It is over 10 years ago (1999) since the Urban Task Force led by Lord Rogers published their report Towards an Urban Renaissance, championing a holistic approach to urban regeneration, part of which recommended the introduction of a standardised documentation describing the condition of brownfield sites as part of any transaction process.

Following consultation across a broad range of organisations, property developers and government, the Land Condition Record (LCR) was launched, supported by a quality assurance sign off system by an accredited professional. Thus the Specialist in Land Condition (SiLC) registration scheme was introduced. This is a register for experienced practitioners from a diverse range of professional bodies working in the brownfield regeneration sector. For more information on the LCR and SiLC scheme, see SiLC website.

The SiLC scheme coincided with the introduction of Part 2A of the Environmental Protection Act 1990, the key legislation regarding the UK’s approach to dealing with the historical legacy of contaminated land (see Practice note, Contaminated land regime: summary).

The following decade saw a period of rapid expansion in brownfield regeneration, along with a number of changes during this period, such as the wider acceptance of risk-based models for setting the criteria that underpin decisions on suitable land use, and a notable shift to more sustainable remedial solutions, primarily brought about by changes in regulations for the disposal of waste materials and the end of the landfill tax exemption.

The current economic slowdown has certainly presented further challenges in the sector, as has the greater degree of scrutiny placed on remediation schemes by regulators in the wake of recent legal cases involving the remediation of contaminated land.

The first of these cases gained national media coverage following a judgement that Corby Borough Council had become the first local authority to be found liable for negligence in the control and management of remediation works that were carried out in the 1980s and 1990s (see Legal update, High Court rules on Corby birth defects contaminated land case). The Council, whilst not accepting any liability, dropped its challenge to the verdict, and following mediation in April 2010, agreed to pay compensation to the families of 19 victims (see Legal update, Corby Borough Council will pay £14.6m in compensation and costs in birth defects contaminated land case). Following this decision, the Corby Council Chief Executive said, "the council recognises that it made mistakes in its clean-up".

The other case relates to the decision of the Secretary of State to uphold a Part 2A remediation notice, associated with bromate contamination that was impacting a chalk aquifer, which was served on Redland Minerals (the former owner of a chemical works) and the house builder Crest Nicholson (which in the 1980s purchased and developed the land for residential use). The grounds for appeal against the judgement were rejected in February 2010 and these two organisations are now facing significant clean up costs (see Legal update, High Court upholds Secretary of State's decision on Sandridge contaminated land case: transcript published).

The ramifications of both these cases and the ever increasing need to consider broader requirements in dealing with contaminated land (legislation, risk assessment, waste regime, sustainable solutions, etc) highlights the need for, and importance of, using experienced professionals (whether within public or private sector organisations) who have demonstrable expertise and who can offer authoritative advice to help deliver safe and robust remedial strategies, and communicate the potential risks involved.

The SiLC registration scheme brings together professionals from a broad background to advise on land condition matters. A registered SiLC demonstrates a high degree of experience, competence and skill amongst the profession.

For example, the use of a registered SiLC is already cited in planning guidance (such as Planning Policy Statement 23 (see National Planning Policy Framework (NPPF): interaction between planning and environmental regimes: Repealed planning guidance)) and a requirement for specific areas of project work for some government agencies. It is also increasingly being requested as a prerequisite for undertaking site assessments for some commercial organisations and financial institutions.

However, whilst there is an established and mature site assessment and remediation market in the UK, unlike in a number of other countries, there is no mandatory registration scheme for skilled professionals who design, manage and verify the process of bringing contaminated land back into productive use.

The SiLC registration scheme is aimed at addressing these concerns at a senior level, but in order to provide further support in the sector, the SiLC governing body (with support from the Homes and Communities Agency) has produced a Land Condition Skills Development Framework (LCSDF). The intention of the LCSDF is to assess an individual's capability and the ability of organisations to assess the progression of their staff through a series of levels. It is anticipated that those organisations adopting the Framework will be able to benchmark existing staff, set out career development plans, identify skills deficits and ensure team resilience, leading to improved business planning.

Registration as a SiLC involves a written assessment and interview by members of the SiLC assessor panel. If accepted on to the register, a SiLC is required to improve competence continually and uphold the reputation of the SiLC scheme. Failure to abide by the SiLC Code of Practice could result in the individual in question being struck off the register.

One of the longer term visions of the SiLC governing body is to gain wider recognition for the use of registered SiLCs for auditable "sign off" processes in a range of potential applications. For example, the production of a soil status report for land transactions where polluting activities may have taken place has been referred to in the proposed EU Soil Framework Directive (COM(2006) 232 final) (see Practice note, EU Soil Framework Directive). Importantly, the draft Directive also raises the question of who may be capable of providing such reports and clearly there is synergy between the proposals in the draft Directive and the existing LCR and SiLC registration scheme in the UK. Although negotiations on the draft Directive have stalled, the proposal has not yet been withdrawn and it is possible discussions may restart (see EUGRIS: Continuing interest in a Soil Framework Directive by the European Commission and EUGRIS: Question mark over further progress with the Soil Framework Directive following an EC High Level Conference).

However, this does not necessarily mean that an individual SiLC is expected to be a technical expert in all disciplines associated with contaminated land assessment. Rather, the SiLC's role is to ensure that relevant quality controls are put in place and that only competent practitioners who have the appropriate skills and experience are involved in undertaking specific assessments and tasks. Such responsibility would of course be accompanied by an auditable process, accountable to the regulatory authorities and supported by a complaints and disciplinary process administered by the SiLC governing body. The importance of the SiLC scheme and the credibility to deliver such "sign off" products comes through the strong ethical code of conduct by which all SiLCs must abide.

The SiLC scheme continues to be developed by those working in the sector, but perhaps there should also be responsibility for those commissioning assessments to be more demanding with regard to the professional status of their advisors. After all, we expect those working in a range of other professions (such as solicitors, engineers and surveyors) to be registered with approved schemes, and for individuals to be licensed to operate. There is a role for many professionals working in the brownfield and regeneration sector to ensure higher quality standards are delivered and this can be achieved by actively supporting the SiLC scheme.

Kevin Eaton is a Principal at ENVIRON, operating in the UK Site Solution Practice Area.

He has 19 years of experience working in this sector, assessing and characterising contaminated land and groundwater pollution, and implementing remedial solutions. In 2009, he was appointed as the first SiLC Champion, responsible for promoting the scheme and raising its profile amongst professionals involved in the assessment of land condition and brownfield regeneration.