Professional Documents
Culture Documents
BROWNFIELDS
HANDBOOK
May 2006
Authors:
Dr. Uwe Ferber, Projektgruppe Stadt +Entwicklung Leipzig
Dr. Paul Nathanail, University of Nottingham
Jiřina Bergatt Jackson, IURS Praha
Marcin Gorski, Ph.D. CE., Rafal Krzywon, Ph.D. CE.,
Lukasz Drobiec Ph.D. CE.,Silesian University of Technology
Doc. PhDr. Dagmar Petríková, Ph.D., Prof. Ing. arch. Maroš Finka, Ph.D.
Editing:
Dr. Uwe Ferber
Proofreading:
Dr. Paul Nathanail
This project has been funded with support from the European Commis-
sion. This publication [communication] reflects the views only of the au-
thor and the Commission cannot be held responsible for any use which
may be made of the information contained therein.
Content
1. Acknowledgements – BROWNFIELDS: LIFELONG EDUCATIONAL PROJECT (LEPOB) 6
2. Introduction 7
2.1 Who was this handbook written for? 7
2.2 Why was this handbook written? 8
2.3 Structure of the handbook 9
3. Overview: Brownfield Redevelopment as a stimulus to Planning and Development
3.1 What is a brownfield? 9
3.1.1 Recognition that the problem is a problem! 10
3.1.2 Terminology and the impact of terminology 12
3.1.3 Application of subsidiary principles 13
3.1.4 Addressing any technical assistance needed 14
3.1.5 Social and economic restructuring forces 15
3.1.6 Urban de-concentration and population changes 15
3.2 How many brownfields have we got in our community? 15
3.2.1 Sizing and comparing brownfields 15
3.2.2 Who is the actual problem holder? 16
3.2.3 Who are the other main actors in the revitalisation of brownfields? 17
3.2.4 How to do it or not to do it? 18
3.3 Flow Chart – Overview of brownfield redevelopment process 20
BOX 1: Brownfields and their historical background 22
4. Brownfields – the need for policy, strategy and an institutional framework 24
4.1 Main national barriers to brownfield reuse 24
4.2 Need for National Brownfield policy 26
4.3 Need for national, regional and local Brownfield Strategies 27
4.4 Need for inter-sectoral, inter-departmental and inter-professional cooperation 27
4.5 Need for education instruments 29
4.6 Need for reflecting the issues in the National Development Program 29
BOX 2: Examples of national legislation “visualizing”brownfields 30
BOX 3: The Czech example of assessing brownfield numbers 33
5. Brownfield Redevelopment Planning – Territorial Conditions 35
5.1 Discovering the development potential of a brownfield site 35
5.2 Reflecting the issue of vacant or under-used land in planning documents 37
5.3 Reflecting the environmental risks attached to already used land 38
5.4 Importance of a local development and planning initiative 39
5.5 The planning and management context of brownfield redevelopment 40
5.6 Flow-Chart: Overview of the brownfield redevelopment process 41
3
6.4 Ownership issues 50
4
11.4 Identification 86
11.4.1 History 86
12. Brownfield redevelopment and citizen participation 87
BOX 7: How to organize a stakeholder platform 89
References 91
List of Figures 93
List of Tables 94
List of Boxes 94
5
Chapter 1
6
Chapter 2
2. Introduction
(author of the chapter Jirina Bergatt
Partnership:
Jackson)
VŠB – Technical University Ostrava CZ
IURS Praha CZ
Brownfields are produced as a regular out-
ČKAIT Praha (CZ Chamber of C.E.) CZ
come of industrial change and restructure
Politechnika Slazska Gliwice PL
in any country. However, the dynamics of
SPECTRA, TU Bratislava, FA SK
change and the circumstances of transition
University of Nottingham UK
from socialist to market economies have left
Projektguppe Stadt+Entwicklung Leipzig DE
many Central European countries with an ex-
SKSI Bratislava (SK Chamber of C.E.) SK
ceptionally large burden of brownfields along
Polish Chamber of Civil Engineers PL
with an inability of their markets to “recycle”
these properties into other productive uses.
Contact on LEPOB
VŠB-TU Ostrava, FAST The reclamation and redevelopment of
Ludvíka Podéště 1875 brownfield sites will require substantial re-
708 33 Ostrava-Poruba sources over a period that must be measured
Czech Republik in decades. However, brownfield revitalisation
can make an important contribution to local
www.fast.vsb.cz/lepob economic development by addressing key
social and environmental issues, particularly
in regions where unemployment is high. For
Central European cities, brownfields are of a
scale and seriousness that impinges substan-
tially on their urban competitiveness. Thus, a
problem that might be justifiably less central
on an overall EU urban agenda, is or should be
at the absolute centre of attention in Central
Europe - mainly due to its direct effect on na-
tional competitiveness. Brownfields in Central
Europe also illustrate how one pressing urban
problem and its remedy are regarded in the
regional context. It points to the promises and
deficits of the EU accession process in assisting
in these solutions. It highlights the many levels
at which changes must take place in order to
effect change on complex (multi-disciplinary
and multi-stakeholder) economic develop-
ment and planning problems in a transitional
economy. It opens an untapped area of vast
needs for education and subject knowledge
transfer.
2.1 Who was this handbook written for?
This handbook was written to help broaden
the understanding of engineers and other
7
Chapter 2
8
Chapter 3
9
Chapter 3
Fig. 3.1
10
Chapter 3
Fig. 3.3
11
Chapter 3
sport, culture, security or educational system Even when a problem is recognised solu-
restructuring there will be all sorts of institu- tions are not easy
tional, leisure and cultural brownfields ente- Even when it is realised that there is a prob-
ring the real estate market. Vastly under-inves- lem, a solution is not often straightforward,
ted and dilapidated housing stock can also be easy or simple. The difficult task of combating
termed as residential brownfields. brownfields is demonstrated by an example
Brownfield type and categorisation can be de- of a prolonged national effort in England. Eng-
vised and analysed in several ways. Here are land is one of few countries where long-term
shown two such classifications. Table 1 shows land-use policies, brownfield reuse support
classification by previous use. Table 2 classifies policies and programmes, and close brown-
sites in accordance with their likely commer- field reuse monitoring exists on national level.
cial viability in accordance with the broadly This is why long-term comparable data, avai-
accepted model from the CABERNET¹ project. lable for examination exists. After 30 years of
a focussed national effort that dealt annually
Table 1: Brownfield type by previous use with the reuse of hectares of brownfield land,
a very small decrease in the absolute size of
• Industrial brownfield land was actually achieved. The
• Military “winning” in this case was that brownfield
• Railway and transport land has not increased and that many hec-
• Agricultural tares of land were rehabilitated and put back
• Institutional (schools, hospitals, to beneficial use.
prisons)
• Commercial (shopping centres, Target 60% of all new housing on brownfields
offices)
• Cultural (culture houses, cin-
emas)
Brownfield
• Leisure (sports ground, parks, creation
open space) Brownfield
regeneration 21%
17 000 ha of ’hardcoresites’ over 3 years
Table 2: Brownfield type by likelihood
Fig. 3.3 Cabernet bath tap picture
of reuse
3.1.2 Terminology and the impact of terminology
Land Value (After Reclamation)
The word “brownfield” is translated into many
Self-developing Sites languages in many different ways. This may
A: Private-driven projects
result in substantially different understanding
when other nations describe their own brown-
Potentional development sites
fields. For example, in Poland the term “teren
B: Public-private parntership poprzemysłowy” implies that brownfields
are solely of industrial origin, which they are
not. Therefore there may be some difficulty
Reserve Sites
in describing a non-industrial location using
C: Public-driven projects such a local terminology. On the other hand,
in the Czech Republic a fixed Czech term as
Reclamation Costs
an equivalent translation for brownfield does
¹ See also www.cabernet.org.uk not exist. The terminology here varies from
12
Chapter 3
ministry to ministry, each using its own local of brownfields involves the private sector al-
description. most intrinsically in a far deeper and more so-
It is important to add that the term “brown- phisticated manner than other issues. The gap
field” is appropriate when addressing and in overall systematic brownfield information is
attracting national attention to the issue or striking given not only the importance of the
making the issue a regional or local priority. issue but also the progress that has been made
However, once we are looking for investors it world-wide on other environmental indica-
is inadvisable to continue to talk about brown- tors and information. Where environmental
field land, as for many investors the term land-related objectives are widely supported
“brownfield” may imply polluted and difficult by EU and other international programs, they
plots. At this stage it is advisable to drop the have mainly focused on open space and farm-
“brownfield” terminology altogether and to land or on air, water and coastline quality - i.e.
talk of, for example, “ urban land reuse”. on media that could potentially travel across
borders. In these spheres watchdog bodies
3.1.3 Application of subsidiary principles and monitoring systems that produce regular
However important the economy of the land data have been established. But registers or
use may be in the terms of European space, in analysis of under-performing and potentially
terms of the subsidiary principles it is down polluted urban land and buildings have not
to individual nations. Between individual na- received the same kind of support, despite
tions, local standards, practices, regulations, their importance for urban redevelopment.
habits and perceptions vary widely and this
is why land-use and brownfield comparative Planning with the problem
data are difficult to come by. In most of these Without understanding their brownfield pro-
nations then the local land use is, by the same file, inventory and analysis, communities can
subsidiary principles, delegated to the local not grasp the issue and can not prepare ac-
communities. At the same time national spa- tive measures to alleviate and address their
tial policies, especially in the new member brownfield problem. This is alarming, espe-
states, are still in their infancy. cially when one understands all the barriers
that brownfield sites have or realises that only
Land is a finite and threatened resource a limited percentage of this land can actually
Urban land is not typically considered a finite be reused for modern industrial and commer-
threatened resource, in the same way as the cial use. Only a certain percentage of such
living environment, minerals, water or green brownfield land is sufficiently well located
space are. While brownfields can directly af- and is able to be rezoned for a higher use that
fect several media (water, soil and even air), may be more compatible to its present loca-
they can also lead to more subtle environ- tion. Other brownfield land (even land with
mental impacts (hampering the energy and no environmental damage, ownership or real-
infrastructural efficiency of urban forms, fa- estate problems) is often in a bad location or
cilitating agricultural land conversion), as well is so superfluous to the market that there will
as social and economic impacts. These are far appear to be no chance for any development
more difficult to quantify, as are the benefits on it. Our spatial, strategic and economic plan-
of brownfield remediation. Relatedly, the rel- ning needs to address all these realities.
evant indicators and benchmarks associated
with other EU priorities are less readily availa-
ble for land-use or brownfield issues. The reuse
13
Chapter 3
14
Chapter 3
3.1.6 Urban de-concentration and population
changes
Central European brownfields must be also
placed in the context of overall population
decline and of unlimited greenfield develop-
ment for commerce, industry and housing.
Many cities blighted by economic decline are
losing people, activities and capital, partly due
The importance of timing to declining population numbers and partly
But even a relatively straightforward brown- due to competition of sprawling peri-urban
field project takes three or four years to pre- areas; hinterland communities feel the chal-
pare and put together. For local authorities to lenge to their development potential even
benefit effectively and usefully from the next more strongly.
generation structural funding, regions in co- Budapest, as an example, has a large amount
operation with their local authorities, firstly of brownfield sites. Over the last decade and
have to identify, size and analyse the actual a half it has lost 200,000 residents, or 10% of
type of brownfield problem they have, set a its population. Greenfield development is ex-
suitable strategy then start identifying and tensive, with the local authorities around the
preparing projects to suit these priorities. city able to develop such sites independently
3.1.5 Social and economic restructuring forces with little consideration of metropolitan-wide
strategic plans or needs. There were and still
Brownfields are created particularly by the are few policies to enable brownfield reuse or
forces of social and economic restructure. Di- to stop the de-concentration trend. This ap-
lapidated land, slack standards, visual blight plies to many other cities. Despite evidence
and symptoms of chronic unemployment of declining population and de-concentration
and community disintegration have a detri- trends, city planners are carrying out long-
mental economic and physical effect on their term planning based on population growth
surroundings. They deter nearly all types of in- scenarios. Such de-concentration processes
ward investment and push development onto also have to be considered in the context of
greenfield sites. The appearance of brownfield overall brownfield redevelopment potential
sites is also closely connected to the transition as not all the brownfields are located in the
of an industrial society to a post-industrial growth areas. Policies and tools are therefore
one. Such pressures bring with them substan- needed to channel investment, people and
tial change. These changes are not restricted activities back onto brownfield land.
to the economy and economical formats but
also to spatial standards and to whole lifestyle 3.2 How many brownfields have we got in
modes. These new forms of activities should our community?
be, by a policy and as a priority, channelled 3.2.1 Sizing and comparing brownfields
onto brownfields. This is in order to secure Most of our communities only now realise that
the new economy and as a way of reuse in they may have a brownfield problem. Within
the post industrial society where there is less their previous socialist experience such a prob-
space needed for production and more space lem did not arise and in their recent post-so-
need for services, consumerism and leisure. cialist experience these issues have not been
so far adequately addressed. Yet there are in
general no common approaches to brown-
15
Chapter 3
Fig. 3.7 Schematic plan analyzing brownfields in Říčany, Czech Republic. Such a map is a part of brownfields inventorization metodology developed in the Czech republic for
community us. See also www.brownfieldsinfo.cz. Source: Ing Arch Bařinka, DHV CR, spol s.r.o (obr. schema1)
16
Chapter 3
17
Chapter 3
Table 3: Stakeholders
Stakeholders on a personal level Stakeholders on a local level
• brownfield owners • brownfield owners
• problem solving consultants • local investors
• specific NGO • local authorities
• individual citizens • local statutory regulating bodies
• individual administrators • financial institutions
• technical and real estate consultants and
lawyers
• local citizens
• local community
3.2.4 How to do it or not to do it? sibility and remedial action. Examples of what
Brownfield reuse and revitalisation is, as we to do and how to do it are therefore not easily
have already indicated, a complex and not an transplanted as there are differences not only
easily determinable issue. In other countries, between individual national legal frameworks,
for some years, there has existed a number of but also between the individual national insti-
different examples of approaching it. In some tutional capacities, national ways of moving
countries the issue is tackled by massive na- and co-ordinating issues and national em-
tional programmes, supporting national/re- phasis on role of the state. To choose a correct
gional investment and the building of new model is not always easy, especially for an is-
institutions. In other countries it is being ad- sue as broad as brownfield reuse and revitali-
dressed mainly by providing a suitable legal sation. What is also important to remember is
framework and regulatory system, that allows that revitalisation of brownfields is also being
private initiative and demands private respon- “learned” mainly by doing. Those who “do”
18
Chapter 3
Fig. 3.11, 3.12, 3.13, 3.14, 3.15, 3.16 Photos and illustrations : Where not stated
otherwise Ing. arch E Staňková, Vaňkovka NGO
19
Chapter 3
Demolition & clearance Demolition & removal of buildings This can be a high-cost item, particularly
and other structures where underground structures are in-
volved.
Removal (where appropriate) of un-
derground structures Need to ensure that site assessments are
comprehensive, and cover environmental
Dealing with specific environ-mental
issues like oil and asbestos.
issues (asbestos etc)
Clean-up of contamination Clean-up (or removal and disposal) of For sites with significant contamination,
contaminated soils this will be the main component of recla-
mation costs.
Clean-up of contaminated ground-
water Timescales can be long (several years for a
complex site), and a phased approach may
Removal/treatment of wastes from
be appropriate.
former operations
Need to use most appropriate treatment
techniques and technologies (best prac-
tice).
Restoration Ground stabilisation (if this is an is- Depends both on state of site and on
and landscaping sue) planned end-use.
Landscaping of site (landforming, Key activities for making the site visually at-
grass, trees etc) tractive and so ‘marketable’.
20
Chapter 3
Building construction Normal construction project. Only relevant where public sector wishes
to use the building, or to construct ‘specu-
latively built’ buildings for rent or sale, or
where inherent property market failure
needs to be addressed.
Operation and maintenance Particularly where building is to be Most relevant where public agency is the
let, rather than sold on or used by landlord.
owner-occupier.
May also need public support for market-
ing or rental income to help overcome
market failure.
Questions to facilitate further learning that will help you to reach the learning level of “understanding”
Q1 Discuss with others what is in your country the term for brownfields and write down your local brown fields definition.
If there is not a definition discuss with others what it should be and write it down.
Q2 Discuss with others and write down what are the main sources of brownfield - related information (books, webpages,
articles, conferences, course etc…) in your country and write them down.
Q3 Discuss with others and write down how brownfields are incorporated into your local/regional/national planning
and economic development documents
Q4 Discuss with others and write down whether and how communities in your country record their brownfields - if there
are inventories, please describe whether a common methodology is used to collect data and who makes and ma-
nages the inventories
Q5 Discuss with others 3 local projects realised on brownfields and research the main barriers these projects encoun-
tered during their design process and their realisation, describe the role and actions of the individual stakeholders to
these projects and write the 3 case studies down.
Q6 Discuss with others and write down the lessons what not to do you learned while researching the 3 case Studies.
21
Chapter 3
22
Chapter 3
23
Chapter 4
24
Chapter 4
electricity) and ignoring the externalities of of stakeholders, that a lowering of the actual
ex-urban uses, governments at all levels are barriers to brownfields reuse is emerging. But
subsidising the development of greenfield the barriers themselves will remain untackled
sites and by doing so, are undermining brown- if :
fields and their reuse by the very support of • private investors will not bite the brown-
ribbon sprawl locations on radial highways. field reuse bullet.
Brownfields are thus losing activities and in- • lack of integration, leadership and strategy
vestments that could be otherwise accom- at the state level prevails.
modated on such recycled land. Brownfield • the municipal leadership is not up to the
sites in most major Central European cities are task.
sufficient to support years, if not decades, of • an inadequate understanding by commu-
new development, and much of the leakage nities and NGOs prevails.
of office parks and hypermarkets
A key theme emerging is that in order to re-
A final and important kind of barrier to brown- move barriers to brownfield reuse there is a
field reuse is the lack of technical tools and rising need for brownfield leadership at na-
professional know-how. Some of these are tional, regional and local level. This needs to
quite simple: such as a simple method for be able to co-ordinate the many measures,
local authorities to audit and prioritise their policies, and administrative linkages neces-
brownfield holdings or a nation-wide registry sary to get more urban brownfield properties
of contaminated sites and their parameters, “unstuck” and into productive use, and to en-
linked to the cadastral registry, so that buyers able private capital to take a substantial role in
can unambiguously know the status of their this process.
sites and sellers can record the kind of cleanup
By way of summary the following are some of
or investigation performed. Similarly, a com-
the key barriers to reusing brownfields:
pilation of the unit costs of various kinds of
clearance and cleanup procedures would al-
Know-how, co-ordination, and motivation
low a better ability to foresee and benchmark
a proposed project and prevent unscrupulous Inadequate understanding of the scope of the
prices for work performed. More sophisticat- brownfield problem and of its financial and
ed financial, legal, and administrative tools social implications at all levels.
are required (and are lacking) for example to Low levels of political commitment to brown-
support public-private partnership arrange- field reuse at all levels.
ments. The main barriers now are not fiscal,
but the issues of awareness, co-ordination and Absence of an overall brownfield strategy
inadequate administrative and legal frame- mainly at the national level but also in the
works that prevent the proper channelling of lower levels.
existing resources. Inadequate co-operation and knowledge-
It is inconceivable to think that all the barriers transfer among disciplines, institutions and
to brownfield reuse can be removed or low- departments within institutions.
ered blanketly for all the brownfield sites or Inadequate know-how across the full range of
that it is a simple, single issue to remove them. potential brownfield stakeholders, including
It can be seen, by analysing the output of sev- private investors, local authorities, regions,
eral projects and from a number of seminars and ministries.
within the region involving broad spectrum
25
Chapter 4
26
Chapter 4
4.3 Need for national, regional and local Individual Regional Brownfield Regeneration
Brownfield Strategies Strategies are likely to include a number of
By whom should the thousands of brownfield different programmes, each with its own spe-
sites be assessed? According to what princi- cific objectives and characteristics. Many pos-
ples should their treatment be prioritized? sibilities exist here and they should reflect the
Where should the funds for this come from? actual brownfield situation of the region and
What are the goals and targets that would the regional selected priorities.
drive this effort? Who should be responsible • One programme might be designed to en-
for delivering the national policy and co-ordi- sure that strategically-located brownfield
nation on a cross-departmental and cross-sec- sites increasingly contribute to the demand
toral basis. Without a clear-cut “owner” of the for land to be used for industrial and com-
problem and a clear strategy for tackling it, it mercial purposes, so contributing to eco-
would be difficult to force the political sphere nomic development and job creation.
to press for action. • Another programme might promote miti-
gation of physical blight in brownfields in
Therefore, a strategy is essential. A national non-commercial locations. The program
strategy should provide a cohesive framework task here will be demolition, decontamina-
through which the government can address a tion, landscaping and the provision of serv-
wide range of issues surrounding the regener- ices.
ation and redevelopment of brownfield sites. • The next program might be designed, for
It also should provide a framework that en- example, to enable the reuse of brown-
sures individual regional strategies are devel- fields for specific aims, such as tourism or
oped that are compatible with and comple- an increase in leisure facilities.
mentary to the national strategy. This, in turn,
would help meet the medium and long-term 4.4 Need for inter-sectoral, inter-depart-
property needs of industry, commerce and mental and inter-professional cooperation
the public and private sectors in each region. Effective brownfield reuse and revitalisation
By involving all relevant stakeholders and is a broadly cross-professional, cross-depart-
making use of all the information, a compre- mental and cross-sectoral affair under quality
hensive strategy evolves to a better and more leadership that is following a strong and wide-
focused product reflecting the specific needs ly accepted policy. Without a sufficient level
of regional stakeholders. In this way it would of cross-working and co-ordinated co-opera-
also be a strategy that is “owned” and fully tion brownfield reuse will not happen, efforts
supported by those regional and local stake- will be wasted, progress will be sabotaged or
holders. Such a strategy would then be linked withered and monies spent on it will mostly
to other existing economic development, so- be thrown out of the window.
cial and environmental strategies of the re- Brownfield solutions depend not only on a
gion. Quantified objectives needs to be set quality horizontal co-operation of all stake-
for the contribution that brownfield sites will holders at each level, but also on vertical co-
eventually make. These objectives have to in- operation between the national, regional and
clude specific targets for example the amount local levels of administration, regulative bod-
of brownfield land to be regenerated, on an ies. They also depend on the co-operation
annual basis, for different uses (e.g. industry, and inclusion into this process of private and
housing, leisure and recreation, open space, other stakeholders, who have experiences and
etc.) actual technical details of specific national/lo-
27
Chapter 4
cal barriers that prevent them from increasing 4.4.1 Need for leadership and coordination
levels of brownfield revitalisation. All these
stakeholders need to be active and participate
in enabling effective brownfield solutions.
28
Chapter 4
4.5 Need for education instruments 4.6 Need for reflecting the issues in the
From a number of analyses of the Central Eu- National Development Program and the
ropean region it is becoming obvious that the new EU-Operational Programs (OP)
largest barrier to brownfield reuse is not, as it is As explained elsewhere, brownfield revitalisa-
usually assumed, money but the lack of stake- tion is an expensive pass-time and requires a
holder know-how, specific explanation and very creative use of “priming” public finance
education. This would enable them to act use- geared by a well-adapted and brownfield re-
fully and effectively in order to formulate ap- use-friendly legal framework. Some of this
propriate policies, strategies and create tools finance can also come from the EU Cohesion
and programs helping them to cope with their and Structural Funding as brownfield reha-
brownfield reuse. Such education and knowl- bilitation fulfils some of its funding priorities.
edge transfer is usually recommended and ap- Also, when remediation of these brownfields
plied horizontally and vertically through out is well integrated into national structural fund-
all the stakeholders bodies, public or private. ing priorities, then their national contribution
and future finance are much more secure.
This is because to benefit from EU funding for
brownfields, matching national funding has
to be in place and can not therefore be so ea-
sily subject to budget cuts. Structural funding
Another important fact is that education is for brownfield rehabilitation is already being
usually much cheaper to obtain than any used in the Czech Republic. However, as the
knowledge transfer and that such education first experience shows, it is not so easy to use
usually has a much broader impact. Specific the cohesion funding effectively, mainly due
educational packages may actually form a to a long lead in project time preparation
part of certain knowledge to be transferred. and due to the unavailability of substantial
Know-how usually has to be bought from lo- projects (especially for brownfield environ-
cal or foreign consultants or obtained though mental remediation – large state institutions
sufficient experience of doing the actual and bodies that could have put large projects
thing. However carrying out the job without together have entirely missed the boat here).
sufficient knowledge may be, in terms of In other instances the ‘polluter pays’ princi-
mistakes made, more expensive than actu- ple sometimes prevents such an application.
ally buying the knowledge in the first place. Therefore using such funding effectively re-
Part of such a brownfield knowledge transfer quires long-term, prior planning and prepara-
is delivered by the project LEPOB through its tion along with effective communication to
education packages. The project supplies this stakeholders of what is being planned in order
handbook, a parallel modular course and a to secure their timely response.
teacher’s training package in generic English. In smaller programmes the projects are easier
Project LEPOB supplies a horizontal holistic to deliver. There exists examples of brownfield
education package aimed at the continuous conversion for public purposes in the Czech
education of charted engineers.. This package SROP programmes and there is a brownfield
should also serve as an example of how to ap- reuse title in the OP Industry. Experience
proach similar educational tasks. The package shows that the later conceived programs han-
can be easily adapted for use for other types dle the issue of brownfield remediation much
of stakeholders. better. This may be said of the structural fund-
29
Chapter 4
ing document Objective 2 for Prague, where Q7 Write down what tools to help the brown-
the issue of brownfield remediation is handled field reuse communities in your country ex-
very well with flexibility. However, using struc- ist now and what tools would be desirable
tural funding for brownfield rehabilitation re- in the future
quires substantiating one’s own brownfield Q8 Discuss with others and write down wheth-
situation (nationally, regionally and locally), as er the professionals in your country are
discussed in the previous chapter. suitably trained for horizontal co-opera-
tion and multigroup solutions working.
Q9 Discuss with others and write down, how
brownfield issues are reflected in the NDP
and other programs that attract funding.
Questions to facilitate further learning that will
help you to reach the learning level of “under-
standing”
Q1 Write down the main barriers to brownfield BOX 2: Examples of national legislation
reuse in your country and compare and “visualizing”brownfields in cadastral registers
discuses them with others. and other solutions
Q2 Is there a national policy/ regional brown- As explained brownfield inventories and ana-
field policy in your country lyses help cities and regions to grasp the size
• if yes, than discuss with others if it is an and type of their rejuvenation problem. Regis-
appropriate one ters visualising certain aspects of brownfields
also may help investors who are searching for
• if no, write down what you thing such a
information. But one must bear in mind that
policy should say.
an individual brownfield may appear simulta-
Q3 Is there a national policy/regional brown- neously in several such registers, as all these
field strategy in your country registers record a specific aspect of brown-
• if there is one discuss with others if it is an fields. Registers may also describe the main
appropriate one barriers to brownfield reuse.
30
Chapter 4
31
Chapter 4
Not all countries make such registers public, for the Czech Republic” has disclosed the first
nor is their data compiled on national databas- comprehensive count of brownfields in a sam-
es. Neither is such data collected and stored ple region. Figures are given in table 12. The
in a nationally agreed format. In the Central most surprising findings from the data gath-
European area the most common registers ered in the second most industrialised region
are the land and property cadastrals and plan- in the Czech Republic were as follows:
ning documents. However, in some countries • presumption about the nature of the prob-
such as the Czech Republic, Poland, Slovakia lem in the region can vary substantially
and the UK property registers are not used to from the reality
record brownfield-related impediments (en- • 0.46% of land are brownfields
vironmental damage etc.). Whereas in other • the analysis of the sites by former use indi-
countries such as Germany, Flanders and Hun- cated that in the Suit region 43% of all the
gary the visibility in the national property reg- sites were residential
isters (including all potential damage, remedi- • only 15% of sites in this region were of an
ation action and also all the liabilities related industrial (or quasi-industrial) nature.
to such land) is demanded by law. • more than 45% of brownfields were small
under the size of 1 hectare.
Also, not all planning documents yet visualise
• 27% of sites (and 26% by area) were of agri-
brownfields (in some of the Central European
cultural origin
countries brownfield inventories and moni-
• only 63 (less than 10% in numbers but
toring are not yet part of the local or regional
around 20% in size) sites in the region were
plan- making agenda). This applies for most
of sufficient “bonity” to warrant further in-
regions of Czech Republic, Slovakia and Po-
vestigation by examining their strategic re-
land and Hungary.
development potential
BOX 3: The Czech example of assessing brown- • the importance of matching data collection
field numbers. to strategic requirements became obvious
This example is given to illustrate firstly what Based on data from this single (but compre-
is needed and secondly as inspiration to copy hensively surveyed region) an informed pre-
as best practise. In the Czech Republic until diction for an overall national situation was
September 2004, there was no comprehen- made.
sive data or even sample data identifying the
The report assumes that across the Czech
nature of problem on the national or regional
Republic there might be between 8,500 and
scale. Only a handful of cities had some sort of
11,700 brownfields with a total area of be-
a brownfield count and brownfield indicators
tween 270 and 380 km2. However, the report
that were pushed by an American NGO - the
assumes that there may be a greater spread
ITDP. Since then the PHARE financed report
within other individual regions and, on the
“National Brownfield Regeneration Strategy
32
Chapter 4
basis of all best and worst cases, the number also illustrates how relatively simply it is to get
of sites might be between 6,500 and 12,500 an overall idea of the actual size of a regional
individual sites with an area between 250 and or national brownfield problem. The report
400 km2 (0.34% to 0.54% of the total land area emphasises the importance of regional dif-
of the country). See table 11 for this national ferences and the need for making an actual
prediction. For the whole report in English or regional count and analyses, before any priori-
Czech and the brownfield evidence question- ties can be set.
naire see www.regenerace.org. This report
Table 11: Minimum and maximum figures for some Czech regions⁹
No of Brownfield Sites Area of Brownfield Sites (km²)
Region Minimum (No) Maximum (No) Minimum (km²) Maximum (km²)
Ústecký 758 758 24.77 24.77
Hl. m. Praha 633 1107 20.61 36.04
Středočeský 1069 1512 34.83 49.24
Jihočeský 436 748 14.19 24.35
Plzeňský 479 754 15.61 24.55
Karlovarský 174 421 5.68 13.72
Liberecký 396 653 12.91 21.26
Královéhradecký 366 752 11.92 24.50
Pardubický 523 663 17.03 21.60
Vysočina 383 633 12.49 20.63
Jihomoravský 575 1320 18.73 42.00
Table 12: Brownfield sites in the Ústí and Labem region, by category, size and total area¹⁰
Number of Brownfield Sites
Category (Type)
1a 1b 2a 2b 3a 3b 4a 4b 5 Total Total area (ha)
Size (Hectares)
≤ 1 [ha] 5 317 13 12 1 61 409 204
1–5 [ha] 160 10 1 35 3 46 255 682
5–10 [ha] 40 11 1 3 55 416
10–50 [ha] 13 2 1 13 1 5 35 810
50–100 [ha] 1 2 3 215
100–200 [ha] 1 1 150
200–500 [ha] 0 0
>500 [ha] 0 0
Total Number 5 531 0 25 2 73 4 3 115 758 2477
Total Area [ha] 4 1205 0 115 33 637 175 11 297 2477
⁹ Parsons Brinckerhoff (2004): Czech Brownfield Regeneration Strategy, CSF, PHARE project EuropeAid/113183/D/SV/CZ,Strategy, table 6.3 and 6.5
¹⁰ Parsons Brinckerhoff (2004), Czech Brownfield Regeneration Strategy, CSF, PHARE project EuropeAid/113183/D/SV/CZ, table 6.3 and 6.5
33
Chapter 4
Table 13: Distribution of Brownfield Sites in Ústí by Size and Former Use
Number of Brownfield Sites
Size [ha] Total No of Total area
≤1 1–5 5–10 10–50 50–100 100-200 200-500 >500
Former Use Sites (ha)
Manufacturing 12 27 9 11 1 60 498
Extractive and
1 4 1 2 1 1 10 261
Waste Disposal
Petro, Energy 1 2 1 3 7 87
Military 1 4 2 6 1 14 272
Agriculture 51 120 29 5 205 658
Railway Land 7 5 12 15
Light Industry 9 22 9 2 42 196
Education System 7 5 1 1 14 155
Residential 259 20 279 38
Other 61 46 3 5 115 297
Total Number 409 255 55 35 3 1 0 0 758 2477
What we would gain if our brownfields Reuse of brownfields therefore results in a win
were reused? – the benefits of brownfield on all fronts and it improves:
redevelopment. • national, regional or local competitiveness
If brownfield reuse is not addressed, then un- • land use economy in communities (as that
fortunately brownfields do not go away on they do not carry such a burden of un-
their own – they only become a bigger and productive underused land and infrastruc-
more expensive problem over time. ture)
• attractiveness of communities to potential
When looking at brownfield land we have to investors
imagine what we are actually losing by not us-
• employment possibilities in communities
ing it. Here is a short example:
• physical and cultural standards in commu-
• One hectare of land represents 50 potential
nities
employment places.
• environmental standards in communities
• One hectare of land represents 30-45 hous-
• wealth in communities
ing units.
• One hectare of well-functioning urban land • sustainable growth in communities
represents an increased tax income for its
community What would happen if we do nothing?
• One hectare of park land represents in- If we do not support brownfield reuse, then
creased environmental quality, which usu- development will continue to drift on to
ally brings a direct monetary benefit to all greenfields. The consequence of this will be
surrounding properties that there will be even more brownfield de-
• One hectare of forested land represents velopment, due to the fact that the existing
increased habitats and offers other direct urban areas will lack investment activities and
environmental benefits. will further lose their attractiveness, creating a
• Reshaping and restructuring historical land spiral effect that will further deter their reuse.
parcels and uses opens up new possibilities Such brownfields would not only produce in-
to communities and improves their infra- sufficient tax income, but as these areas are
structure. usually also blighted by a high unemploy-
34
Chapter 5
35
Chapter 5
Urban development is a “play” of many “play- social and economic dimensions of develop-
ers”, but the action or inaction of municipali- ment sustainability at the intersection of lo-
ties could reasonably impact the direction of cal, regional, national and even international
the development, in which the important role levels.
is the re-use, under-use or degradation/der- When analysing the development potential of
eliction of the brownfield and/or activation of a brownfield site the following aspects have to
greenfields for construction sites. Therefore, be taken into account:
there is a strong need for specific strategic ap- • Internal features of the area.
proaches to brownfield regeneration as a part • Detailed functional characteristics (present
of complex urban development strategies. and past land-use data).
The strategies at the local level are of special • Features of the built environment.
importance, but in most cases the range of • Features of the social and socio-cultural en-
brownfield regeneration problems oversteps vironment (cultural assets incl.).
the capacity of municipal level, even of big • Features of the natural environment (air
cities. In addition to this, the decline of urban and soil pollution incl.).
areas of different sizes seems to be a signifi- • Features of the legislative environment
cant manifestation of the transition process of (planning regulations incl.).
an industrial society towards a post-industrial • Features of the economics of the area.
society at the end of the 20th and start of the • Size of the area.
21st century. Specific approachs to brownfield • Ownership conditions.
regeneration at the national and even interna- • Area location in the functional and physical
tional level must be an integrated part of the structure of the city.
complex spatial development policy at na- • Location of the area in the context of trans-
tional and regional levels. port and infrastructure connections.
A part of the strategy development at all the • The role of the area in the city organism.
levels mentioned above is the assessment of • Existing development strategies, plans and
the development potentials of brownfield programmes for brownfield regeneration
sites. In several cases local decisions are influ- and the relevant stakeholders in the area.
enced by national policies. Typical examples • External conditions for the development.
are the state subsidies for the establishment The base for the analysis of the develop-
of industrial or technology parks on green- ment potential of a brownfield site and for
fields, while at the same time the majority of regeneration strategy development is access
municipalities have to face the problem of to detailed information. For example, a well-
under-used or derelict industrial areas in the functioning land registry is essential for inves-
state these being already well-connected by tigating the development of brownfield sites.
the transport systems, technical infrastructure Environmental agencies are building databas-
and incorporated into the urban structure. es of known and potential contamination, the
This creates important development poten- pollution situation and the important values
tial for available brownfield sites in spite of an of the natural environment. Special systems
often pre-existing environmental burden. The of information on the living environment in-
advantages of the localisation of new activities tegrating the whole range of relevant infor-
as potential brownfield regenerations have to mation available are to be created in many
be assessed, not only from the point of view countries, based on the interaction with GIS
of the micro-economic effects for the imme- data (existing as land-use categories, urban
diate investors, but also in the environmental, planning regulations and planning decisions)
36
Chapter 5
Aside from the gathering of relevant data on 5.2 Reflecting the issue of vacant or under-
brownfields the proper interpretation of these used land in planning documents
data concerning the potential of brownfield, is
Although brownfield regeneration strate-
equally crucial.
gies, as shown above, have to be integrated
parts of development policies they are prima-
Example of Ostrava, Czech Republic rily linked with urban planning and develop-
– systematic approach to the brownfield ment strategies under the responsibility of
inventory local governments. National policies focus on
Ostrava started to create a brownfield inven- the identification of brownfields and on the
tory at the city level in 1999. The inventory need for external intervention to regenerate
consists of a digital map and text descrip- them, but any brownfield regeneration strat-
tions. There are about 100 sites in the inven- egy needs a local component to examine the
tory. The inventory includes all sites that wider impacts of intervention with regard to
were impacted by industry (including mine the surroundings.
dumps, sludge pits and others). Properties As planning sovereignty forms a part of the
in the inventory comprise about 15% of the territorial sovereignty respected in European
city’s built-up area. The inventory also con- democracies, local governments play a key
tains information which could be helpful for role in brownfield regeneration management
potential investors/developers. One purpose as an integrated part of spatial development
of the inventory is to allow the city to select management at a local level, including the
the most appropriate sites and to prepare planning processes. In the planning process
special offers for investors. Former uses of the regulations concerning land-use of the
these sites were primarily steel production, sites in the municipality with regard to func-
the chemical industry and the mining in- tional and physical structure, development
dustry. Environmental contamination has strategies, limits, schemes and patterns are
affected the soil and groundwater and there set. In this way the planning document is very
are all levels of contamination (low, medium, important, but not the only instrument of the
high/emergency status) depending on the active brownfield regeneration policy. There is
former type of activity. There are many sites a strong need for a holistic approach regard-
near the city centre because of the history ing regeneration policies integrating the en-
development of the city. The city of Ostrava vironmental, social and economic dimensions
provides financial support for the projects and the reintegration of brownfield sites into
of redevelopment from the city budget and the urban functional structure.
these financial means have been used for Municipalities can play an active role in pro-
surveys, development plans, purchase of moting brownfield regeneration by providing
land, technical infrastructure etc. a complex policy framework integrating the
sectoral policies (fiscal subsidies, allowances,
taxes, environmental limits, fees, directions,
orders, social benefits, public services and re-
sources, raw materials, financial, infrastructure
and human capacities). The co-ordination of
sectoral policies, allocation of resources and
the exploitation of these resources in time and
space is a crucial role in spatial development
planning and especially land-use planning.
37
Chapter 5
In the context of understanding the limited necessity to start the complex regeneration
possibilities for safeguarding the sustainabil- process on the existing brownfield.
ity of development, the role of space/land as In certain cases the lower development dy-
one of the limited resources has increased. The namics can be determined by specific societal
greenfields outside the built-up area of a mu- interests in certain areas, motivated by specif-
nicipality and even well inside the urban struc- ic values of function or the physical structure
ture are no longer unambiguously interpreted of the area. This interest can be expressed by
as vacant or under-used land. They now play the protection of cultural heritage or environ-
an important role in the ecological and psy- mental protection, thus setting the limitations
chological quality of urban environment and for extensive development. Those areas need
urban life. Sustainable development strate- a special planning approach, identifying such
gies via orientation toward the intensification areas and their specific values and implement-
of the exploitation of plots inside the built-up ing a specific regime for them. Thus requiring
areas of municipalities and chase the goal of and allowing the activation of development
preventing urban sprawl. Each functional area potential based on a sustainable valuation of
within the city, with its physical structures specific values of the area, often under sus-
(buildings, technical and social infrastructure, tainable external support.
etc.), is subject to the development processes
In general, there is still a lot of confusion and
representing its life cycle. The dynamics of
lack of awareness regarding what brownfield
these processes depend on the dynamics of
regeneration really means and why greenfield
the innovation cycles of society as a whole es-
developments are, in the long term, in contra-
pecially in certain functional segments.
diction not only with the environmental but
Innovation cycles in the production sectors, also with the economic dimension of sustain-
having become shorter, accelerate the dy- ability. This weak point can be overcome only
namics of the life-cycle of urban functional by systematic planning initiatives.
and physical structures. The flexible urban
5.3 Reflecting the environmental risks at-
structures are, under certain conditions, able
tached to already used land in planning
to adapt themselves to new requirements documents
in a natural evolutionary process. However,
in many cases a phase of decline follows the The synergy of population growth, further
phases of dynamic development and stabilisa- urbanisation and the transition of industrial-
tion due to inertia, inflexibility of the physical based economies towards knowledge-based
structure or unfavourable external conditions economies is placing a tremendous strain on
behind the natural development of the city or resources and the environment. Cities them-
region as a whole. Therefore it is not able to selves rely on the balance of inputs in terms of
start the new development using its internal physical resources (raw materials, energy, con-
potential. It is very important to identify the struction materials and space) and the ability
first symptoms of such development (under- to dispose of the outputs, in terms of waste
used areas, environmental or social degrada- products, to their hinterland.
tion etc.) by the permanent monitoring of the The need to respond to current demands
spatial development as an integral part of the without compromising those of future gen-
planning and management activities at a lo- erations is driving forward the reflection of
cal level. This allows reaction by appropriate environmental risks attached to current land
supportive measures to be carried out much use. Adoption of new technologies in build-
more efficiently than by comparison with the ing, transport, water management and en-
38
Chapter 5
ergy recycling has become a major concern misation of spatial and functional land use.
of the sustainable re/development of cities. Propositions can be divided into the following
Post-modern value systems and quality of life categories:
expectations show increasing intolerance of • propositions for the minimisation/elimina-
environmental risk attached to existing land- tion of environmental risk associated with
use or to planned development. Terms such measures that focus on the removal of en-
as brownfield revitalisation, landscape revital- vironmental stresses (e.g. decontamination
isation and urban structure revitalisation be- of soil, implementation of new air clean-
come an integral part of development strat- ing technologies to minimise air pollution)
egies. Although the process of rehabilitation without limitations for current/planned
can refer to different aspects of spatial quality, land use.
the environmental dimension of rehabilita- • propositions for the minimisation/elimina-
tion dominates. tion of environmental risks influencing cur-
Reflection on the environmental risks attached rent/planned land use accompanied by:
to already-used land in planning documents • propositions for the increase of ecological
requires the following steps: stability and biodiversity.
• propositions for environmental protection
Analysis – selection, specification and charac- and conservation.
terisation of abiotic and biotic complexes in • propositions for natural resources protec-
the context of the socio-economic situation. tion.
The output of this step is a series of analyti-
cal maps showing the ecological conditions of 5.4 Importance of a local development and
the territory - geology, hydrology, climate, soil, planning initiative
biodiversity, positive and negative features of Successful regeneration of brownfields is a
relevant complexes etc... complex endeavour, requiring the joint effort
Interpretation – the creation of so called “fo- of many different stakeholders. Although the
cused characteristics” (e.g. sensitivity, ecologi- local level is crucial for achieving the co-ordi-
cal importance, carrying capacity, etc..) that nated approach, it is also vital to co-operate
represent the baseline for the evaluation of with state governmental bodies, regional bod-
environmental problems as well as for elimi- ies and neighbouring municipalities. If one of
nation proposals. the municipalities in the region sets stringent
regulations against greenfield developments,
Evaluation – focused on the assessment of but the neighbouring municipalities allow
the present land use based on the ecological the development on their greenfield sites, it
(primarily landscape ecology) limits coming will be really difficult to get developers to use
from the interpreted focused characteristics brownfield sites. Regional co-operation and a
of the land. The main result of this step is the proactive state policy supporting brownfield
evaluation of the present land use, its adverse regeneration in the combination with the
impact from the point of view of ecol- planning initiatives at the local level seem to
ogy and the determination of ecological prob- be preconditions for safeguarding sustainable
lem areas, i.e. areas in which the present land urban development, including the regenera-
use does not correspond with the ecological tion of brownfields.
(primarily landscape ecology) principles.
Potential projects often fail at an early stage
Proposition – the generation of a series of because of the absence of clear strategies
measures for solving the environmental prob- based on joint stakeholders’ development
lems of given land and the consequent opti-
39
Chapter 5
visions and goals, insufficient co-ordination In most countries, the planning process is
within the stakeholder group, absence of mu- long and complicated. Drawing up a local plan
tual trust and often insufficient co-ordination takes a long time and the process of its nego-
within the local government itself (depart- tiation and ratification by local government is
ments do not communicate with each other, a lengthy one. For most brownfields it would
their co-operation limited by mutual rivalry). be helpful if the planning activities, including
These problems are often multiplied by lack the investigation and interpretation of differ-
of experience and knowledge at local level. ent studies, could be brought together within
However, an understanding of the depth of an efficient planning process preferably under
brownfield problems is essential for a success- the leadership of a planning and decision-
ful brownfield regeneration scheme develop- making body with the appropriate authority
ment. Therefore, a realistic estimation of the and trust among the stakeholders. Such bod-
local capabilities for strategy development, ies used to be the local planning authorities,
planning, programming and managing the re- but the planning initiative of other stakehol-
generation process is a very important part of ders can be used efficiently.
the start-up phase of any brownfield regene-
ration process. 5.5 The planning and management context
of brownfield redevelopment. Brownfields,
Example of Bratislava Rača, Slovak Re- local land management and municipal
public – creative local visioning and the planning
involvement of stakeholders
The redevelopment of brownfields is a com-
The strategic vision encompasses the de- plex process. Principal changes in the physi-
velopment of local communities and urban cal environment, urban fabric and natural
areas into attractive places for living and ecosystems accompanied by the revitalisation
the development of services and facilities. of local economies and social systems are in-
This includes connecting to natural sites and tegrated into the synergy of new sustainable
developing manufacturing, trade and com- development. In addition, this integrative,
mercial facilities on the periphery. complex process requires the joint effort of
The city quarter of Bratislava-Rača has large different stakeholders with different interests,
brownfield areas in its south-eastern part. capacities and abilities.
The city has formulated its own vision and Practice with the brownfield redevelopment
development strategy at the local level in process shows that safeguarding sustainable
close co-operation with local stakeholders development in former brownfields not only
and with broad public participation. At the means investment in the elimination of the
same time the strategy has been produced environmental loads or the rehabilitation of
by co-ordinating with the development plan local economy on the brownfield area itself,
of neighbouring city quarters and with the but also depends on its long term complex
vision of the capital city as a whole in the integration into the organism of the city. In
preparation process of the Master Plan and this context, there is no opportunity to solve
the Development Strategy of Bratislava, the the problems of brownfield redevelopment
capital of the Slovak Republic. This allowed by isolated rehabilitation actions/activities in
the integration of local and external sources, an appropriate way. Only a strategic goal-ori-
with the active support of the local commu- ented approach, as an integrated part of local
nity, working together towards the imple- land-use management framed by systematic
mentation of a comprehensive regeneration development planning, can guarantee effi-
strategy. cient redevelopment investment.
40
Chapter 5
41
Chapter 5
(*‘ Potentials’ are part of ‘visioning’ as these rely on using prospective techniques)
The site analysis, as a basis for the active use Table 7: Economic criteria
of its results in the visioning and predicting Local commercial activity
phases, represents one of the key conditions Local economic dynamics
for an efficient redevelopment process. The Dependency on outside investment
complexity of the brownfield redevelopment Investment (private and public sector)
process requires broad investigation and Fluctuation of enterprises (in/out migration)
assessment activities focused on the iden- Demand for retail goods and services
tification of the problems, potential of the Supply of retail goods and services
brownfield area itself and on identification of Land values / rental values
the external potential and conditions for the Enterprise start-ups
brownfield regeneration process. Criteria for Vacant industrial, commercial and office space
site analysis consists of four main groups: eco- Range of local employment opportunities
nomic criteria, ecological criteria, social crite- Level of unemployment
ria and urban fabric criteria: Spatial mismatch between people and jobs
42
Chapter 5
43
Chapter 5
44
Chapter 5
3.2.8. Design of action plan - development of • What factors do these criteria contain?
the programme operation of the plan • What is the structure of activities to be car-
and chosen activities in a definedsys- ried out for the planned redevelopment
tem relationship (activities co-ordina- process?
ted in time, space and content)
3.2.9. Definition of progress indicators
5. Monitoring
5.1. Programme implementation monitoring
5.1.1. Ex-ante evaluation/strategic impact
assessment
5.1.2. Investigation of the implementation
process
5.1.3. Assessment of the implementation
process
5.2. Permanent development monitoring
5.2.1. Investigation of the development
processes
5.2.2. Assessment of the development sus-
tainability
45
Chapter 6
46
Chapter 6
• Use record
» Way of use, processes, modes of produc-
tions, technologies used
47
Chapter 6
Detailed investiga- to confirm record client to confirm specialist consult- reports of various cost money
tion (there may be and analyse the the purchase deci- ant or lawyers type, in accordance
Based on private
several types of in- main facts sion with commission-
agreement, but
vestigation going ing documents
developer to for- may be regulated
on proving various
mulate the outline by the professional
facts and risks iden-
development pro- levels of fees.
tified in the outline
posal
investigation)
consultants to
produce specific
advice on issues
identified
regulating authori-
ties to formulate
their requirements
48
Chapter 6
49
Chapter 6
50
Chapter 6
has more complexities of various types at- tion and limitations with high liability and
tached to its title. Apart from the ownership is- indebteture risks attached to it and the new
sues, there may also be other interests in land, buyer is accepting these risks usually without
such as various charges (for mortgage and much redress. This makes it a less viable pur-
loan guarantees), various rights (for example chase and unattractive for redevelopment.
the right to support past infrastructure under
or over the land) or various rights related to the BOX 4: Losing site integrity
access to the land. Therefore, property which The process of privatization, and in particular
has a long use history usually has a larger risk some of its irregularities, has had the unan-
attached to its title and the limitation arising ticipated effect of impairing the treatment of
from such a title as well as the title itself needs brownfield rehabilitation. This describes the
serious consideration. loss of property and the spatial and financial
integration that took place during the period
of the Czech privatization. The process was
know also as tunneling and consisted of the
privatized companies asset stripping. Devious
property transfers were a key element. The
goal of this tunneling was to move as many
company assets as possible into protected
ownership at vastly under-priced rates. The
remaining husk of privatized companies often
failed and ended up in bankruptcy receiver-
ship — since the intention of purchase was
often simply this asset stripping.
The companies to which assets were trans-
Fig. 6.1 Division of the area into plots at the site of the Technical Park Kraków- ferred were often related to the seller, but for-
-Wschód construction mally insulated from it by the ineffectiveness
Indebteture and bankruptcy of the law and its enforcement. The properties
might then be resold, to provide still further
The physical degradation of brownfield sites protection against their recovery. For a peri-
is often accompanied by a degradation of od, such transfers had the added advantage of
their ownership status and integrity. One of practically removing the possibility of reclaim-
the processes that usually degrade brownfield ing the mortgage they bore–as collateral for
ownership is indebteture and bankruptcy. In- the loan for privatization purchase in the first
debeture precedes bankruptcy. Unrealistic place!
amounts are often secured on the brownfield
property, which has by its nature a tendency A natural legacy of the privatization process
to decline in value. When the business income was therefore that a large number of proper-
is unable to pay for debt servicing then the ties ended up in receivership after the bank-
bankruptcy administrator steps in. Initially, as ruptcy of such mismanaged privatized or
there is little cash in such a company, he tends restituted companies. Receivers had little in-
to finance his proceedings by disposal of terest in knowing or making known any spe-
properties in small individual lots. The residual cific encumbrances, (environmental pollution
property after such disposal often carries an for example) since these compromised their
unusually large amount of ownership restric- mandate of achieving a rapid sale and as high
51
Chapter 6
a price as possible. This favored sales to risk- spective investors‘ money. But the complexi-
ignorant buyers. ties and risks relating to such an infrastructure
The privatization process and then the sale of ownership or dilapidation may take part of
properties in receivership also led to a wide- this advantage away. Connections with me-
spread fragmentation of sites to a degree that tropolis-like centres are also essential as well
rendered many unwieldy for redevelopment as an accessibility to roads with vehicle trans-
projects. Splitting properties increased in- port being the dominant mode in the case of
come, and attracted speculative buyers pur- people and goods transport. Access to rail,
chasing slivers of sites specifically for their water or air transport also significant and it is
future nuisance value. Over time, some large required to varying extents typical for each
sites have passed from a single ownership to strongly urbanised region.
a handful of owners, and then to dozens. In Centrally located brownfields also usually ben-
some cases, even the land and building own- efit from a high level of existing public trans-
ership are split, as land and the buildings are port provision. (For an example the ex TATRA
separately registerable entities in the Property site in Prague 9 lies between 2 tram lines, next
Cadastral Register under Czech law. to the district bus station, next to a major rail-
As a result of this fragmentation process, po- way line, adjacent to the inner and the outer
tential developers often face tremendous ring roads and also benefits from a private exit
site (re)assembly problems, especially in the from the local Metro).
absence of instruments such as compulsory
purchase, safely enforceable purchase op- Existing Structures and substructures
tions or effective pre-emptive purchase rights. The value of existing structures can be clas-
Perhaps as a reaction to past decades of ab- sified in many ways and buildings are valued
solute state powers compulsory purchase ar- for many purposes. The most important, but
rangements are very limited and only possible not the only, value is of structured economic
when a site is zoned for a public interest facil- exploitability (market value). Some structures
ity or infrastructure on an approved land-use although valueless or even with a negative
plan. But all these mechanisms exist to allow a value (due to the fact that they need to be de-
developer to work towards assembling a site molished), may be located on a very valuable
without going too much out on a limb in pur- site which bumps up their transaction value.
chasing parts of a site before having the as- If the existing structures on site can be eco-
surance that the entire deal and its planning nomically reused, their value to the commu-
approval will go through. Without the possi- nity and the owners is increased and the his-
bility of assembling sites back into single own- torical sense of place is retained. If the whole
ership, many brownfields will remain under structure cannot be retained then at least their
used and/or be held back speculatively. parts should be preserved in order to preserve
the history of the site.
Communication and transport availability
Quality of communication infrastructure sup- Technical and moral value of value of struc-
ports opportunities for land development. In tures
the case of brownfields, the existing road net- It is assumed that a newly-constructed build-
work, power supply system, telecommunica- ing is technically fully valuable. During utili-
tion system, water supply system and ducting sation the building gradually loses its techni-
system allows the saving of some of the pro- cal value resulting from the durability of the
52
Chapter 6
53
Chapter 6
activity, even industrial waste stockpiles may • the least susceptible, practically impossible
have this value. An example is the Falun re- to convert: monolithic technological build-
gion in Sweden, where one thousand years of ings such as chimneys, freezers, ovens, con-
metal-working have resulted in slag heaps of tainers, flyovers as well as buildings serving
mining and smelting waste¹². special technical functions such as shafts
and hoist towers
Existing Structures reuse potential • medium susceptible, difficult to convert,
By analysing the susceptibility to transfor- large and high or multi-storey monolithic
mation, with regard to this kind of building, buildings.
the following three categories can be distin- • the most susceptible, easy to convert: in-
guished: stitutional buildings, smaller multi- or one-
storey frame production bays with infra-
structure and office buildings.
54
Chapter 6
Fig. 6.2 Processing plant and monumental tower of the Julia shaft in Wałbrzych (Poland) converted into museum of technology
55
Chapter 6
Repair and strengthening of the structures • it removes the stigma of pass use.
A change in building function is almost always • it reduces the structural risks.
accompanied by the need for reconstruction. • it reduces contamination risks.
It is usually connected with change of building • it may help speed up the development
superstructure loads and necessitates the re- process .
moval of some elements of the superstructure. • it may proved to be more cost effective
Such interference in the building construction (cheaper then a complex reconstruction).
system causes changes in the internal forces • it may produce higher development values
distribution, which often necessitates the rein- for the site.
forcement of some elements of construction. But demolition can also have negative effects:
The need for reinforcing and repair works may • it uproots the historical connections of lo-
also result from long-lasting usage in difficult cation.
conditions causing many mechanical defects • it is a costly process, especially where
arising from durability limits of materials used there is a large amount of material to be
for construction. Remodelling or strength- dumped.
ening existing buildings is sometimes much • it is a less sustainable option regarding ma-
more difficult and costly than designing and terial use or reuse (material is carted away
erecting new ones. Knowledge of old building and new materials need to be brought on
technologies, the ability to carry out materials to site).
testing and having the equipment to enable • it is a less sustainable with regard to trans-
such strengthening is required. The final deci- port.
sion of possible forms of reconstruction can • there are increased accident risks to work-
only be made by experts with many years of ers and the public.
professional building experience. • it can produce public nuisance due to ex-
Also, some of the building material which is tensive dust and vehicles.
contained in the existing buildings may have Demolition of structures usually also needs
been contaminated by the building’s past use to be approved and is further regulated by
(oil, heavy metals, etc….). The effect of pol- national legislation (planning and environ-
lution inside a building on humans is espe- mental). A specialist demolition contracting
cially serious, as it may represent prolonged certificate may be required for some type of
exposure. That is why the contaminated parts demolition. Preparing or commissioning a
of buildings, if they are considered for reuse,
demolition contract is specialist work.
need to be removed and replaced by new,
sound materials. Decontamination of oil- Demolition only to ground level is sometimes
soaked concrete structures may mean remov- being opted for, especially in a case to make
ing the contaminated concrete, a tedious and the brownfields sites quickly more palatable
expensive business. to investors, or to remove visual blight and
public hazard. This practice however leaves
Demolition a large amount of problems in the ground
which, due to usual lack of records on what
Demolition results in the removal of structures
exactly may have happened, then becomes
or parts of structures from the land surface
an unexpected and expensive surprise to an
and often also from the subsurface. Demoli-
tion and removal is often preferred by inves- unaware investor.
tors as an easy and fast option and it satisfy However, in situations where there is no mar-
some of their objectives: ket for dilapidated brownfields, the demoli-
56
Chapter 6
tion to ground level and making-good the type, range and possible effects of pollution.
land by grassing or simple planting may prove In practice, such documentation does not of-
to be a beneficial solution to the local commu- ten exist, or if it does exist, it is not complete
nity. Demolition can be also combined with or is unreliable. Also, one needs to remember
the reuse of material (either as construction that society’s perception of environmental
materials or as fill materials) on-site or off site. and human risk acceptability is quickly chang-
The on-site material reuse of may require the ing and what is today considered a very risky
use of specialist mobile plant. (crusher, grad- process may have been, even only 20 years
er, etc). Reuse of demolition materials off-site ago, considered a standard practice.
and even on-site may be governed by national In most buildings and processes their users
waste legislation, which could limit the reuse (customers, workers, managers, etc.) are those
of this material. who possess the most valuable knowledge
on what processes or substances were used
6.5 Contamination
and where they were used. Plants however
Contamination is usually (but not exclusively) close down, people move away or die and the
a result of human activities (industrial, agri- memory of what went on dies with them. It
cultural and others) related to land. Chapter then becomes necessary to employ specialists
10 deals with related contamination issues in to establish the likelihood and type of risk re-
more detail . Contamination may effect: lated to past use of the site and its structures.
• the air This is especially important when land use will
• topsoil and the subsoil be changing to higher value uses, as in most
• surface- or groundwater national legislation the referential or allow-
• structures able level of contamination is related to the
• vegetation land use.
• human health Even on national or regional databases inven-
When promoting the reuse of the brownfield tories of potential sources of environmental
land, measures need to be taken to record the contamination are limited to a few survey
potential risks related to past land use. Theo- points and coherent inventories are lacking.
retically, there should be records or documen- The following table gives an example of what
tation covering the whole period of site use happens when a coherent inventory is com-
or production, allowing identification of the piled:
57
Chapter 6
For example, when the reclamation project exact formats under which certain categories
of Gdańsk Harbour was being prepared old of investigation are carried out and national
maps and aerial pictures taken by allied forces regulating bodies usually certify or verify that
during II World War were used (Fig. 6.3). the Risk Analysis Report recommendations are
There are several levels of environmental acceptable. In some cases national legislation
pollution investigation, each suitable differ- regulators may also need to certify, on com-
ent purposes and at different stages of the pletion of remediation, that the agreed reme-
project. Table 17 describes the main catego- diation limits were adhered too. Special quali-
ries of investigation. National environmental fications and certification is usually needed for
legislation may prescribe or recommend the anything above an outline investigation.
Fig. 6.3 Examples of historical information used during Gdańsk Harbour reconstruction; aerial map from II World War(a) and preserved plans dated 1929(b)¹⁴.
¹⁴ Poborski P. (2004): “Project management and risk management for brownfields revitalization process”, Proceedings Lepob Seminar 17.12.2004.
58
Chapter 6
Risk analyses When the site evaluates all specially certi- report containing moderate to
investigation iden- available informa- fied engineer or a set of measures expensive
tifies substantial tion arising from company and limits for
pollution site investigation, site remediation
intended site use project
and sets the major
parameters for the
remediation work
Training may be needed for engineers to carry • Other sources of historical information/
out just the outline investigation. A certified data.
training course was used to train some of the The most important component of an envi-
existing UK professionals. These now supply ronmental pollution hazard is the hazard to
outline investigation services for site pur- health. It can be defined as the quality and
chase, planning and land-use changes pur- quantity indicators of negative and positive
poses. These are some of the sources for the health results appearing in people who were
desk search outline investigation. exposed to it and as the effects of a harmful
• Records kept by the entity (company, army factor influences. On individual brownfield
unit) located in the area of planned revitali- sites the exposure and related risks may be in-
sation. If the company’s activity resulted in fluenced by the following elements :
potential harm to the environment it was • Characteristics of the area.
usually obliged to carry out permanent • Identification and choice of chemical com-
monitoring. pound indicators (evaluation of relation-
• Archives of communal, district and provin- ship-dose response).
cial offices. Most alterations introduced by • Assessment of the exposure of people to
companies required submission to local danger during specific scenarios of expo-
authorities and their approval. sure (frequency, durability of exposure).
• Archives of state services such as the Pro- • Estimation of chemical substances toxicity
vincial Inspectorate of Environment Protec- (carcinogenic and non-carcinogenic).
tion, also from the Regional Disease Control • Characteristics of risk.
Centre - specialised in measurement and
estimation of environment conditions. Possibilities for some of the polluted brown-
• Survey conducted among local residents fields reuse are, in a way, a function of their
and former workers. Data obtained in this pollution. This means that the greater the pol-
way should be treated very carefully as lution the higher are the likely costs of rehabil-
there may be some subjective factors. itation. This then directly reduces the chances
of site future utilisation. Under such condi-
59
Chapter 6
tions of severe pollution effective remedia- animal consumption. Other plants can even
tion can happen only in locations where the convert the selected polluting elements into
market is able to bear such costs or in loca- elements that are harmless or even beneficial
tions where there is a public subsidy available to environment.
to cover them. What is actually in the ground Natural attenuation is a process in which na-
can be make clear by site investigation, how- ture is able, over the years, to eliminate certain
ever it can be proved only by actual remedia- levels of pollution. These can be organic or in-
tion. Sometimes it need not be the cost of organic pollutants. A selected type of bacteria
the remediation which is the main problem can, through a process called ‘enhanced natu-
but the time it takes to remove it (for example ral attenuation’, speed up the time in which
polluted groundwater may take several years Nature can deal with contamination. Natural
of pumping to remove the pollution to the attenuation and enhanced attenuation are
level agreed by the risk analysis) and time, as techniques that do not give results overnight
we all know, costs money. There are therefore and land may need to be taken out of normal
serious cost risks related to site remediation. use for number of years (sometimes 50 and
Experienced consultants and reliable site in- more). Also, this process needs to be moni-
vestigation of the environmental risks help to tored to assess what is happening and that it
keep down unplanned costs of rehabilitation, is happening is in the intended and predicted
thus increasing the project’s chance of suc- way. But the main advantage of such a process
cess. Illustration 6.4 presents a model scheme is that it is relatively cheap, therefore suitable
of a solution to environmental risk. for sites which are of no commercial interest
Green and environmental issues on brown- (such sites are very common). However, an im-
field sites portant element here is the visibility of the re-
mediation measure in a land registry. Over the
Nature is a great healer and underused or years, site notices disappear, fences rot and
abandoned sites are great opportunity for memories fade. Publicity of such a measure in
number of species to establish their domi- the land registry is make sure that buyers are
cile. Some of these may be quite rare and are aware of the environmental clearance regime
encouraged in their habitat by the particular that may affect such a plot.
type of site pollution. Considerations related
to environmental protection and retention of 6.6 Risk management and risk communi-
habitats may influence and sometimes even cation
hamper the development of such a site. Oth- Risks related to brownfield sites reuse for in-
ers species may be of a more common type, vestors, regulators, consultants and public
but over the years even the most ordinary exceed the risks of greenfield development.
seedling develops into a tree with a trunk di- But the risks for the individual stakeholders
ameter above 15 cm. This trunk size, in many may not be the same as the risks of the oth-
countries, can afford such a tree further envi- ers. For example, risks related to purchasing
ronmental protection, and permission may be the site and site title are those of the inves-
needed to remove it or requirements may be tors and their legal and real-estate advisors.
placed for replacing or even replanting it. But despite that the public, who carry no part
Nature can also work as a healer for contami- of such a risk, may be affected by the inves-
nation. Some plants have the ability to extract tors long and protracted arguments over the
polluting elements. This may be a great meth- site title - for example, development does not
od of pollution extraction but a catastrophe proceed until agreements have been reached.
when local people are growing such plants Table 18 illustrates the major risks for various
in their contaminated gardens for human or stakeholders.
60
Chapter 6
61
Chapter 6
Fig. 6.4 : Process scheme of solutions to environmental risk caused by polluted areas¹⁷.
62
Chapter 6
63
Chapter 6
where they may cause further damage. An of any existing and new buildings. To ensure
intensive natural succession and rare species the safety of foundation works soil strength-
occurrence is common on disused brownfield ening or its replacement up to subsoil level is
sites. necessary. Methods of soil facilitation aim to
6.6.1 Use of selected industrial wastes for include an increase in bearing capacity as well
rehabilitation as reduction of settlement, decrease in water
permeability and an increase in the resistance
The main sources of pollution in mining- to dynamic loading:
based urbanised areas are mining, smelting
and power industry wastes which are usu- The following factors need to be taken into
ally initially kept above ground in spoil heaps. consideration when choosing a subgrade
Only about half of these materials ever finds strengthening method:
a new use. However, techniques accelerating • Required loading capacity, rigidity, com-
such reuse are developing. pressibility and permeability parameters
Thanks to varied granulometric, mineralogi- related to aims.
cal and chemical content some of the indus- • Area morphological characteristics, area
trial wastes may actually accelerate and fa- size as well as strengthening required,
cilitate the site and soil rehabilitation process. depth, type of soil and its properties.
This process has to be carefully managed so • Access to the materials needed for strength-
that the actual “dosing” does not exceed ening.
the amount of substances causing ecologi- • Time required for construction works and
cal threat in the rehabilitated substrate. For their costs.
example: • Influence on the environment.
• Coal mining wastes may be used for the Meeting the last condition is often neglected
reclamation of ferrous and non-ferrous when options for planning soil strengthening
metallurgy as well as power cinder tanks. methods are being considered. However, it
• Carbon slimes can be used for the reclama- should be kept in mind that any internal inter-
tion of rock and coal waste stockpiles. ference in subgrade is practically irreversible.
• Power wastes are a useful substrate for coal Materials incorporated into the subgrade are
mining waste rehabilitation (they limit py- subject to the standards and regulations con-
rite weathering). cerning building materials and these are often
less strict than standards concerning the soil
6.6.2 Subgrade strengthening methods and ground qualities. Civil engineers choos-
Some parts of brownfield sites, especially the ing strengthening method should analyse the
industrial ones may have been used as a dis- possible consequences (erosion, change of
posal tip for different types of wastes and are water relations, water pollution, and influence
actually made-ground or on a made-ground. on adjacent buildings).
It happens that in a seemingly established 6.7 Project management and subcontracting
built-up or naturally wooded area there are
hidden pockets of old stockpiles and garbage Project management of brownfield projects
dumps under several centimetres of soil. This comprises more phases and carries much
may cause an incidental bedding of such soil, more risk than of that of an ordinary project,
the possibility of voids, an unusually low bear- especially when the developer and his project
ing capacity or insufficient consolidation, all of team are also handling the site remediation.
which result in problems with the foundations Having a clear development objective at the
64
Chapter 6
outset of the project helps the project team’s ties to avoid potential hazards should be
decision-making, risk handling and mitiga- analysed.
tion. The main difficulties usually occur during • Estimation of the transformation possibili-
the first phases of project realisation. That is ties.
acquisition, remediation and planning. Struc- Due diligence should minimise risks and pro-
tures on brownfield areas are normally the re- tect investors from liability in real-estate and
mains of heavy industry. Technological issues other business transactions with an all-in-one
such as those buildings of massive construc- information service that puts him on a secure
tion and are difficult to dismantle and some- legal footing. The audit investor should:
times the only possible method of removal is
explosive demolition. Because of such factors • Handle with confidence brownfield re-
the investor should : development projects and multi-inter-
est, commercial, and industrial real-estate
> Ensure safe working conditions for chemi- transactions.
cally contaminated areas. • Review of historical land records.
> Have permission and contingency for stor- • Get ongoing coverage of the news. Know
ing removed building site waste, the latest requirements and be fully pre-
> Guarantee suitable equipment for hard pared to act on changes and trends in the
demolition works, law.
> Have experience and knowledge of explo- • Read commentary and analysis by recog-
sive demolition methods. nised experts and authorities.
Choose contractors very carefully. Specialist • Identify sources of environmental risk.
brownfield related knowledge is required for • Hire and evaluate an environmental con-
working on such projects. Handling and com- sultant.
missioning remediation work requires a spe- • Conduct a site review (sampling of soil and
cialist understanding, in order that the devel- groundwater).
opment objectives, value for money and risk • Purchase comprehensive general liability
mitigation is achieved and property insurance.
• Negotiate and interpret an environmental
6.8 Due diligence chart assessment.
Change planning is usually subordinate to a • Anticipate cleanup requirements and costs.
local area development plan. Local communi- Determine appropriate remediation tech-
ty needs should be expressed in the adopted niques.
transformation process. BOX 5: Case Study Wałbrzych
The reconnaissance phase is the first and also In 2004 the city of Walbrzych ratified the „Lo-
the most important step in the transformation cal Revitalization Programme for the period
structure. Strongly urbanised regions are usu- 2004-2006 and beyond“. This programme in-
ally packed with degraded areas. State insti- cludes the microprogramme „KOPALNIA („The
tutions and private investors’ funding do not Mine“), to be carried out in the grounds of the
allow for complex land reclamation and this museum in the Thorez mine, a facility which
is why their appropriate selection is so impor- was shut down in 1996 and is now included on
tant. In the reconnaissance phase the follow- the heritage sites list. This microprogramme
ing should be done: includes actions carried out by various benefi-
• Classification of land suitability. ciaries. The aim is to create (formulate, devel-
• Estimation of the environmental, econo- op and promote) an attractive tourist location
mic, social and technical risks. Opportuni-
65
Chapter 6
based on using former mine facilities for new 4) Development of a cultural and tourism in-
economic and social functions. frastructure - exhibition rooms, concert halls,
The goal of the KOPALNIA microprogramme cinemas, cafes, libraries, restaurants, muse-
is to create employment opportunities in the ums, toilets, parking facilities and souvenir
tourism sector. – This is to be achieved through shops.
the development of construction and renova- 5) Development of the social infrastructure -
tion companies (in order to restore buildings creating spaces for non-governmental organi-
and the equipment of the former mine, as well zations (associations, youth clubs, students
as the grounds of the mine to a good technical clubs) and cultural centers (part of the existing
state), the employment of tour operators and rooms to be adapted for artistic workshops
firms offering guide services and individual and hobby workshops etc.)
guides, building managers, security person- 6) Development of an educational infrastruc-
nel, services such as cleaning, catering, sports ture - rooms for various classes and lectures
companies, publishing companies, souvenir intended for schoolchildren, students and
manufacturers (hand made items etc.), the adults who wish to participate in courses that
development of a hotel for tourists and other will allow them to gain new qualifications and
services - which will contribute to local eco- skills
nomic growth and increase the potential of
the city. Former miners who lost jobs as a con- 7) Adaptation of interiors and creation of a re-
sequence of industrial restructure will have cording room for music and a public library, as
the opportunity to find new employment. well as a public Internet room.
Among the activities included in the micro- 8) Promotion of business tourism - adaptations
programme are: of interiors into conference halls, restaurants,
shopping centers, service centers, toilets and
1) Improvement in the technical condition parking facilities.
and restoration of heritage buildings, devices
and equipment of the mine as part of the Mu-
seum of Industry and Technology Through making the adapted facilities avail-
2) Making the mine accessible to tourists (in able to non-governmental organizations, cul-
particular through removing the flooding tural and artistic institutions it will be possible
of the so-called Fox Adit - Lisia Sztolnia) and to:
creating tourist attractions (tours through 1) Organize various regional holidays and fes-
the mine corridors, rides in coal wagons, dis- tivities to present the work of disappearing
plays of mining devices and miners‘ equip- professions - for example the hard and dan-
ment,) creation of a multimedia environment gerous work of a miner, to promote the idea
(e.g. simulating the sounds of working mining of protecting technical heritage and the de-
equipment, projection rooms for films, mining velopment of industrial tourism.
memorabilia such as documentation of activi-
2) Organize of a permanent exhibition pre-
ties, accounts of rescue actions, biographies of
senting the history of Walbrzych as an indus-
the miners).
trial city (mining, glass and porcelain smelt-
3) Removing all corroding steel items (rails, ing, production of trains and streetcars, the
wagons etc.) from the mine shafts in order to economic zone etc) as well as organisation of
eliminate environmental pollution. After this temporary exhibitions, conferences and semi-
is carried out the mine plumbing system can nars and fairs such as antique markets.
be utilized by the Walbrzych water company.
66
Chapter 7
67
Chapter 7
viability and status of sites. Different types of ing their economic status, can be illustrated
brownfield regeneration projects, represent- by the fig.7.1.
Fig. 7.1: The Economic Components of the A-B-C Model (According to CABERNET 2005)
The CABERNET ABC conceptual model identi- Land Value (AfterLand Value (After Reclamation)
Reclamation)
68
Chapter 7
both public and private bodies can examine needed for regeneration at the local govern-
intervention options and regeneration strate- ment level. Drawing up brownfield policies at
gies. Using this conceptual approach to exam- the national level will not eliminate brown-
ine the factors that affect re-categorisation of field sites without the active involvement of
a site, for example from a B Site to an A site, local governments. Brownfield strategies are
can result in the development of site-specific clearly linked with urban planning and devel-
strategies which can also be useful. A number opment strategies and hence they are the re-
of municipalities are currently using these cat- sponsibility of the local government. Without
egories to review their local brownfield strat- a local component in any brownfield strategy,
egies and to produce informal inventories of national regeneration schemes sometimes
regional brownfield sites¹⁸. focus only the sites themselves, without ex-
amining the wider impact of the intervention
Policy and Regulations regarding the whole surroundings. Urban re-
CABERNET has pointed out that the revitalisa- newal strategies have to be based on reliable
tion of the growing number of brownfields in data and the local government is considered
Europe is an essential part of improving Eu- to be the best level at which to collect these
ropean global competitiveness in a sustain- data.
able way. Specific brownfield dimensions are Brownfield development is relevant to a
needed in emerging EC thematic strategies number of the EU‘s key policy fields, such as:
and other policy initiatives to enhance sus- regional policy, transport, soil protection, eco-
tainability and therefore enhance European nomic development and the environment. In
competitiveness. several of these fields regulation and policy is
Dedicated regeneration Agencies can poten- already fairly mature, in others it is emerging.
tially offer a range of benefits in delivering It is important to set out where the existing
sustainable solutions to the brownfield prob- links have been made and to identify areas for
lem. CABERNET believes it is important to criti- further, or potential, development. It becomes
cally evaluate the role of dedicated agencies clear that Brownfield Redevelopment fits in
to better understand their potential impact. well in several sustainable EU strategies, es-
tablishing policy links and bridging the gaps
Local governments play a key role in urban between the EU and the regional and munici-
regeneration and development. They set the pal level in the member states.
boundaries of development activities by lo-
cal planning regulations, land-use and zon- CABERNET has drawn a number of conclusions
ing plans, thus trying to prevent undesirable concerning the economic aspects of brown-
urban sprawl. They also play an active role in field regeneration. A significant proportion of
promoting urban regeneration by providing brownfield land is not commercially viable in
a policy framework and resources that can the foreseeable future (C sites). Such persist-
bring about the regeneration of urban brown- ently unused brownfields often have adverse
field sites throughout Europe. By accomplish- effects on sustainability including the com-
ing this task local governments need to inter- petitiveness of European regions and cities.
link with neighbouring communities as well CABERNET believes that EU and Member State
as at a regional, national and European level. funding is necessary for and should be used
Brownfield specific strategic approaches are to return non-viable sites to beneficial use
(e.g. permanent or transitional low-intensity
activities). The cost : value gap prevents the
¹⁸ REFERENCE to add development and regeneration of many mar-
69
Chapter 8
¹⁹ (CABE 2004).
²⁰ CABE. 2004. Creating successful masterplans. CABE
²¹ Rogers, Richard (Lord Rogers of Riverside) (1999) & Office of the
Deputy Prime Minister, Towards an Urban Renaissance, ODPM, London
70
Chapter 8
• defines the heights, massing and bulk of even portions of the electromagnetic spec-
buildings. trum. Land is one of the three functions of
• sets out suggested relationships be- production; the others being labour and
tween buildings and public spaces. capital.
• determines the distribution of activities/ 8.2 Who controls what happens to land?
uses that will be allowed. • The concept of land is very closely associ-
• identifies the network of movement pat- ated with the rights of different parties to
terns for people moving by foot, cycle, control what happens to land. In some le-
car or public transport, service and refuse gal domains, land is used as equivalent to
vehicles. real estate – in the sense of buildings, in-
• sets out the basis for provision of other frastructure and services. There is often an
infrastructure elements such as utilities. element of the built, the artificial or that
• relates physical form to the socio-eco- introduced by man.
nomic and cultural contexts and stake-
holder interests.
• allows an understanding of how well a Table 20: Control of land
new, urban neighbourhood is integrated
Owner
with the surrounding urban context and
Former owner
natural environment.
Occupier
8.1 What is land? Regulator (environment, heritage, land use, building deve-
• Land – ground, earth, terrain, terra firma. lopment)
Land extends beyond the surface of the Banks, lenders, insurers
earth. The earth‘s surface, extending down- Mineral rights owner
ward to the center of the earth and upward State
infinitely into space. (www.co.saint-croix. Crown (in UK owns gold)
wi.us/Departments/RegisterOfDeeds/defi- Licensee (groundwater abstraction)
nitions.htm). Neighbours
• Massachusetts (http://www.massrelaw.
org/glossary/r.htm) considers land to be a • Owners are accorded certain privileges
general term which includes the ground over their land.
and those things of a permanent nature • Former owners may constrain the privileg-
such as trees, crops, oil and minerals in the es of future owners through including cov-
ground, unless specifically excepted. enants in the property deeds.
o Land and anything permanently affixed • Occupiers have control over land to the ex-
to the land, such as buildings, fences and tent permitted by the owner of the land. In
those things attached to the buildings, such some cases occupiers without such permis-
as light fixtures, plumbing and heating fix- sion may also acquire privileges.
tures or other such items which would be • Governments and other authorities have set
personal property, although in some states up regulatory bodies to control what hap-
a fine distinction may be made. pens to land, to prevent damage, to protect
o May refer to rights in real property as well valuable features and to remedy or ensure
as the property itself. the remedy of any damage that might be
• Economists define land as comprising all caused. Environmental regulators regulate
naturally occurring resources, such as geo- the impact of land and activities thereon on
graphical locations, mineral deposits, and the environment – air, water, ecosystems
71
Chapter 8
and perhaps human health. Cultural and 8.4 Who influences what happens?
natural heritage may have local, regional, • Chapter deals with the involvement of citi-
national or global significance. Landown- zens in the decision making process. In some
ers have obligations to protect certain her- countries there is a long standing tradition
itage. Land use planning systems control of public consultation and engagement.
what can happen to land. In some domains The effectiveness of such traditions and the
certain activities can take place without re- effectiveness of public participation is not
course to the planning authorities. Building necessarily high. Consultation processes
control regulates how permitted develop- can involve merely going through the mo-
ment is to be carried out. tions to end up at a pre-determined result.
• Banks, lenders, insurers may rely on the va- The ability of individual citizens to see the
lue of land as security against their financial greater good is open to question. Large
support. public engagement processes certainly
• The rights to exploit minerals beneath a site slow down the decision- making process
do not necessarily belong to the land own- but whether they prevent bad decisions or
er. They may belong to the State or certain improve good ones is not proven.
individuals. For example in the UK ores of • Mis-information or deliberate dis-informa-
precious metals belong to the Crown. The tion can have unduly negative impacts. Se-
privilege of abstracting water is usually crecy is also a good way to allow rumours
controlled to prevent adverse impacts on and speculation to spread.
aquifers or surface water bodies. 8.5 What limits are there on what happens
8.3 Who is affected by what happens on to a brownfield site?
land? • Richard Florida would perhaps claim that
• As well as those who can exert control or insufficient creativity and innovation is the
at least influence on land, others may be af- main limit. However this section explores
fected by what happens to land. the constraints on land use options on a
• Neighbours to a site may be positively af- site. Most of these constraints apply to all
fected by regeneration. Visual aesthet- land-use development and not specifically
ics can improve. New jobs can be created. to brownfield sites. In certain cases it could
New facilities may become available. They be argued that the imperative to regener-
can also be negatively impacted by regen- ate brownfields coupled with a desire to
eration – land prices rise so that housing reduce greenfield development and hence
becomes unaffordable. Traffic congestion reduce urban sprawl should result in some
increases. Infrastructure becomes over- of these constraints being relaxed or re-
loaded. The capacity of local services such moved for brownfields. It could also be
as schools and health care are exceeded. argued that some constraints should be
• Society at large is also affected. Public strengthened for greenfield sites.
funds may have been used to support local • Many Laws limit what can be done on a
regeneration. These funds could have been site due to its location, former uses, neigh-
spent – or better invested – elsewhere. bours.
Benefits through increased tax revenue, • The Deeds assigning ownership of the land
reduced crime rates or improved quality of can preclude certain land uses or require
life can ripple out from a large regeneration only certain land uses. Deeds of Residential
project. properties for example often prevent busi-
ness uses.
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Chapter 8
• Occupiers of land will be bound by the Wigan, in northwest England, has several
terms of the contract under which they Sites of Special Scientific Interest (SSSI) that
have occupancy. Leases contain mecha- are flooded subsidence basins caused by
nisms to both limit and extend the liability collapse of bedrock after coal mining.
of the incoming tenant. Pie crust leases for • Landowners owe a Duty of Care to their
example restrict the tenant’s rights and du- neighbours and people on their land. In
ties to structures above a certain horizon the UK this Duty extends to the provision
– be that the base of the foundations or of lateral support to a neighbour’s land and
some arbitrary, very shallow, depth below providing for the safety of anyone entering
the surface. Repair clauses in leases require the land – whether with or without permis-
tenants to make good any damage they sion.
cause. More stringent forms of such clauses • Contracts set out what is expected from
can require repairs of damage discovered each of the parties to the contract. They
during a tenant’s occupancy of a site even limit both the rights and the responsibilities
though they did not cause the damage. of parties. In the UK contractual conditions
Historical contamination could be such a are controlled by law. Certain requirements
form of latent damage that the unsuspect- even if entered into voluntarily would be
ing tenant ends up having to ’repair’. deemed to be illegal and therefore null and
• The Rights of others place constraints. void.
These could include neighbours who have 8.6 Information
a right to limited noise levels, to cross part o The value of real estate is said to be influ-
of a site to access their own land or to see enced by three factors – location, location
the character of an area maintained. and location. While not wishing to contra-
• Spatial land use plans exist at various scales. dict this truism, it could also be said that a
These lay down what types of land use will person or organisation will assess whether
be permitted by regulatory authorities or not they wish to own or occupy the land
in different parts of their area of jurisdic- on the basis of the information made avail-
tion. Landowners – as indeed anyone else able to them about the land.
– usually have the chance to comment and o Information of use to potential investors,
therefore influence such plans before they occupiers or developers includes :
are ’adopted’. Environmental factors such • Current formal and informal land uses.
as flooding or seismicity are often incor- • Former land uses.
porated into such plans. Such factors cer- • Spatial land use plan allocation.
tainly inhibit some forms of land-use while • Available infrastructure, utilities and
prohibiting others. services.
• Cultural and natural heritage can develop • Local real-estate market conditions.
on a brownfield site. The cultural heritage • Environmental context.
may be the derelict buildings themselves • History of regulatory permitting and en-
– the mine shaft, the chimney stack, the forcement actions.
pottery oven. Natural heritage in the form • Records of remedial action taken.
of rare plants, animals or indeed entire hab- o Various national laws and proposed EC
itats may develop as a result of the former initiatives offer potential buyers/occupiers
industrial activity on a site. Balderton Land- the right to certain information about the
fill in Nottinghamshire is home to many real-estate they are considering.
rare orchids because its waste has a high
pH which these sensitive plants thrive on.
73
Chapter 9
74
Chapter 9
twice through a one year period by going and where it is located. Based on the Czech
through the cycle of buying land, building brownfield research consultants’ findings it
and selling the houses twice within a com- appears that presently the majority of brown-
pany reporting year. The same amount of fields are superglues to the local market.
capital can therefore generate twice the • In its attempt to create a single European
profit than if only one cycle had been com- market, the EU uses structural funds to try
pleted. and reduce, if not eliminate, differences be-
9.3 Specific brownfield finance tween regions in Europe. Regions suffering
• In most countries specific brownfield fi- from de-industrialisation or other forms of
nance does not exist – indeed the very economic disadvantage are, for a period of
term brownfield is neither defined nor un- time, eligible for funding to create new in-
derstood. frastructure to kick-start the economy.
• As Europe expands and local economies
9.4 Structural and Cohesion funding improve, regions which were once eligible
Brownfields are inherent part of the urban for such funding may cease to be so. The
agendas of our cities, however the ability of 2004 enlargement for example will result
the new member states to press for urban in many of the new member states becom-
agendas through regionally focused projects ing eligible for such funds while previously
have yet to be proved. This is because Ob- eligible regions in older member states will
jective 1 priorities (most of the CEC area falls lose that entitlement.
under this ) have concentrated on the urban • The EU structural and cohesion funds are
agenda much less than Objective 2. This is the main instruments for supporting so-
why the new member states and their local cial and economic restructuring across the
authorities are so ’new’ to urban programmes EU. They account for more than one third
that may help them address their brownfield of the EU budget. They are used to tackle
issues. regional disparities and support regional
development through actions including:
For the CEC in the current run of structural
funding, priorities for brownfield remediation a. developing infrastructure and telecom-
do exist, but often they are focused mainly on munications,
industrial use or solely on the environmental b. developing human resources and
aspects. However, from the research on type
and location of Czech brownfields it is becom- c. supporting research and development.
ing patently obvious that much wider priori- 9.5 National Programs
ties to support brownfield remediation need • Member states have national funds to
to be set. support national objectives. These could
Setting broad and useful priorities related to include infrastructure development, pro-
brownfield reuse should be a challenge to be vision of social housing and development
achieved in the new wave of the structural of health or education facilities. Brown-
funding through the individual Operational fields in urban areas can offer a degree of
Programmes. However, to be able to set cor- flexibility in urban land management that
rect priorities supporting brownfield reuse on can make them attractive to such national
national or regional levels, the decision mak- funds.
ers have to have at least a sample indication • State or former state enterprises can leave
what type of problems they have, (profile of the public purse with considerable long
the problems may vary from region to region) term liabilities. National funds are then al-
75
Chapter 10
located to manage those liabilities. The 10. Legal and liability aspects of
Coalfield Regeneration programme of the brownfield regeneration (author of
English Partnerships stems from the liabili-
the chapter Dr. Paul Nathanail)
ties of the former nationalised coal industry
in the UK. 10.1 Aim
9.6 Other international and national fund- The aim of this chapter to develop an aware-
ing sources and grants ness of the sources of liability for engineers in
brownfield regeneration. These include crimi-
Competition among local authorities for re-
nal activity, breach of contract, professional
sources to fix their brownfields - private and
negligence and third party liability.
public - would be fierce, not only for program
funding to rehabilitate sites, but mainly for A fundamental principle of business is that
the investments and activities that must in- you should not expect to get what you have
habit these sites if the market is to take them not paid for. Work carried out by an engineer,
up. Only the agile and brownfield-informed as for anyone else, needs to be profitable if
regions and local authorities will then be he is to continue in business and the financial
rewarded by being able to access various in- return and risk exposure must be acceptable
ternational grant and aid packages or fund- for any project. Remember however, that the
ing from EU sources, especially Cohesion and Courts are likely to be unimpressed by an argu-
Structural funds and also to explore various ment that the client ought to expect less than
local grants and funding possibilities. a reasonably professional service because he
knew that he was paying less than the mar-
9.7 Necessity of combining various sources
ket average for the work. Standards must be
of finance
maintained. If a particular task, including re-
• Often different types of funding are avail-
porting, cannot be professionally and profit-
able for specific purposes only. Private sec-
ably carried out at the fee the client is willing
tor funds are usually only available where
to pay, the engineer should decline the work.
likely returns on investment can be evalu-
ated. Hybrid project financing is almost 10.2 Criminal liability
certain to be needed. Criminal liability arises from an act or omission
• Owners may need to invest some of their that results in criminal offence – the law has
own funds up-front to develop information been broken and you can be prosecuted in
allowing third parties to decide if and how a court of law. Examples relevant to the site
much they want to invest or lend to the engineer include breaching health and safety
proposed regeneration project. Even for legislation where someone you are responsi-
public sector funding, considerable time ble for may be injured or killed. For project or
and effort is needed to provide the required contract managers, financial fraud can result
information to qualify for public funds. both in employers taking disciplinary action
and in prosecution where large sums are in-
volved.
10.3 Contractual liability
A contract is no more than a promise or a col-
lection of promises enforceable by the courts.
Where a promise has not been kept the inno-
cent party is entitled to claim damages from
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Chapter 10
the party who has broken the promise. The 10.4 Professional Negligence
measure of damages is the sum of money Engineers should recognise that they have
required to put the innocent party into the legal and professional responsibilities to use
position he would have been had the breach reasonable skill, care and diligence, either as
not occurred. Some breaches are regarded as employees or as employers of appropriately
being so serious that as well as entitling the qualified and suitably experienced staff (AGS
innocent party to damages they also entitle Loss Prevention Alert: Contractual Risk Man-
him to treat the contract as no longer being agement).
binding. The courts may also make an award
of specific performance, which is an order that Any professional owes a duty of care to his cli-
the party in breach do what he has agreed to ent and the public at large. Failure to act in a
do (AGS Loss Prevention Alert: Contractual manner compatible with that of a competent
Risk Management, www.ags.org.uk). engineer constitutes professional negligence.
Case law will dictate what constitutes negli-
Effective project risk management requires gence in each country.
that the risks be identified and allocated to
the person or organisation best suited to ac- 10.5 Third party liability
cept and manage that risk. Often this will be Third parties may, in certain circumstances,
based on economics. The client may pay more benefit under contracts to which they are
to one of its advisors to take on board a par- not a party. The third party is able to enforce
ticular risk, or the client may decide to take on a contract term if the contract expressly gives
the risk himself. It is unfortunately common him the right to do so, or if the contract pur-
for the parties to a contract to use the contract ports to confer a benefit on the third party.
to try and pass as much risk as they can to the Contracts should be checked thoroughly for
other party. A more enlightened course would third party rights. It is possible to expressly
be a collaborative approach to risk reduction exclude or modify third party rights by the in-
for the project as a whole. clusion of an appropriate contract clause and
Contractual liability results from an act or it is recommended that where possible this be
omission that breaks or contradicts a clause done. Such a clause is “notwithstanding any
in the contract the engineer is working un- other provisions of the contract, nothing in
der. Contracts frequently specify what must this contract confers or purports to confer any
be achieved and by when. Some contracts right to enforce any of its terms on any person
include financial penalties for late delivery who is not a party to it”. There may be specific
which can be very painful. national legislation given third parties rights
– e.g. the UK The Contract (Rights of Third Par-
Although not every error constitutes negli- ties) Act 1999.
gence, claims can arise in the following set of
circumstances: 10.6 Protecting your own interests
• there is an error in the engineer’s report or Make sure your client can pay. While negotiat-
construction. ing the contract the engineer should attempt
• that error amounts to negligence. to determine the financial stability of any new
• a person relies on the error and suffers loss or current client. Does the client usually pay
as a result of the negligence. on time? Sometimes it is better to walk away
• the person committing the error ought fair- from a client who always queries an invoice to
ly and reasonably to have anticipated that delay payment, or at least the engineer should
the person relying on the report would so add something to account for servicing the
rely on it. debt.
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Chapter 10
Make sure your contract is valid. Most contracts advantageous; do not say a policy is disastrous
will be with artificial entities, such as partner- when what is meant is that it is undesirable.
ships, companies and local authorities or other Avoid wishful statements. For example do not
public bodies. Such artificial entities can only say a given option is the only one where really
negotiate via their directors, officers or em- you mean it is the best one. Do not make more
ployees who have authority to negotiate on out of limited information from exploratory
behalf of the entity and to bind it to a contrac- work than can be justified. Avoid making care-
tual relationship. The question arises, how an less statements, in other words make sure what
engineer can be sure that the person he/she is is written is what is meant. Consider whether a
dealing with has authority to enter into a con- word or phase can have another meaning just
tract of the type envisaged. The problems that as reasonable as the one intended.
arise can be serious. The engineer might be- 10.8 Calculation Errors
lieve that a valid contract has been executed
when in fact that is not the case. Although the Calculations are used in many aspects of an
engineer might have a claim against the ap- engineer’s work, and any errors can have a sig-
parent agent on the basis that he/she wrongly nificant effect on the information, recommen-
put themselves forward as having the author- dations and designs presented in a Design Re-
ity to enter into the contract, the agent (often port. If not formally laid out calculations can
being a salaried employee) will have insuffi- be difficult to check. The use of computers,
cient assets to meet any significant claim. either with proprietary software packages or
with internally developed spreadsheet pro-
It must be borne in mind that similar problems grams, has increased the risk of calculations
arise with respect to variations of contract. In containing errors that go uncorrected. Some
strict terms, variations involve the creation of types of errors are listed below.
new contracts for which all the ingredients of • Misunderstanding data format (e.g. levels
contracts are necessary such as offer, accept- presented in Chart Datum being assumed
ance, consideration and, when dealing with to be Ordnance Datum).
an artificial entity, the existence of someone • Basic arithmetic errors (e.g. 2 + 2 = 5).
who has authority to bind that artificial entity • Confusion with units, especially if convert-
to the agreed variation. ing between different systems of units, and
10.7 Accurate Use of Words and Terms when inputting data into a computer pro-
It is important to be accurate in the use of terms gram.
or individual words throughout any contract • Incorrect material properties, arising from
or report. Some words have an industry defi- calculation errors in the laboratory or errors
nition, such as ‘clay’, and so should not be used in the analysis of the available results.
except as defined. Similarly ‘with some sand’ • Incorrect basis for the calculations. For ex-
means a specified percentage of sand, and so ample assuming a slope failure to be a slip
should only be used as such. Ensure that the circle when the failure mechanism is con-
report uses the correct words with the correct trolled by pre-existing shear surfaces.
meaning and in the correct way. Appropriate quality assurance measures
Do not make more of the available data than should be introduced to check and approve
can be wholly substantiated. For example calculations. Arithmetic and sense checks
avoid overstatement. Do not say something should be undertaken by appropriately expe-
is ‘very big’ when ‘big’ will suffice; do not say rienced staff on all calculations that may affect
something is essential when in fact it is merely what is written in a report. In some cases du-
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Chapter 10
plicate calculations by another team or organ- Any proposed cap should be drawn to the
isation may be justified. attention of the other party to the contract.
10.9 The role of financial caps Preferably it should be discussed and specifi-
cally agreed. If this is done it is much more dif-
Construction Industry Council. 2004. Liabil- ficult for the other party to successfully chal-
ity Briefing, February 2004. Managing liability lenge the cap in court. Where repeat work is
through financial caps. www.cic.org.uk. undertaken for the same client any cap should
A financial cap on liability in a contract (for ex- negotiated and agreed for each commission.
ample a consultant’s appointment) operates Records of the discussion as well as any cor-
to limit the damages payable by the consult- respondence should be retained, particularly
ant to the client under the appointment to the where the other party is not legally represent-
agreed amount. Under UK Law, liability cannot ed. It is helpful to include a note of how the
be excluded or restricted in relation to dam- cap was calculated.
ages for death or personal injury. Parties to a There is no simple answer or formula on how
contract can however agree to limit any other to calculate a reasonable cap. It is sometimes
liability that they may incur to each other, e.g. suggested that a multiple of the fee is appro-
for breach of contract or negligence. This can priate. However, each project has to be looked
be done in a variety of ways. One method is to at on its own merits. A number of factors
agree a financial cap, beyond which the con- should be taken into account, for example:
sultant will not be liable. Recovery from a lim- • the likely nature and extent of the risks of
ited company or limited liability partnership the project, having regard to its size, com-
(LLP) is limited to its insurance cover and the plexity etc.
assets of the company or LLP; even in the case • an assessment of the damages that would
of an individual or partnership, recovery is in be payable in the event of a claim of negli-
practice similarly limited – no individual or gence (e.g. the cost of repeating the work/
partner has unlimited funds. A cap therefore construction costs).
gives clients as well as consultants a degree of • the resources that the consultant could be
certainty they would not otherwise have. expected to have available to meet any li-
The scope of the cap depends on the terms of ability.
the contract and usually follows one of these • any previous dealings between the parties.
options: • the amount and cover available to the con-
• The cap might apply to each and every sultant under his PI policy.
claim so that each claim could be to the full In summary:
value of the limit.
• The cap may be applied on an aggregated This chapter has focused on the various forms
basis. Here claims would be ‘grouped’ ac- of legal liability an engineer may encounter in
cording to the particular event that caused his professional duties. These may be summa-
the loss/damage. rised as:
• It might apply as a total limit in which case, • Know what you are supposed to do
regardless of how many claims arose from • Ensure you can do it
the event that caused the loss/damage, the • Ensure you are prepared to do it
consultant’s liability would not exceed the • Sign the contract
figure stated. This option offers the greatest • Do what you are supposed to do
certainty in relation to potential exposure. • Prove that you did what you were supposed
to do
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Chapter 10
The other authority is the Environmental Agen- The ’polluter pays’ principle is applied. Pollut-
cy established under DEFRA (Department for ers must decontaminate the sites (before 1997
Environment, Food and Rural Affairs), which is only if proven) to levels based on proposed
also responsible for special sites of significant site use and exposure conditions (different
risk and should issue regulations preventing levels of pollutants require different regula-
further pollution. tory response).
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Chapter 11
81
Chapter 11
in the unemployment rate of the particular 11.1.1 How to make vacant properties contri-
urban quarter – including the surrounding bute to their environment
neighbourhood. Such a negative image is an Because of the rapid changes in the economy
obvious hindrance to the development of and in any short-term demand for buildings
the brownfield site itself as well as that of the and sites there are many vacant sites in urban
neighbourhood. areas which provide a derelict image and low-
The perceptions of outsiders are just as im- er the profile of the area. The challenge is to
portant as those held by the inhabitants. It is a ensure that vacant areas and buildings do not
goal of the project team to cultivate a positive have a negative impact on their surroundings
image of the regenerated area among those where blight brought by boarded-up proper-
who will be living and working on the land, so ties could add to a spiral of environmental and
that they can develop a sense of neighbour- social decay. State and local authority property
hood and community. As a general rule, a owners and developers should facilitate tem-
negative image coincides with a bad appear- porary solutions for large empty sites, unoc-
ance, decaying buildings and social stigma . A cupied buildings and vacant shops in parades
bad image of the neighbourhood can lead to or town centres where there is no immediate
a dip in investors’ confidence. An obvious part prospect of redevelopment.
of the problem is the opposition to redevelop- Key proposals include:
ment, for example the anxiety of change. • Encouraging temporary use of properties
There are numerous instruments available to or land awaiting redevelopment
deal with these problems: the first measure • Enhancement of the appearance of aban-
consists of analysing the existing image of the doned sites and buildings
land and creating a development concept for Finding a temporary use for a vacant site or
the urban quarter. The efficient implementa- building can improve its appearance, and can
tion of measures for the land is important, reduce crime and vandalism in the surround-
even if these only exist initially for the setting ing areas by providing activity and surveil-
up of information panels. lance.
Key public investments, e.g. through the Euro-
pean Regional Development Fund, could sup-
port the change of image.
Interim and soft-end uses of the brownfield,
such as green areas, can also be helpful to
begin changing the image of the site and its
neighbourhood.
All parties involved with the development of
the site have to establish trust in the redevel-
opment process through residents and the
local economy. Presentations (i.e., LA 21) and
the introduction of an independent interme-
diary expert can help here. Fig 11.1: Kammgarnspinnerei in Leipzig
82
Chapter 11
83
Chapter 11
• Family- and child-friendly environment cases, new transport infrastructures are con-
(e.g. small streets, land use that causes only sidered mainly for motorised means of trans-
little traffic, traffic calming measures, social port as they are regarded as important eco-
infrastructure, playgrounds, green areas) nomic location factors. In fact, the economic
• Increase of property values success of regenerated brownfield sites often
• Security, reduced crime (e.g. street lighting, depends essentially on the interest of inves-
anti-social behaviour orders, avoiding dark tors in the accessibility of the sites for local, re-
spaces) gional and national motorised transportation
• Identity (e.g. preserving and reusing his- systems (distance to highways and motorways,
torical buildings, use of local languages/re- to airports, etc.), for the supply and distribu-
ligion) tion of goods as well as for the accessibility for
• Increased number of inhabitants (as a customers and staff. But to provide accessibil-
synergy effect for neighbouring uses like ity in a sustainable way, the site should be ad-
commercial or industrial areas, housing de- equately accessible for all population groups
mand) and all means of transport according to the
In terms of possible adverse impacts the fol- specific local conditions.
lowing should be considered: Accessibility is mainly a social objective as it
• Noise / vibration encourages not only the main mobile part of
• Traffic the population but particularly disabled per-
• Services supply interruption (water supply, sons to make use of the site. The objective has
electricity...) also economic benefits. Opening the site for
• Dust all population groups improves the chances
• Fumes (health issue) to market the site and creates synergies be-
• Potential contamination/ transportation of tween different uses by attracting as many
contaminants potential consumers as possible. Finally, there
• Smell can be great benefits for the environment. A
• Aesthetics/perceived visual pollution sustainable reorientation of transport is need-
• Damage to the natural environment ed to lower the trend of the one-sided situa-
• Blighting effect (i.e. perception of devalu- tion of car mobility and to increase an eco-
ation of buildings due to new infrastruc- logical means of transport. Accessibility in this
tures) context can support this general objective.
• Decrease in property values As inner-urban brownfield sites were often
• Increase of rents / social displacement ‘forbidden land’ and not accessible to the pub-
• New competitors for existing companies lic, they have been perceived, for a long time,
11.3 Accessibility as barriers between urban districts. This situa-
A main aim is to develop brownfields so that tion of separated districts poses obstacles for
they are in physical harmony with their imme- the accessibility of destinations in the neigh-
diate surroundings. This includes the creation bourhood as well as the urban design and the
of connections, the breaking down of exist- whole townscape. To solve these problems
ing barriers and the space-time integrated de- and to overcome these limits connecting sur-
velopment for various modes of transport. rounding districts of former brownfield sites
becomes an important sustainability objec-
Numerous industrial brownfield sites are situ- tive for land-use and urban design. The former
ated in basically advantageous locations in in- brownfield sites should be integrated as links
ner urban city districts. Nevertheless, in many and corridors, in order to connect the districts
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Chapter 11
and to make the site accessible to the public. future households. The financial and main-
To meet the demand for these connections, a tenance difficulties of mixed tenure build-
thorough analysis of possible destinations and ings can be overcome by early planning
sources in the surrounding areas is needed. and common management structures.
11.3.1 How to create sustainable new commu- Public open space should be an integral part
nities? of the landscape structures of the new neigh-
New neighbourhoods should be planned and bourhood, and could include areas of ecologi-
built on brownfield sites. The challenge is to cal importance (existing or created), green cor-
create neighbourhoods that will encourage ridors and waterways, street planting, parks,
the development of strong and diverse com- allotments, playing fields and landscaped or
munities and that will establish a positive re- paved urban squares. Public open space will
lationship with existing areas, which are often have a significant role in the life of the neigh-
in need of improvement. bourhood if:
• Open spaces are parts of networks, rather
The master plans for new residential devel- than isolated landscape features. Spaces
opments can influence the development of for recreation should be linked with con-
a strong local identity and provide a public tinuous pedestrian and cycle facilities and
realm that encourages social life and responds landscaped corridors provided to support
to the needs and requirements of local peo- wildlife.
ple. • The layout of the development is planned
The key principles for fostering thriving new so that the main frontages are directed
communities are: onto the open space creating activity and
• New neighbourhoods have a local centre increasing security and amenity. Areas at
within walking distance. risk of crime, such as car parks, should not
• There is variety of uses and users. be located near public parks without ad-
• The street layout encourages walking and equate security provision.
cycling. • The spaces and neighbouring buildings
• A variety of open space is integrated into provide activities for people at different
the life of the neighbourhood. times of the day such as play areas, cafes,
• Services and infrastructure are sustainable pubs, shops and civic buildings. Some
and allow for growth. spaces could be multi-purpose and could
be used by schools and community groups
Sustainable neighbourhoods should not only
at certain times of the day.
have an active mixed-use centre, but should
• The main landscape areas are located along
also attract a variety of people, with different
key pedestrian and cycle routes, rather than
family structures and living requirements:
cut off from daily pedestrian traffic.
• Home/work accommodation should be
• Existing features like the riverfront, canals,
available in the denser parts of the site and
interesting buildings, views and the prox-
close to public transport.
imity to public transport are exploited for
• A variety of building types, sizes and den-
the location of open space.
sities should be offered, with denser areas
• Microclimatic conditions (sunlight and
close to the centres and to public transport.
wind) are favourable for the proposed use
Not more than 50% of the dwellings should
of the landscape.
be of the same type.
• In any area, tenure should be mixed to
reflect the diverse needs of existing and
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meaning and purpose for these once signifi- 12. Brownfield redevelopment and
cant places. However, it has also made new citizen participation (author of the
and meaningful connections for the people
chapter Dr. Uwe Ferber)
who live and work nearby.
Rather than looking back and being reminded
of the problems that led to the decline of local Learning outcome – “awareness level”
industry and local neighbourhoods, people After reading this chapter you will be aware of
are rediscovering a fierce pride in their area the following:
and celebrating the distinctiveness of its past o The role and importance of citizen partici-
and present. The older generation may re- pation in brownfield regeneration.
member those original industries and the part o The best practice examples.
they played in them. Young people are discov- o How to organise citizen participation and
ering the history of their area for the first time, stakeholder involvement.
getting involved in decisions that affect their
future and gaining a new respect for the place Citizen participation in decision making is not
where they live. only a democratic value in itself, moreover it
can contribute to the quality and success of
brownfieldregenerationprojectsbothinterms
Questions to facilitate further learning that will of short-term project goals and long term sus-
help you to reach the learning level of “under- tainability of projects. For a number of reasons
standing” it has a particular relevance and importance
• What are the main social and cultural issues for brownfield regeneration projects:
connected to brownfield redevelopment? • Major industrial restructuring frequently
• What are the possible benefits and syner- leads not only to abandoned and damaged
gies for the neighbourhood generated by a land, but also to abandoned and damaged
brownfield regeneration projects? communities. The processes of finding a
• What are the possible options and factors of new future and a new identity, for both the
successful brownfield regeneration projects? site and for local people, must go hand in
hand if regeneration is to be meaningful
and truly sustainable.
• Brownfields are frequently located in inner
city areas or in urban areas where people
live. The impact of brownfield redevelop-
ment can greatly affect those who live or
work nearby. These people are therefore
key stakeholders and should be engaged
in developing regeneration strategies.
• The views of local communities can have a
strong impact on the development process
in terms of possible opposition, contribut-
ing local perspectives to regeneration solu-
tions and of finding a ‘win-win’ solution.
• Brownfields are commonly associated with
issues of contamination (real or perceived)
and the associated risk to public health
Therefore local people will have a particular
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interest in the proper management of this The Aarhus Convention provides the frame-
risk. work for good practice by providing the basic
• Brownfield regeneration presents a major procedure for public participation and speci-
opportunity for contributing to the im- fying the types of decisions to which it should
perative of sustainable development. One apply. Public participation in making deci-
of the central tenets of sustainable devel- sions is vital. It brings benefits to making in-
opment is putting local people at the heart dividual decisions and also, more generally, for
of decision-making. Recent reviews of suc- democracy itself. It uses the knowledge, skills
cessful projects have shown that brown- and enthusiasm of the public to help make the
field regeneration that fails to adequately decision and recognises that the public has a
engage with local people is not sustain- significant role to play.
able brownfield regeneration and carries a The objective of the Aarhus Convention is to
much greater risk of failure²⁴. support the responsibility and transparency
Principal documents for citizen participation of decision-making processes at all levels as
are: well as to strengthen public participation in
Aarhus Convention - UN/ECE Convention on environmental and social decision-making.
Access to Information, Public Participation in There are three pillars to support public par-
Decision-Making and Access to Justice in En- ticipation and transparent decision-making:
vironmental Matters – signed on 25 June 1998 • The access and right of the public to obtain
by Ministers from 35 European countries and information on the environment.
European Union in the town of Aarhus, Den- • The right to participate in decisions that af-
mark. The European Convention on Human fect the environment.
Rights is now known as the Aarhus Conven- • The right to justice in environmental mat-
tion. ters.
EC Directive 35/2003 of 26 May 2003 provid- Principles of citizen participation in decision
ing for public participation in respect to the making according to key documents – Aarhus
drawing-up of certain plans and programmes Convention and the EC Directive 35/2003:
relating to the environment was adopted in OPENNESS – presented as the ability of insti-
order to contribute to the implementation of tutions to communicate their decisions in an
the obligations arising under the Aarhus Con- accessible and understandable language.
vention, in particular by providing for public
participation in respect to the drawing-up PARTICIPATION – which should stretch over
of certain plans and programmes relating to the whole policy chain from conception to
the environment, addressed to the Member implementation and is considered a way to
States. secure confidence.
ACCOUNTABILITY – with the emphasis on a
clear definition of roles and the taking of re-
sponsibility.
²⁴ Office of Deputy Prime Minister, BURA, London (2002): Learning
from Experience. The BURA Guide to Achieving Effective and Lasting MINIMUM STANDARDS – though not legally-
Regeneration. binding, move one step further in the direc-
Mainstreaming sustainable regeneration – a call to action. UK tion of structuring a hands-on approach to
Sustainable Development Commission. December 2003. managing consultation:
www.sd-commission.gov.uk
CLEAR CONTENT – all communications should
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be clear and concise, and should include all • To empower citizens, especially those rep-
necessary information to facilitate responses. resenting non-organised interests.
TARGET GROUPS – relevant parties should • To delegate responsibility to lower decision
have an opportunity to express their opini- levels and to stimulate a sense of owner-
ons. ship.
89
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90
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91
DEAKIN, M., MITCHELL, G. AND LOMBARDI, P. project EuropeAid/113183/D/SV/CZ, Strategy,
(2002): “Urban Sustainability Assessment: a table 6.3 and 6.5
preliminary appraisal of current techniques.” PARSONS BRINCKERHOFF (2004): “Czech
IN: Urbanistica Vol. 118: 50–54. Brownfield Regeneration Strategy.” CSF, PHARE
EU (2001) SEA Directive 2001/42/EC. project EuropeAid/113183/D/SV/CZ, table 6.3
FRELUND A. (1991): “Swedish Planning in Time and 6.5
of Transition The Swedish Society for Town POBORSKI P. (2004): “Project management
and Country Planning.” Gavle. and risk management for brownfield revitali-
GASIDŁO K. (1998): “Transformation Problems zation process.” Proceedings Lepob Seminar
of postindustrial areas.” SUT Gliwice. 17.12.2004.
HEMPHILL, L., MCGREAL, S. AND BERRY, J. Quality of life capital approach: http://www.
(2002): “An aggregated weighting system for qualityoflifecapital.org.uk/pdfs/report_6_
evaluating sustainable urban regeneration.” substitution.pdf
Journal of Property Research Vol. 19, No. 4. RATCLIFFE, J., AND STUBBS, M., (1996): “Urban
JACKSON, J. AND GARB, Y. ITDP (2003): “Facili- Planning and Real Estate Development.” IN:
tating brownfield redevelopment in Central “UCL Press”, London.
Europe: overview and proposals” RESCUE (Regeneration of European Sites in
JACKSON, J. GARB, Y. (2002–2004): various Cities and Urban Environments) (2004–I):
brownfields papers “Guidance on Sustainable Land Use and Urban
Design on Brownfield Sites. (Work Package 4,
KESSIDES (2000) Deliverable 4.1)” – www.rescue–europe.com
LICHFIELD PLANNING, Planning for Develop- RESCUE (Regeneration of European Sites in
ment: http://lichfieldplanning.co.uk Cities and Urban Environments) (2004–II):
LUDA D4, D7, D9 Improving the quality of life “Methodological Guide. Best Practices for Citi-
in large urban distressed areas, Contract Nr. zen Participation in Brownfield Regeneration.
EVK4 – CT 2002 – 00081 41 (Work Package 5, Deliverable 5.1)” – www.res-
cue–europe.com
NIJKAMP, P. AND DELFT, A. (1977): “Multi–cri-
teria analysis and regional decision–making.” ROGERS, RICHARD (LORD ROGERS OF RIVER-
Martinus Nijhoff Social Sciences Division, Lei- SIDE) & OFFICE OF THE DEPUTY PRIME MINIS-
den. TER (1999): “Towards an Urban Renaissance.”
ODPM, London
NIJKAMP, P., RIETVELD, P. AND VOOGD, H.
(1990): “Multicriteria Analysis for Physical Plan- THAMES GATEWAY LONDON (2001): “Heroic
ning”. Change: Securing Environmental Quality in
Thames Gateway.” London.
PAHLEN, GERNOT AND ROGGE, PETER (2005):
“Sustainable land use and urban design on UNITED NATIONS /ECONOMIC COMMISSION
brownfield sites – a key factor fur spatial and OF EUROPE (1998): “Convention on access to
economic development especially in old in- information, public participation in decision
dustrial regions.” Zeitschrift für Wirtschaftsge- making and access to justice in environmental
ographie 1/2005. matters.” Aarhus.
PARSONS BRINCKERHOFF (2004): “Czech UNITED STATES AND GERMAN BILATERAL
Brownfield Regeneration Strategy.” CSF, PHARE WORKING GROUP ON REDEVELOPMENT OF
POTENTIALLY CONTAMINATED SITES (2004):
92
“Site–specific Management Approaches and List of Figures
Redevelopment Tools. “www.bilateral–wg.org
Fig 3.1., 3.2 Ancillary buildings and sidings
URBAN TASK FORCE (1999): “Towards an Ur- of steelwork plant in Krakow Photos: archive
ban Renaissance.” DETR, London. IURS, author Y. G. Garb
VROM, RIVM (2003), updated Fig. 3.3 Cabernet bath tap picture
WCISŁO E. (1998): “Health risk valuation in the Fig. 3.4, 3.5, 3.6 An example of regeneration
process of brownfield cleaning.” Proceedings
Fig 3.7 Schematic plan analyzing brownfields
Forum: Risk Abatement Center For Central and
in Říčany, Czech Republic. Such a map is a
Eastern Europe, Katowice.
part of brownfields inventorization metodol-
WCISŁO E. (1998): “Health risk valuation in the ogy developed in the Czech republic for com-
process of brownfield cleaning.” Proceedings munity us. See also www.brownfieldsinfo.cz.
Forum: Risk Abatement Center For Central and Source: Ing Arch Bařinka, DHV CR, spol s.r.o²⁵
Eastern Europe, Katowice.
Fig. 3.8, 3.9, 3.10 An example of various
stakeholders activities, that took place over
a number of years on the site of Vaňkovka
factory site in Brno, now redeveloped into a
shopping mall. Photos: Ing. arch E Staňková,
Vaňkovka NGO
Fig. 3.11, 3.12, 3.13, 3.14, 3.15, 3.16 Photos and
illustrations: Where not stated otherwise Ing
arch E Staňková, Vaňkovka NGO
Fig. 3.17 Percentage of urban land devoted
to current or past industrial uses – the spatial
legacy of these circumstances is apparent in
the industrial footprint in post-socialist cities
today :
Fig. 3.18 Densities in built up areas as a func-
tion of distance from city centre: the density
“hump” typical of CEEC cities²⁶
Fig. 3.19 Proximity of housing and a brown-
field in Štenberk. Photo D. Sedllák
Fig. 6.1 Division of the area into plots at the
site of the Technical Park Kraków-Wschód con-
struction
Fig. 6.2 Processing plant and monumental
tower of the Julia shaft in Wałbrzych (Poland)
converted into museum of technology
²⁵ Kessides (2000)
²⁶ Brzeski, J.(2001): „Guidelines for Developing Local Land Manage-
ment Strategy,“ Krakow Real Estate Research Institute
93
Fig. 6.3 Examples of historical information Table 16: An increase in recorded cases in
used during Grańsk Harbour reconstruction; Dutch contaminated land inventories
aerial map from II World War(a) and preserved Table 17: Types of environmental investiga-
plans dated 1929(b) tions
Fig. 6.4 : Process scheme of solutions to envi- Table 18: The major risks for various stake-
ronmental risk caused by polluted areas holders
Fig. 7.1: The Economic Components of the A- Table 19: Possible methods of brownfield risk
B-C Model (According to CABERNET 2005) mitigation
Fig 7.2: The A-B-C Model (According to CABER- Table 20: Control of land
NET 2005)
Fig 11.1: Kammgarnspinnerei in Leipzig
List of Boxes
Fig.11.2, 11.3: “Reserve-sites” in Chemnitz.
BOX 1: Brownfields and their historical back-
Case example for green space creation
ground
BOX 2: Examples of national legislation
List of Tables “visualizing”brownfields in cadastral registers
Table 1: Brownfield type by previous use and other solutions
Table 2: Brownfield type by likelihood of re- BOX 3: The Czech example of assessing brown-
use field numbers.
Table 3: Stakeholders BOX 4: Losing site integrity
Table 4: The Brownfield Regeneration Process BOX 5: Case Study Wałbrzych
Table 5: An example of such registers and their BOX 6: On Environmental liability in Europe
uses and the US
Table 6: Main Steps of the brownfield redevel- BOX 7: How to organize a stakeholder plat-
opment process form
Table 7: Economic criteria
Table 8: Ecological criteria
Table 9: Social criteria
Table 10: Urban fabric criteria
Table 11: Minimum and maximum figures for
some Czech region
Table 12: Brownfield sites in the Ústí and
Labem region, by category, size and total area
Table 13: Distribution of Brownfield Sites in
Ústí by Size and Former Use
Table 14: Site investigation
Table 15: Possibility of Industrial Structures
Transformation
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