The Scottish Government is encouraging developments on former industrial sites. These sites are often called brownfield sites.

What we do

Part of our role is to make sure these kinds of developments are done properly. We do this through the planning process by giving general information and advice.

What developers need to do

Anyone involved in developing former industrial land needs to consider contamination issues very carefully.

Our role in the Development Process

We advise Fife Council’s Development Management Services on land contamination matters in planning issues. They still take the lead in all planning issues.

For example, we may review reports that accompany a planning application. But all information that accompanies planning applications must first be sent to them, not to us.

What advice we can, and can’t give

We can provide general information and advice, for example, to developers.

Contamination issues can be complex and could have a major impact on your development. So please get in touch with us as early as possible if you have any queries.

But please bear in mind that we can’t act as consultants, for example by interpreting facts or advice.

We have published an advice booklet for developing brownfield sites in Fife which may prove useful for developers and their consultants when submitting reports to accompany a planning application. This advice booklet includes:

• the minimum information we'll accept for contaminated land reports submitted in support of a planning application
• what's required for reports at each stage of the contaminated land investigation process
• a checklist you can download to use in your reports

The developer's responsibility

If you’re a developer seeking to redevelop a site that may have been affected by contamination, you’re responsible for making sure it’s suitable for the proposed use.

Planning Advice Note (PAN) 33 sets out this responsibility. It states:

“Where planning consent is granted for a site on which the presence of contamination is known or suspected, an advisory note may be attached to the planning permission informing the applicant(s) that the responsibility for the safe development of the site rests with the developer.

“It may also warn the applicant that the planning authority has determined the application on the basis of the information available to it, but this does not mean that the land is free from contamination.”

How to show you’ve taken contamination into account

You should be able to show that you have considered potential contamination as a factor affecting your development by carrying out appropriate site investigations.

If you don’t follow the recommended procedures

Failing to complete appropriate investigations and carry out remediation work properly can have serious consequences. You run the risk of:

• harming people’s health
• damaging the environment
• cause land blight
• not being able to sell properties
• being investigated under contaminated land regulations

Site Investigations

You need to consider land contamination early on in the development process - well before work begins on site.

This is because your investigations may dictate certain design features, delay works or add to your costs. For example, you may need to:

• upgrade water supply pipes
• install gas and vapour protection measures
• upgrade concrete used for foundations
• remove contaminated material from the site and bring in new material, for example, soil

To save time and money these investigations are sometimes carried out in conjunction with a geotechnical investigation.

Who should carry out contaminated land investigations?

We recommend you employ an environmental consultant, although we can't recommend individuals or companies.

If you have to carry out intrusive investigations, you'll also need the services of a drilling contractor and analytical laboratory.

Finding a suitably qualified environmental consultant

You need to be satisfied that your consultant is suitably qualified to carry out the various investigations you may require. You can do this by:

• checking our booklet 'Advice for developing brownfield sites in Fife' for the minimum requirements we need from investigation reports - and asking your consultant about the content of their reports
• asking to see the types of reports your consultant produces

You can find listings for environmental consultants in local trade directories.

What investigations developers need to consider

We advise you to investigate potentially contaminated land in up to four phases:

1. Desk study: Assess the risk of contamination based on what you propose to develop the site for and on all the current, historic and environmental information that’s available about the site. If there’s a possibility of an unacceptable risk you need to implement phase 2.

2. Intrusive investigation: This typically involves trial pits and boreholes to collect samples for analysis and monitoring groundwater and ground gases and vapours over a period of time. The results of these will help you update the risk assessment. If they identify unacceptable risks, you should provide options to remediate the site.

3. Remediation works: You should produce a remediation strategy, detailing the works or measures you propose to remove the risks to the development. You must agree on this strategy with us before you begin remediation work.

4. Verification: When remediation works are complete you must submit a verification Report to us, confirming that the site is now suitable for its new use. The Council will only discharge planning conditions covering contaminated land after we’ve received and accepted the report.

Solicitors representing prospective property buyers often request copies of the Verification Report as proof that contaminated land issues have been sorted out.

Not every site will need all phases of investigation. But it’s important that every phase you do is appropriate to the use you propose for the site.

Sampling strategies and assessment criteria may depend on how sensitive the new use is. For example, a housing development is a more sensitive use than a retail development.

All investigations and risk assessments that you do must comply with the appropriate technical guidance.

Further information for developers

There is a range of information and guidance available for developers.

Fife Council Guidance

Our advice booklet for developers and their consultants, ‘Developing brownfield sites in Fife’, includes:

• the minimum information we’ll accept for contaminated land reports submitted in support of a planning application
• what’s required for reports at each stage of the contaminated land investigation process
• a checklist you can download to use in your reports

If you submit a report that doesn’t meet the minimum requirements listed in the leaflet we’ll return the report, asking for more information.

Guidance on developing brownfield sites

The following highlights important guidance documents, but isn’t exhaustive:

• Scottish Executive - Planning Advice Note 33: Development of Contaminated Land (PAN 33)
• British Standards Institute -  BS10175: Investigation of potentially contaminated sites – Code of practice
• Department of the Environment, Food and Rural Affairs (DEFRA) - Industry Profiles (various titles)
• DEFRA Soil Guideline Values
• Environment Agency and NHBC - Guidance for the Safe Development of Housing on Land Affected by Contamination 2008 (R&D 66)

Due to copyright we can’t provide you with copies to download.

Guidance is regularly updated and replaced, so please make sure you always use the most up-to-date information available.

General Information

You may also find these organisations helpful:

• British Standards Institution (BSI)
  Building Research Establishment (BRE)
• Chartered Institute of Environmental Health (CIEH)
• DEFRA
• Scottish environment Protection Agency (SEPA)
• The Environment Agency (EA)
• Water Regulations Advisory Scheme

They produce documents on subjects such as:

• chemical testing for contaminants
• concrete: choosing the appropriate concrete for site conditions
• cover systems, such as barriers and caps
• gas and vapour monitoring, including appropriate installations and monitoring frequency
• risk assessments
• sampling techniques
• water pipes: choosing the right materials for site conditions