Organization: Environmental Property Lawyer
Date: 4th January 1999
Dear Dr Nemeth
Whilst we do not have any form of centralised registers of contaminated land sites in Scotland, we do have an annual Vacant and Derelict Land Survey In Scotland. The Survey for 1998 will not be published for some months yet.
The survey does not list contaminated land sites as such, but only those which are vacant and derelict. That said, the Survey states that the contamination status of 50% of the vacant and derelict land in Scotland is simply not know.
Roughly speaking,there are about 13,000 hectares of vacant and derelict land in Scotland - enough to house 300,000+ people!
Land Use Planning policy is now changing to re-direct development, especially of residential housing, towards brownfield sites so the issue of the location, extent, nature and concentration of contaminants will only become of greater importance.
I do not wish to split hairs with the comments of Dr Hackenbush in his reply to your requests - but the UK's first attempt to establish a register under Section 143 of the Environmental Protection Act 1990 was not to establish a register of potentially contaminated sites, but of sites which had previously been used for potentially contaminative uses.
The problem this generated, as Dr Hackenbush identified, was that it would be perceived as likely to lead to planning blight and depression of values.
The reason was simply that once land was included on the register, because a previous use was potentially contaminative, then it could never be removed, simply as the register related to past uses and not to remediation measures taken to put it back into productive and economic use.
It is anticipated that the Statutory Guidance on contaminated land will come into force in June/July 1999.
cheers
Alasdair