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Review of Sustainable Brownfield Revitalisation Approaches.pdf

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Torfaen County Borough Council<br />

A <strong>Review</strong> <strong>of</strong> <strong>Sustainable</strong> <strong>Brownfield</strong> <strong>Revitalisation</strong> <strong>Approaches</strong><br />

• The National Environmental Policy Plan 3,<br />

• The plan ’Space for the regions’; and<br />

• The ‘Second Transport structure plan',<br />

5.2.4 These plans are at the national level. They provide the basis for further plans<br />

at the provincial and municipal level and give rise to subsidies and a number <strong>of</strong><br />

financial schemes. More information is given in a document prepared by the<br />

Dutch ministry for an OECD study on policies for urban <strong>Brownfield</strong> sites.<br />

5.3 Legal Framework<br />

5.3.1 The principal Dutch legal regulations are:<br />

• The Urban and Rural Regeneration Act 1985;<br />

• The Soil Protection Act 1987 extended with a soil clean up paragraph in<br />

1994;<br />

• The Law on Housing;<br />

• The Spatial Planning Act and<br />

• The Environmental Protection Act.<br />

5.3.2 The Netherlands formally launched its urban approach with the Urban and<br />

Rural Regeneration Act in 1985. The policy, which originated mainly from the<br />

housing and economic departments, was aimed at urban renewal. The aim<br />

was to bring about the physical improvement <strong>of</strong> the built environment.<br />

Formally its purpose was to eliminate the quality deficits <strong>of</strong> the residential,<br />

working, production and living environments in area built before 1970. 1970.<br />

During the 1990’s this policy was widened into one <strong>of</strong> urban regeneration.<br />

5.3.3 The 1987 Soil Protection Act (SPA) lays down the statutory requirements for<br />

the clean-up <strong>of</strong> contaminated land. This Act established and defined a duty <strong>of</strong><br />

care for the soil, imposing a statutory clean-up requirement for contamination<br />

resulting from certain industrial activities. The party responsible for causing the<br />

contamination is liable for the costs <strong>of</strong> clean-up, in accordance with the polluter<br />

pays principle. In 1994 further regulations were drawn up for cases <strong>of</strong><br />

contaminated soil. The regulations make a clear distinction between cases<br />

where remediation is conducted by the party concerned, and where the<br />

authorities have the responsibility.<br />

5.3.4 The Dutch central government reviewed its soil contamination policy (the<br />

“BEVER” project) in 1997/1998 with the aim to revise it to be integrated,<br />

decentralised and <strong>of</strong>fer a larger role to the private sector. This change <strong>of</strong><br />

policy is intended to increase both the social and environmental benefits, the<br />

intention being that the future remediation <strong>of</strong> contaminated land will be adapted<br />

to the future land-use. This will allow a more environmentally sound clean-upprocess,<br />

while minimising the costs. In addition, the government intends to<br />

take financial, legal and fiscal measures to make it more attractive for the<br />

private sector to invest in the remediation <strong>of</strong> contaminated land.<br />

5.3.5 Specific initiatives include the Belstato urban renewal fund (approximately 363<br />

million Euro per year available over the period 1990-2005); the Intrafunds <strong>of</strong><br />

the Ministry <strong>of</strong> Transport, Public Works and Water Management, and the<br />

VINEX covenants (approximately 408 million Euro budgeted for 1995-2005 for<br />

contaminated land). In total a sum <strong>of</strong> 34 million Euro was available over the<br />

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