municipalities will

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formulate their own noise objectives and decide on the measures needed to meet them. Municipalities will themselves set their own limit values, which can differ for different areas. The provinces and the central government will set their own objectives, policy and standards for their own activities. The proposals lead to a more custom made and flexible approach and fit in with the pursuit of a more integrated environment policy.

Policy on major hazard Policy with regard to major hazard requires that there should be a physical separation between sensitive functions and activities involving hazardous substances. There are specific guidelines applying to certain categories of companies. It is a general principle in Dutch environmental policy that measures should first be taken at the source. Only thereafter is effect mitigation appropriate. Municipalities assess whether the gain in environmental quality justifies the costs involved (the ALARA principle 12). Policy on major hazard makes use of two measures: individual risk and societal risk13. The individual risk represents the probability of a fatality occurring at a given point due to a specific activity. This risk can be reduced through zoning. Societal risk represents an estimate of the probability of a disaster occurring which might cause a given number of fatalities. Higher concentrations of nearby residents are associated with higher societal risk. Small-scale construction within existing urban areas does not increase societal risk because this is assumed to be compensated by the reduction in mean household size.

Legal standards on clean-up of contaminated land The legal standards on the clean-up of contaminated land are laid down in the Soil Protection Act. When it came into force in 1987, this Act established a duty of care for the soil, imposing a statutory clean-up requirement for contamination resulting from certain activities defined in the Act. The soil quality must be restored to its original (pre-1987) state.

In 1994 new regulations were drawn up for cases of contaminated soil which already existed before the Soil Protection Act came into force (1 January 1987). These regulations provide a legal and financial framework for tackling severe and environmentally urgent cases of contaminated land. Contamination is defined in a Ministerial Circular as severe if the intervention value is exceeded. The intervention value is the concentration level in the soil above which there is a serious or potentially
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A change in the law will be required to achieve this. ALARA = As Low As Reasonably Achievable. 13

serious impairment of the functional properties of the soil for humans, flora and fauna. The Soil Protection Act provides that in a case of severe contamination, the competent authority (usually the province) will indicate, by means of an order, whether or not it is to be treated as environmentally urgent, given the present use of the land. A decision in this regard is based on the present risks associated with the current level of contamination. The competent authority sets a term for the cleanup, dependent on the degree of urgency involved14.

The clean-up regulations make a clear distinction between cases where remediation is effected by the party concerned and where it is the authorities who have the work done. In principle the party responsible for causing the contamination is liable for the costs of clean-up, in accordance with the polluter pays principle. If this proves impossible, for example because the responsible party cannot be traced, the owner/leaseholder is responsible for the contaminated site.

2.2

FINANCIAL ARRANGEMENTS

Government grants for urban regeneration The investment costs needed for urban regeneration can largely be met out of the benefits it brings. Government policy is to leave it increasingly to the private sector to tackle urban areas. It will no longer bear the brunt of the investment costs. Where the costs are not fully covered by the benefits, the government will provide a safety net, but even then, it will have a supporting rather than a lead role. The government contribution will generally be directed towards increasing amenity and the attractiveness of the areas concerned as places to live, work, do business and visit. There are several government grants schemes to cover the shortfall in funding for redevelopment projects. Many of these are associated with the various policy programmes mentioned above 15. A number of other specific sources of funding are also available. These are generally linked to a particular characteristic or component of the project concerned16.

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That for individual risk is a strict value, whereas for societal risk it is advisory. If a case of contaminated land is not deemed to be in urgent need of clean-up, the clean-up requirement remains, but a deadline need not be set. In some of these cases, however, temporary measures need to be taken to ensure that the contamination does not spread. The 'ICM criteria' (Isolate, Control, Monitor) apply in such cases. For example: BELSTATO urban renewal fund (approximately NLG 800 million per year available over the period 1990-2005); Programme to promote more intensive use of spatial resources; Quality on Site. For example the Intrafonds of the Ministry of Transport, Public Works and Water Management, and the 14

Schemes such as StiREA17 and subsidies granted under the major cities policy are intended specifically to promote commercial activity in cities. A multiplicity of specific activities which strengthen the economic structure of cities would qualify for subsidies, such as the construction and revitalisation of industrial estates, shared industrial premises and commercial property in deprived areas.

A single project can often obtain funding from a number of different financial schemes which relate to different aspects of the plan.

Government grants for tackling contaminated land For several years the government's environmental policy has been directed towards 'external integration', i.e. encouraging other policy sectors to accept greater responsibility for the environment and the costs associated with the environment, where relevant to sectoral development or implementation. Many sectoral policy documents and programmes, for example, have already included provisions for the clean-up of contaminated land in their project cost estimates. This is the case, for example, for StiREA, the urban renewal fund, location-related subsidies for housing and infrastructural investments. The Soil Protection Act includes provisions relating to the costs of cleaning up contaminated land18. Where a site is severely contaminated and is deemed to be environmentally urgent, the clean-up is assumed in principle to be the responsibility of the parties concerned. As mentioned earlier (section 2.1), it is firstly the party who caused the contamination, and otherwise the owner/leaseholder, who is responsible for investigating the problem, drawing up a remediation plan and carrying out the necessary measures (and who also bears the costs)19. If the party who caused the problem or the owner/leaseholder refuses to carry out the necessary remedial work, the government can resort to coercion. The government will act as safety net and carry out the work itself only where the clean-up is not performed or funded by a third party and the case is environmentally urgent. In some cases it is a public body which caused the contamination or which owns the land, and which therefore has to bear the costs.

The provinces are responsible for coordinating soil clean-up activities under the Soil Protection Act. In

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VINEX covenants (approximately NLG 900 million budgeted for 1995-2005 for contaminated land). 'Room for Economic Activity' Incentive Scheme. A sum of NLG 75 million is available under StiREA over the period 1996-1999 for the Netherlands as a whole, of which one-third for the four large cities. A sum of NLG 3 million per project is available for restructuring and NLG 7.5 million for new projects. A total of about NLG 500 million is available each year. Agreements in this regard have been made between industry and government for industrial sites currently in use. 15

their soil clean-up programmes the provinces indicate which sites will be tackled from the government budget each year. However, the number of sites requiring clean-up far exceeds the available budget. In practice this means that only urgent projects are tackled quickly under the Soil Protection Act. Priorities for tackling sites based on environmental criteria often do not correspond with the desired planning for the development of urban brownfield sites. In order to resolve this problem, municipalities can, with the agreement of the province, start projects in advance of Soil Protection Act funds being made available if they cover the initial financing. This possibility is limited however, because no guarantees can be given in advance about the size of future budgets and grants.

A decision has been taken, within the context of the national soil clean-up policy, to substantially increase public spending on contaminated land. These extra resources, to be provided within the context of the Soil Protection Act, can be allocated integrally, subject to current priorities and the contributions made by other departments and private organisations, and provided that the contamination involved is severe and environmentally urgent or has a high societal priority.

2.3

ACTORS

This section looks at the various roles, tasks and responsibilities of the different actors involved in the redevelopment of urban brownfield sites. The relationships between the various actors are also considered (who takes the ultimate decisions, who has to consider whom and when, etc.).

The public authorities At present the Dutch are engaged in further decentralisation and deregulation. It is acknowledged that local policy means more than simply implementing the policy determined by central government. The interaction between policy-makers within the various administrative strata is becoming an increasing focus of attention. Municipalities are being given more latitude to implement national policy at the local level in an integrated manner, and to adapt it to local circumstances20. Although this philosophy has not yet been fully applied in all areas of policy, a shift can nevertheless be discerned towards what might be described as 'arms-length management', 'tailor-made policy', area-specific policy, etc. Policy is increasingly being developed at the level at which the problem is felt and can be solved.

The present policy on urban restructuring leaves the responsibility for implementation to the local parties. The municipalities have a key role in this. Their job is to orchestrate and oversee the entire
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This has long been the case in some policy fields, such as spatial planning. Since the Town and Country Planning Act of 1962, municipal land-use plans have involved reconciling the interests of the 16

process, have regard to the desires and interests of local residents and businesses and to monitor the relationship between the interventions being made and the development of the town or city and the surrounding area. The municipalities will also have to create the conditions which encourage the other parties, housing associations and the market to assume the roles expected in this process.

As we have said, there is a clear trend at different levels towards a more integrated approach to urban brownfield sites in the Netherlands. This means that within each level, intensive cross-sectoral cooperation between different policy departments is needed and is indeed occurring. The sectors involved include housing, spatial planning, the environment, location policy, economic affairs and transport infrastructure. This cooperation, which is crucially important in restructuring projects, is fostered by the Town and Country Planning Act, which provides for relevant policy sectors to be formally involved in the development process.

Private sector The redevelopment of urban brownfield sites can involve many different private organisations, including transport companies, investors, developers, landowners, companies occupying or wishing to locate on the site, etc. These parties will obviously have very different interests in relation to the redevelopment of the site, and the way they participate in the process will also vary.

Private companies look at a project in cost-benefit terms. They will only be interested in participating in a project if they think it has some market potential. If the private sector is to be brought into a project, it is therefore important that the costs are reduced or that there are ways in which the return can be improved. In practice, potential investors are increasingly being involved early in the planning process, so that they can help to control costs and/or maximise the potential return.

If the public authorities show confidence in a project by investing in it, private investors will be more inclined to follow. Public investment should create a climate which induces others, e.g. housing associations and other private bodies, to invest in the same neighbourhoods. Furthermore, if the redevelopment is set about in an effective manner it can give rise to a process of self-regeneration which will automatically draw in other parties.

When the government cooperates with the private sector on a redevelopment project, all those involved can bring their own interests, creativity and knowledge to bear to create a realistic and financially sound development which can count on the support of both public and private parties.
various actors involved.

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Public-private partnerships of this kind are becoming increasingly common, and the various stages of the development process are often regulated through agreements, contracts and covenants. A large-scale study by the ICES21 into private sector (user, investor, developer and financier) involvement in the development and use of major infrastructural projects will be completed very shortly. The study is looking both at projects of national importance, such as the siting of stations on the high-speed rail network and underground construction projects, and at major infrastructure on a local and regional scale. The thinking underlying this is that major projects of this kind demand funding on a scale too large for the relevant public authorities to bear on their own. The ICES study is also looking at the redevelopment of industrial sites in inner cities in view of the large number of sites and high costs involved22.

Stakeholders Restructuring and revitalisation projects in the Netherlands increasingly seek the close involvement of at least the local business community, residents, workers and interest groups. Projects involving changes in and the development of urban areas can have differing consequences for the various stakeholders involved.

There is a statutory requirement for some involvement of interested parties. The Town and Country Planning Act provides for the involvement of local residents, and any interested natural or legal person in a relevant municipality, when land-use plans are being prepared or revised.

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Interdepartmental Committee for the Economic Structure. A study is currently being conducted of the various stages needed in the redevelopment process, identifying the stages in which private sector involvement should be promoted, and the policy instruments which need to deployed to facilitate or increase private sector involvement. 18

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3.1

Case studies
CERAMIQUE MAASTRICHT

3.1.1

Background

History The Cramique site is situated at the edge of downtown Maastricht between the historic quarter of Wyck and the new Randwyck commercial centre. Since the middle of the last century this site of some 23 hectares had been the centre of the ceramics industry. Until 1990 it was used by the company NV Koninklijke Sphinx. The last remaining divisions of this company relocated to other sites in the city in 1990.

Catalyst The area forms an important link between the districts of Wyck and Randwyck. Since the advent of the ceramics industry, this site had been isolated from the rest of the city by high perimeter walls. For this and other reasons the site formed a physical barrier separating the outlying areas behind it and the old centre. The development of the site will restore the relationship between these two areas. This is one of the reasons why the municipality of Maastricht has for some time been interested in the Cramique site. Plans to buy it up and develop it came to nothing because of the high price of the land, which the municipality could not afford on its own. On 10 June 1987 Sphinx gave the municipality the opportunity to purchase the entire site. This time purchase could go ahead with the help of the ABP pension fund. Right from the outset ABP indicated that it wished to be involved in the project, based on the shared objective of a high-quality development of the site. ABP therefore concluded contracts, in consultation with the municipality, with three property developers.

The building plans include the following: 1600 homes; 70,000 m2 (gross floor area) offices and other establishments; 20,000 m2 hotel accommodation; 20,000 m2 for cultural and other non-commercial purposes; 5,000 m2 for catering and retail; 4,400 parking spaces (the majority underground/covered).
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In addition a number of supra-local facilities will be built, such as a bridge over the river Maas for pedestrians and cyclists, a market hall and various traffic access schemes. Work started on the plans in late 1991, and the scheme is expected to be completed around the year 2002. A number of sub-projects have now been completed or are in progress.

Potential There is growing national and international interest in the potential of Maastricht as a residential and economic centre. The plans will permit some of this potential to be realised. This site offers the opportunity to develop a new, high-quality district in the heart of Maastricht in a broad and forwardlooking context, which will have a major knock-on effect for Maastricht and the surrounding area. In physical terms this is one of the final large-scale stages in the process of regenerating the inner city and Maastricht as a whole.

3.1.2

Specifications

Relation to policy and regulations The overall policy objective of the municipality of Maastricht is actively to enhance and strengthen the city of Maastricht by building on its specific characteristics and qualities. The development of the Cramique site is consistent with this objective, but should not be seen in isolation. The municipality has been actively pursuing a policy of urban regeneration for the last 20 to 30 years, and NLG 1.5 billion has been spent over the last ten years on regeneration projects.

The development of the Cramique site accords well with the objectives of the Fourth Policy Document on Spatial Planning (the 'ViNo'), which designated Maastricht (with a complementary role for Heerlen) as one of the urban nodes outside of the Randstad conurbation in the West of the Netherlands with excellent economic potential, whose proximity to the German and Belgian borders should be exploited. The project is one of the first urban regeneration projects to implement the thinking in the ViNo.

The Ministry of Housing, Spatial Planning and the Environment designated the project a model project for public-private partnerships (PPP), with the aim of fostering the development of public-private partnerships for urban regeneration projects. So far, central government has largely confined its involvement to monitoring progress. The PPP model projects were subsequently incorporated into the so-called 'key project approach', introduced to allow central government to develop its policy in a project context. The South Limburg Structure Plan (formally adopted 19 February 1987) recognised
20

the crucial importance of this site for the city, referring to it as a key element, with major ramifications for supraregional development.

Funding Central government has allocated NLG 20 million to the project under a scheme for subsidising largescale construction projects. The award of this subsidy was conditional on the municipality and the province presenting it jointly, and is related to the status of the project as a model PPP project.

The province contributed NLG 15 million from a budget for supraregional infrastructural projects established under the Memorandum on the Prospects for South Limburg23. The province also commissioned a new site for the Bonnefanten Museum.

The Ministry of the Interior made a contribution of NLG 11 million to the public component of the Northern complex in the framework of the 1994 employment initiative. This complex is situated on the North side of the Cramique site, directly adjacent to Wyck. It is the most complex component of the project, demanding an integrated approach to ensure that the desired quality is achieved, and forming a single indivisible construction sub-project in technical and financial terms 24.

3.1.3

Description

Legal The formula chosen for the development and realisation of the project was one of public-private partnership between ABP and the municipality of Maastricht.

The main features of this partnership are as follows: acquisition of the necessary land and premises; agreements relating to the legal aspects of the project;

23

24

These funds were earmarked to help finance the restructuring of South Limburg following the closure of the coal mines. The Northern complex comprises the following elements: municipal library/archives; former workshops to be converted into a theatre; international activity centre with facilities for international organisations and a European information centre; offices, homes, shops and car-parks; restored buildings of historical interest such as fortifications dating from the 14th and 16th centuries and a director's residence; infrastructure, including the Eastern abutment of the Cramique bridge with the necessary walkways and stairways and a pedestrian's route to Wyck. 21

establishment of the financial framework for the exploitation of the site; laying the necessary building site infrastructure; execution of the construction work; agreements on the apportionment of risks and responsibilities.

The agreement on cooperation was amended in 1994 by means of a protocol which dealt with matters such as the planning and scheduling, the development and realisation of the various project modules and quality. The amendment was designed to ensure that the buildings were realised within the desired quality specifications, and resulted in a substantial acceleration in the rate of progress.

The development of the land is regulated by a land-use plan, adopted at the end of 1989 and approved by the province of Limburg in June 1990. The land-use plan incorporates a certain flexibility in order to allow for economic and social developments which may occur at any time during the process.

Finance and risk The entire project is worth NLG 900 million. The land was acquired by ABP, which will be responsible for financing the exploitation of the building site. The municipality of Maastricht has initially contributed NLG 19 million towards the realisation of the project. A further NLG 50 million will be forthcoming for the construction of the library/municipal buildings.

The financial risks associated with the Cramique project are being shared by the two parties. The precise basis on which the risks are apportioned was clearly specified in the 1994 protocol to the original agreement.

Clean-up procedures and standards The surface of the Cramique site consisted of a mixture of ceramic fragments and soil. The glazing of the fragments contains heavy metals. These heavy metals are bound to the glazing, however, and cannot leach out, so that no heavy metal contamination of the groundwater has occurred.

Since the contamination in the soil has virtually no public health or environmental implications, the site was not included in the provincial programme for the remediation of contaminated land. As a result, it did not fall formally within the purview of the Soil Cleanup (Interim Measures) Act25. The approach adopted nevertheless adhered to the guidelines laid down in this Act. Responsibility for the clean-up rested with the municipality, however.

22

A function-oriented approach was adopted for the remedial work. The principle was to ensure the presence of a buffer layer between the contaminated soil and human activity. A layer of clean soil 1.40 metres in depth would be laid on public spaces. The soil under buildings and car-parks is remediated to an acceptable level which safeguards public health. An 'after-care' plan has also been developed which considers what needs to be done in the event of the future development of the site (with regard to the buffer layer and the presence of slightly contaminated soil).

Community involvement Information evenings were held for those living in Maastricht at an early stage in the planning procedure. In addition, residents were able to take advantage of their right to make their views known in the statutory consultation on the land-use plan. The relevant comments from the consultation exercise were taken on board in the land-use plan.

An information centre was set up on the Cramique site and detailed news-sheets were produced to keep the community abreast of developments during the process.

Economic regeneration The development of new economic activity on the site will create new jobs. The development will also help to strengthen the economic position of both the existing shops in Wyck and the new Randwyck commercial centre.

Multifunctionality, density and quality The development of the Cramique site will contribute to a more intensive use of the spatial resources of the city. The site will combine various different functions (see programme).

Integrated approach In developing the Cramique site, an architectural approach has been adopted in which the overall concept in particular is important. This overall concept must address and resolve both structural and spatial issues. A strong relationship has consciously been established between the planning and specifications on one hand and their actual realisation in the design on the other. This was reinforced by the early appointment of a supervisor with both urban planning and architectural expertise.

25

Part of the scheme for tackling contaminated land added to the Soil Protection Act in 1994. 23

New policy approach In developing the Cramique site, a fast-track procedure was adopted with short lines of decisionmaking. An overblown project organisation with politicians and officials from a whole range of different disciplines was shunned in favour of a small core group of representatives and officials. Rather than choose the normal project development route, ABP was approached to take an active role right away in the planning process as the ultimate investor 26. This method provided the best possible guarantee that the plans would be brought to a successful conclusion. A proper mandate for the parties and good contact were decisive factors in the speed of the decision-making process.

3.1.4

Results

Current status The Cramique project is currently in full swing. Many of the subprojects have now been completed or are in progress. One of the first elements of the plan to be realised was the Avenue Cramique, which connects Randwyck with Wyck and the city centre, thus restoring the relationship between the two districts at an early stage in the project. This initial investment in public infrastructure ensured that the Cramique site was immediately integrated into the city, despite the fact that the development still had a long way to go. This also provided the opportunity to convince investors and local residents early on that the development would be of high quality. This clearly enhanced the willingness of the private sector to invest in the area.

The soil clean-up programme has already been completed. Remediation costs eventually rose to NLG f 10 - 15 million, partly due to the general rise in the costs of disposing of contaminated soil. The sum reserved in the development budget for this purpose was only NLG 5 million. In the event of this figure being exceeded, Sphinx was liable for a contribution of up to NLG 2 million and also for making landfill facilities available. The company did not meet its obligations in this regard, however. This led to a deadlock which was resolved when the municipality made landfill facilities available. The agreement stipulated that ABP and the municipality would be jointly liable for any excess costs. By providing a landfill the municipality discharged its part of the liability.

By treating/excavating the non-chemically contaminated soil from the site and using it as a cover/separation layer in the municipal landfill site, it was possible to reduce the costs somewhat.

26

ABP then itself entered into contracts with three property developers for the execution of the building work. 24

Evaluation and assessment Considerable determination, energy and creativity are needed to convert the intention to work with private enterprise on an urban development and regeneration project into binding contractual obligations on how it is to be implemented. The Cramique project was one of the very few such projects in the Netherlands at that time which succeeded. It was eventually possible to draw up contracts which adequately formulated the agreed quality standards and guarantees necessary for the actual execution of the overall project.

It is not yet possible to make an evaluation of the comprehensive, definitive plan, as not all the elements have yet been completed.

Lessons for the future The Cramique project is acting as a national demonstration project in relation to: partnership with private enterprise; its innovative approach to a large construction project; the high quality of the homes, offices and infrastructure; the fast-track planning process, based on a long-term vision and long-term agreement; the intermixing of different functions.

Opting for a rapid procedure and short lines of decision-making produced good results. The factors which appeared to be decisive in ensuring rapid decision-making were that the parties were properly mandated and that good contacts were maintained between the parties involved.

Other lessons learned from the project are: Early investment in public infrastructure helps to generate support in the community and boosts investment by the private sector. Comprehensive external communications on the part of the municipality helps to ensure the sustained support of politicians and the community for the plan. This support is indispensable for a plan of this magnitude. Contingency planning early on in the planning process before the contract phase can help to avert unanticipated setbacks.

3.2

CIBOGA GRONINGEN

25

3.2.1

Background

History The Ciboga site to the northeast of Groningen city centre actually consists of three separate sites abutting on one another: the Circus ground, Boden and the Gasworks (hence CiBoGa), occupying a total of some 14 hectares. The area forms part of the former fortified city walls of Groningen. After the walls were demolished over a century ago, it formed a broad wasteland containing only the gasworks. The Circus ground, occupying the most northerly part of the plan area, was (and still is) basically a parking area, but was used twice a year as a fairground and circus. The Boden site acquired its present form when the Korreweg and Oosterpark estates were laid out in the 1920s and 1930s. Because construction was not continued at this site, it became a kind of buffer between the old city and the new residential neighbourhoods. Between 1940 and 1970 the area was used as a storage depot for goods destined for the central part of the city. After the site had lost its function part of it came into the possession of the expanding University Hospital and the University. Most of the CiBoGa site was occupied by the gasworks which had been there since 1853. With the advent of natural gas in the 1960s, production was discontinued.

The area was never developed. As a result of its former function the gasworks site is severely contaminated.

Catalyst CiBoGa is the last major inner city site at which inner city housing can be realised in accordance with the VINEX targets for Groningen.

The site is situated centrally amongst various residential districts and runs along the Noorderplantsoen, a park which forms a green lung in the inner city. It is within walking distance of many of the main features and facilities of the city. The area is also close to three major centres of employment: the city centre area, the University Hospital and Groningen University, the city's largest employers. CiBoGa could form an important link between the inner city and the suburbs in the northeast of the city and between the University Hospital and the Hortusbuurt neighbourhood.

This area, which had lain derelict or seen only makeshift use, had long blighted the neighbourhood and the local business climate. In consequence, local residents and businesses were keen to consider how the area could best be developed. Property developers, investors and housing associations had already been showing interest in the area for some time. The planning process attempted to bring all these
26

different parties together, making an integrated approach possible.

CiBoGa has enough space for over 900 homes, 1300 underground parking places (of which only 500 will be residential), two supermarkets (3000 m2) and 6000 m2 of large-scale retail facilities. The draft urban development plan also reserves 20,000 m2 for offices and commercial space, intended for functions linked to the University Hospital. During the consultation exercise it transpired that this space will not be sufficient: the hospital will need 50,000 m2. The question of whether it is possible to satisfy this need is currently being studied.

In early 1998 the minister of VROM signed a covenant on the clean-up of the soil, giving the go-ahead for the construction of the new CiBoGa district. The clean-up operation will begin in October.

Potential The development of CiBoGa will have major knock-on effects on neighbouring areas. The influx of new residents will also increase demand for local facilities in the northeastern part of Groningen. New opportunities will be created for the present west-side shopping centre. The CiBoGa site will also have a strategic significance in relation to the city centre. The area has been designated as the north eastern access zone, with large-scale retail facilities and car parking for the city centre. Apart from its contaminated soil the environmental quality of the CiBoGa is good for a city-centre location. It is important that this environmental quality should be preserved and further enhanced with the development of the site. The object is to create a sustainable district with restricted car-use and good spatial quality. The emphasis will be on compact construction (an average of 70 homes/hectare), sustainable building using new forms of construction, the integration of the new and the old, and flexible buildings and public spaces. Special attention will be given to ecology, energy and waste collection.

The fact that the site lies within the city limits means that its development can help to reduce car-use, in particular commuter traffic.

3.2.2

Specifications

Relation to policy and regulations The policy of the City of Groningen is to increase its urban density. It is seeking to meet 40% of the VINEX target (i.e. 7000 homes) within the existing city limits. The space available for this purpose is limited and must be used optimally. Even the more heavily burdened sites which were ignored for
27

years are now being given priority. The sites concerned are suitable for intensive construction and presently house a range of different functions. The CiBoGa site fulfils these requirements admirably.

Groningen also has a progressive transport policy. The objective is to contain the growth of car traffic to no more than 30% by 2010. The favourable position of the CiBoGa site should help to limit car-use.

Since the development involves compact housing at an urban location with excellent public transport access, in 1990 the area was designated a model project within the framework of the Second Transport Structure Plan.

In 1995 the project was further designated a 'synergy project' under the VINEX 'Quality on Site' project. This was a result of the chosen strategy of taking an integrated approach to the quality options and shortening the development period, which might be applicable in other cases.

The CiBoGa development is also one of the national projects that form part of the 'Stad & Milieu' programme. The conjunction of above-ground and underground development, objectives relating to sustainable development, the ecological aspirations and the difficult inner city situation interface well with the 'Stad & Milieu' objectives.

Funding VROM contributed NLG 200,000 towards the costs of preparing the project in the framework of the VINEX project 'Quality on Site'.

As far as soil remediation costs are concerned, the municipality was able to draw on both the Soil Protection Act budget (NLG 10 million) and project funds established under the Act (NLG 12.5 million). The province itself contributed NLG 1.4 million.

The municipality was also able to avail itself of subsidies totalling NLG 25 million from various schemes for the above-ground development of the CiBoGa site.

3.2.3

Description

Legal A study phase was inaugurated on the basis of a declaration of intent made between the municipality of Groningen and the private sector participants. Various studies were carried out to formulate the
28

objectives and identify the constraints and relevant issues for the CiBoGa development. The studies resulted in a draft urban development plan. With the adoption of the plan the agreement came to an end.

When a decision comes to be taken on the draft plan, an agreement on future cooperation will be submitted to the Council, in which the cooperating parties will present their responsibilities, working methods and organisation.

The CiBoGa plans cannot be accommodated within the existing land-use plans for the area, which will therefore have to be revised. A preparatory decision has been taken and the revision will be completed by the middle of the year.

Financing and risks At the beginning of the project the province and municipality appeared to be facing soil clean-up costs for the site of the former gasworks of about NLG 80 million. VROM indicated that it would not be able, within the foreseeable future, to provide any financial support to the municipality and the province. Rehabilitation and development would only be possible if both the municipality and the province, and if possible the open market and the energy sector, were willing to invest.

By recalculating on present prices and by means of ingenious planning which integrated the soil remediation work and preparatory sitework prior to construction the CiBoGa team was able, in consultation with the provincial soil remediation team, to reduce overall clean-up costs for the former gasworks site to NLG 31.4 million. This brought the total costs for clean-up for the entire CiBoGa site down to NLG 49.8 million. The municipality will itself contribute NLG 11.9 million towards this total. The market will make a substantial contribution of NLG 5 million by accepting a higher land price. When the Groningen Drenthe Energy Company acquired the municipal energy company, the sites and buildings remained the property of the municipality of Groningen. The 1993 contract governing this transaction provided for a sum of NLG 7 million, corresponding to the statutory municipal contribution of 10% of the estimated total clean-up costs at the time of NLG 70 million (excluding value-added tax), to be set aside. This amount, which with accrued interest now amounts to NLG 9 million, is also to be used to help defray the soil clean-up costs. As mentioned earlier, the rest of the costs will be met by central government grants under the Soil Protection Act and a grant from the province of Groningen.

The parties involved in developing the CiBoGa site are determined that the financial burden imposed
29

by the need to clean up the soil should not jeopardise the high quality planned for the development. The investment of NLG 110 million should help guarantee this quality. Almost half of these costs will be met by receipts from the sale of the land. In addition, the municipality will contribute NLG 32.5 million to the above-ground developments.

A more balanced distribution of the costs between the various parties was secured by swapping costs between underground and above-ground work, by co-financing and by phasing the work.

Clean-up procedures and standards Within the CiBoGa boundaries there are four sites which are subject to the Soil Protection Act: the gasworks site, the Circus site, the Boden site and Cordes. The gasworks site is severely contaminated, particularly by PAH (tar) and cyanide. The groundwater is severely contaminated by benzene and cyanide. The Circus and Boden sites are contaminated with PAH and mineral oil, and the groundwater under both these sites is contaminated with PAH, mineral oil and aromatics. Cordes is heavily contaminated with lead and, to a lesser extent, chromium, zinc and copper. The lead content is related to the quantities of rubble in the soil. The groundwater here is slightly to moderately contaminated locally with C3 and C4 benzene isomers.

Apart from the four Soil Protection Act cases there are several other contaminated sites within the plan area, mainly involving PAH and mineral oil. These sites do not qualify for subsidies under the Soil Protection Act scheme, and will have to be dealt with by the municipality itself.

A decision was taken to integrate the soil clean-up with the construction activities, with above-ground and underground structures being coordinated on an ongoing basis with the plans for cleaning up the soil. The development of the integrated plan for the area is heavily influenced by the magnitude of the contamination at the former gasworks site. The clean-up operation will be kept as lean and efficient as possible so as to save costs.

Community involvement Special attention is being paid in the project to arranging contacts with residents and the business community, both in the area itself and in adjacent areas. An open planning procedure was adopted for this purpose. By way of an experiment, panels of residents and business people were set up at an early stage at city district level to provide a forum for structured discussion. This allowed nearby residents and the business community to make their contribution to the planning process, reflecting their particular positions.
30

The open planning procedure preceded the formal consultations required by the Town and Country Planning Act. The statutory basis for this was provided by a Consultation Ordinance enacted by the municipality of Groningen.

Economic development/ Multifunctionality, density and quality The CiBoGa site is expected to breathe new economic life into the nearby shopping centre as well as the city centre.

In developing the CiBoGa site, the objective is to achieve a high construction density (an average of 70 homes per hectare) and good environmental and spatial quality. The development mainly involves the construction of housing, combined with car parks, retail outlets and offices/commercial space. There is therefore a certain intermixing of functions. Building on this inner city site will also bring about a further consolidation of the inner city urban fabric.

Integrated approach The municipality of Groningen has developed an integrated plan in which the above-ground and underground redevelopment of the CiBoGa site is linked to the soil clean-up operations. Underground car-parks will be built in those places where the soil is most contaminated, and these will form buffers between the housing and the deep residual contamination. This will eliminate any risk to the residents and also reduce remediation costs. In places where the walls of the underground car-park are laid the contaminated soil will be excavated to a depth of 3.5 metres. Slightly contaminated soil can be re-used and heavily contaminated soil can be removed and cleaned. Contaminated water will be purified.

New policy approach In order to build a wide support base for the CiBoGa project, an open planning procedure was adopted in which all the relevant parties participated. Central government was also involved in the planning through the 'Quality on Site' project.

In order to increase public involvement, panels were set up during the investigation period, with residents and business persons from the surrounding neighbourhoods participating in a personal capacity. These panels were given the opportunity to work alongside the professionals involved in the project, subject to a number of rules.

31

3.2.4

Results

Current status The preparatory work has now been completed and work will commence shortly. Before work starts on cleaning up the soil, however, an integrated plan will first be drawn up in order to ensure good coordination between these clean-up activities and the further development of the area.

Evaluation and assessment Many different parties were involved in the development of the plan. This resulted in a plan of high quality which not only devised an integrated solution to the main obstacle which had thwarted the development of the area for years - the contamination of the soil - but also provided for the development of a sustainable neighbourhood of high spatial quality, with restricted car access. Since the execution of the plan has yet to be started, evaluation and assessment would be as yet premature.

Lessons for the future Considerable cost savings can be made by taking an integrated approach to soil clean-up and site development. An open planning process increases support for the project and helps to enhance the overall quality of the area. The willingness of the various stakeholders to contribute to the development of the area made an integrated approach possible. The presence of serious contamination in the soil does not have to frustrate the achievement of a high environmental quality. Compact housing with excellent access to public transport allows a car-restricted neighbourhood to be created.

3.3

DE WOLFSDONKEN 'S-HERTOGENBOSCH

3.3.1

Background

History De Wolfsdonken is an obsolete industrial estate which lies to the west of the centre of 's-Hertogenbosch. The estate occupies an area of some 20 hectares, and is very mixed in character,
32

containing modern and outdated businesses, both small and large. An academy of art is also located on the site. Overall, the area has a forsaken feel about it. The low intensity of usage at the site is underscored by the presence of the burnt-out buildings belonging to one of the companies. The site is also exposed to contaminated soil and groundwater, noise nuisance, odours and major hazard. Catalyst De Wolfsdonken adjoins a railway track27 and the Central Station, and is within walking distance of the city centre. It forms part of the 'Railway District' in 's-Hertogenbosch, which is being completely redeveloped (and is partially completed) 28. The Railway District is being transformed from an industrial estate into an area of mixed functions, including 2500 to 3000 homes, 200,000 to 250,000 m2 of office and similar space, 65,000 m2 for educational establishments, a district hospital with 800 beds and a new station. The investments for the area as a whole total NLG 1.5 billion for new buildings and NLG 350 million for road and rail infrastructure and public spaces.

Arising from the desire of the municipality "to extend the city centre onto the other side of the tracks", the De Wolfsdonken industrial estate will also undergo a radical restructuring and functional renewal. The area has a capacity of some 200,000 m2 29. A concentration and mixing of functions on this site will contribute to its sustainable development. The programme consists of at least one-third of the floor area for housing, one-third for businesses offering employment and one-third to be determined later. Present ideas are that the latter will be made up of social facilities and/or urban facilities and/or enterprises offering employment, depending on specific designs and market forces. Between 700 and 1250 homes will be built, the first of which will be completed around the year 2000. The land-use plan provides for 70,000 m2 of office and similar space. The 'urban facilities' would probably consist of training centres, a conference centre, hotels and catering establishments. The redevelopment of De Wolfsdonken will start in 1998 and will last six to ten years.

Potential 's-Hertogenbosch is strategically situated within the southern flank of the ring of cities in the central part of the Netherlands, and forms the intersection of the north-south links with the towns of North Brabant. The city has developed as a commercial and service centre. De Wolfsdonken is strategically situated within the existing city of 's-Hertogenbosch and can be readily accessed both by public transport and by car. The centre of 's-Hertogenbosch has grown considerably, in terms both of
27 28

The Utrecht-Eindhoven and Tilburg-Nijmegen line. To the north of De Wolfsdonken lies 'La Gare', an area where restructuring started in the mid-1990s. To its west a concentration of educational establishments occupies the site of a former sports complex. To the south former barracks are being transformed into an area containing housing, offices and educational facilities. The plan also provides for 450 homes and a park. 33

population and jobs. The station has been modified to accommodate evolving requirements, and now forms part of an integrated transport interchange where train, bus, cars and bicycles converge. The completely new station has a new entrance and a new footbridge. New law-courts were recently completed, and will shortly be occupied.

The development of De Wolfsdonken follows on logically from these earlier developments. Urban regeneration will have the effect of making this formerly peripheral district 'on the wrong side of the tracks' part of the city centre, allowing it to relieve some of the pressure on the centre.

3.3.2

Specifications

Relation to policy and regulations The current land-use plans covering the area are somewhat outdated30, so it was decided to draw up a new land-use plan for De Wolfsdonken. The municipality recently 31 issued a first draft of the new plan.

In 1993 a plan for the De Wolfsdonken industrial estate intended to serve as a model exemplifying particular aspects of location policy was issued32, thereby fulfilling the first policy objective for the development of De Wolfsdonken. The purpose of this plan was to curb the growth in car use.

Funding The move of the law courts into a neighbouring area will contribute indirectly but significantly to De Wolfsdonken, and will give a major impulse to the development of the area. Otherwise, no major state funding was available for the project33.

Discussions are currently being held with the province about applying for central government cofinancing of the costs of cleaning up the site in so far as they cannot be recovered from former owners.

3.3.3
29 30

Description
Excluding facilities constructed for cars . Plan for extending city by sections, 27 March 1946, approved by the North Brabant provincial executive. A partial revision affecting the western section was adopted by the municipal council on 13 December 1954. February 1998. The Fourth Policy Document on Spatial Planning provides for the drawing up of these model plans, intended to generate ideas for developing different aspects of spatial policy. 34

31 32

Legal The plan was formally adopted as a land-use plan. The discussions between the authorities and the private parties culminated in three formal agreements: a declaration of intent, a cooperation agreement and an area development agreement. A development corporation was set up.

Financing and risks The cooperation with the private sector proved to be very important. It was established through two devices: a Public-Private Cooperation (PPC), in which the private sector bears the risks and erects the buildings, and a Public-Private Partnership (PPP), whereby the private sector and the municipality bear the risks and erect the buildings jointly. In both cases the municipality sells the land, if it is in its possession, and takes care of the planning procedures. Both these forms of cooperation were formalised in declarations of intent, cooperation agreements and development agreements. In the case of a PPC the parties pay 8% of the expected receipts from the land to the 'major works' fund.

The redevelopment process was only made possible by the fact that an integrated plan was drawn up for the area. The development of 'costly' plots could be offset by the development of 'cheap' plots.

Clean-up procedures and standards The soil is slightly to severely contaminated by heavy metals, PAH and mineral oil. The groundwater is in part severely contaminated with volatile organic compounds, and locally with mineral oil. Contaminated groundwater has also migrated into neighbouring areas. The contamination needs to be dealt with in accordance with the Soil Protection Act because it falls within the severe and urgent category. The costs must be recovered where possible from the polluter and/or the owner. The site clean-up investigation has already been completed. In view of the severity of the contamination the methods to be used must be approved by the province.

Following the site investigation, ideas have developed about how the clean-up should be tackled. A small area is severely contaminated, and the soil there will probably be removed. A closed soil balance is proposed whereby the slightly contaminated soil excavated during the building work will be used for terracing work elsewhere on the site. An integrated approach will have to be taken to cleaning up the groundwater of De Wolfsdonken and the surrounding area. It will involve cleaning up hot spots and preventing the further spread of contamination, and will take several years.
33

Because 's-Hertogenbosch has not been designated a 'nodal town'. 35

Community involvement The plan area is virtually uninhabited. Those with a direct interest in the planning are the nearby businesses, and discussions were held with them.

Other community involvement in the development of De Wolfsdonken is provided for in the spatial planning procedures (in particular those relating to consultation).

Economic development One of the aims in developing De Wolfsdonken is to increase the concentration of employment, thus boosting the local economy.

Multifunctionality, density and quality One of the key concepts in developing the area is to increase the urban density, partly by intermixing functions. Various different functions will be combined in the area, including industry, housing, offices, social amenities, urban facilities, etc.

Integrated approach An integrated approach was taken in developing De Wolfsdonken, in both technical and procedural terms. The spatial plan was only drawn up after the environmental problems had been assessed. This allowed environmental considerations to be fully integrated into the planning of the development.

During the project development, procedure and content proceeded in tandem. This permitted the development of De Wolfsdonken and the wishes of the various parties concerned to be properly coordinated.

The development of De Wolfsdonken will form part of the development of the Railway District as a whole, allowing it to be optimally integrated into its wider setting.

New policy approach The process-oriented approach and the direct cooperation with the private sector were crucial to the success of the project, but were novel at the time (early 1990s). After an initial exploratory phase involving discussions between developers, financiers and the municipality, a declaration of intent was drawn up. A master plan was then drafted and a feasibility study carried out. The master plan consists
36

of scenarios for the physical and functional development, based on urban planning principles, environmental considerations, etc. The feasibility study gave an idea of the project's financial viability. This was the point at which the partners were able to take a decision to continue their cooperation. The master plan was developed into a draft land-use plan.

3.3.4

Results

Current status The preparatory work was completed with the signing of the cooperation agreement. The draft landuse plan is the first step in the actual implementation of the project.

Evaluation and assessment Since the execution of the plan has yet to be started, evaluation and assessment would be premature at this stage.

Lessons for the future Joint planning or consent by municipality and private sector. Not dependent on external subsidies, e.g. central government funding: self-reliant. Cooperation with fixed partners, contractually regulated. Spread of risk through PPP device. Spreading risk between a number of parties opens up many opportunities. The municipality would not have been able to embark on a project of this magnitude without private sector participation. Linking the exploitation of the land and the buildings permitted greater risks to be taken, since any loss in exploiting the land can be offset by the return on the buildings. Support and enthusiasm on the part of the administration are indispensable. The municipality must demonstrate its willingness to invest. Good communications with the administration, residents and other stakeholders.

37

4
4.1

Summary and conclusions

MAIN POLICY ASPECTS

The redevelopment of derelict land has been on the political agenda of the public authorities in the Netherlands for decades because of among others the long planning tradition in the Netherlands and the relative pressure on urban space. In the approach adopted there has been over the years a strong development. Early on a relatively piecemeal sectoral approach was en vogue, stressing the physical environment not relating social, economic and environmental aspects. Soon the need became evident for greater coherence in and coordination of the range of policies aimed at redevelopment. Since then, efforts are being made to produce a coherent contribution from the various policy approaches and from the different administrative levels. The result is a veritable policy patchwork quilt, in which central government, the provinces and the municipalities have very different responsibilities and tasks. Because it has become increasingly common for the policy documents which deal with the development of urban brownfield sites to be drafted jointly by different departments and in dialogue with the other actors involved, the unity in policy is (ever) increasing.

Policy is elaborated not only in various secondary policy documents, legislation, implementation programmes, and, joint or not, financial schemes. The Netherlands are currently in a phase in which these implementation instruments, after having been tried in real life situation, are being made more suitable for an integrated approach. In this process there is an open eye for integration of contents (different policy fields) but also of procedures (coordination of the interests of the various levels of government, the private sector and the public) and between content and procedures.

The three case studies illustrate this shift in vision and approach. They show how in a creative way redevelopment can be undertaken with quality-of-life and affordability as paramount concerns.

4.2

LESSONS FROM THE CASE STUDIES

Planning process In urban redevelopment projects it is important that the municipality cooperates with the various parties involved. An open planning process is a good way of doing this. If the various stakeholders are willing to participate in the development of the area concerned, an integrated approach becomes possible. The cooperation of the municipality with the private sector should be as much as possible be fixed in
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(written) contracts. In order to expedite the decision-making process, it is important that the participants be properly mandated and that good contacts be maintained between the parties involved.

When the government shows itself willing to invest, (main) investors are often ready to follow. Other specific action by the authorities, for instance designation as a model project by central government and/or initial investment by the municipality can give impulses to further investment.

Risks There are considerable risks associated with (large-scale) inner-city redevelopment. Generally speaking municipalities are unable to bear the costs on their own. For the redevelopment of these areas collaboration between the municipality and the private sector is often essential because it leads to risk sharing. Such collaboration needs to be statutorily arrangement.

By incorporating bad weather-scenarios in an early stage of the planning process it becomes possible up to a certain extent to foresee and avert, before the signing of contracts, unanticipated setbacks and thus limit risk. Linking land and building exploitation may as well help to limit risks in such a way that losses in land exploitation can be offset by positive returns on the buildings.

The government has in recent years established a number of financial schemes to help fund inner-city redevelopment projects. These schemes should first be seen as secundary funding only. It is not wise to make the development of an area totally dependent on external subsidies of this kind.

Support To be able to implement large-scale projects of this kind is support of political parties and the general public of utmost importance. Support can be created through vast external communication. Next to that prior investment in (quality of) public space can also assist in this process by providing an early image of the future quality of the proposed developments.

Planning Urban brownfield sites are often famous because of severe soil contamination. This need not necessarily thwart area development, however. When the soil clean up and the site development are embarked upon integrally this can lead to considerable savings. By using an integrated approach of the development(s) additional benefits can be gained, in the field of environmental, economic and/or spatial quality. The development of inner city sites can considerably contribute to the quality of the immediate urban areas.
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Appendix
LIST OF CONTACT PERSONS

Maastricht municipality (Cramique): Mr. J. Notten Mr. H. Wouters Project bureau (Project Manager) Project bureau

Groningen municipality (CiBoGa): Ms. L. Peuscher Spatial Planning and Economic Affairs Department (Project Secretary)

's-Hertogenbosch municipality (De Wolfsdonken): Mr. M. Daalderop Spatial Planning and Town Planning Department

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