A Stakeholder’s Perspective on Contaminated Land Management - Dealing with Contaminated Sites: From Theory Towards Practical Application - page 1068

property use. Future land uses may not be in line with these remediation objec-
tives, while land use change often is beyond the control of the initial property
owner. With the question of successors in title this control becomes even more
difficult to exert.

• Certification - In all EU countries ultimate liability rests with the polluter

(the polluter pays principle) and even in cases where remediation has been
accomplished the potential is always there for recurrence of liabilities.

• Financial security - The question which mechanisms are present, or could be

developed, to safeguard current owners when sites are inappropriately developed,
or successive owners default on obligations and require additional remediation
activities.

• Development incentives - Currently the only incentive in many cases is the inher-

ent land value, although remediation costs often mean that the land value of many
Brownfields will be negative. The question is which incentives can be introduced
to make redevelopment more attractive.

With greater regulatory interest and demand for Brownfield development in some
countries, land owners are facing increasing pressure to surrender sites for develop-
ment. In case of inappropriate development, the negative aspects of developments
at the site are frequently attributed to the land owner. Therefore, it is not surprising
that many owners do not proactively pursue development of their land. This situa-
tion can best be illustrated by an examination of the risks pertaining to the potential
negative aspects of incorrect development.
At the beginning of 2008, NICOLE created a Brownfield Working Group, whose
main objective is to develop an approach to support the transfer of contaminated
sites. The purpose of the group is to stimulate responsible corporate land owners to
divest land with confidence and the certainty of a proper transfer of liability. This
would be approached through evaluating current transaction processes, in order to
identify those areas that may give rise to concern.

24.9 Redeveloping Contaminated Industrial Sites:
A UK Developers Perspective

As the birthplace of the industrial revolution, the UK can claim a legacy of contami-
nated industrial sites second to none. Over the last 25 years, a combination of factors
has resulted in a progressive approach to the redevelopment of these sites, perhaps
unmatched elsewhere in the world. The UK approach has been driven by green-
belt and urban planning policies, high population density, high housing demand,
environmental regulation, tax incentives, public reluctance to new development (as
opposed to redevelopment) in their neighbourhood, British pragmatism and even a
touch of foresight. After risk based site remediation has been completed to make
sites safe, homes, shops, offices and factories are now routinely built on sites that
were previously chemical works, gas works, oil depots, and manufacturing sites.