Regeneration of brownfield land: the environmental law challenges

Abstract

Purpose - The aim of the project was to investigate environmental law issues surrounding the regeneration of brownfield land. Methodology – Following a literature review, an inductive approach and an interpretivist epistemology with a phenomenological focus were chosen. A constructionist ontological stance was adopted. A qualitative paradigm was selected to explore the issues in a focus group comprising industry, legal expert and academic contributors. Findings - A critique of the literature on relevant environmental law issues including contaminated land, waste management, water pollution, environmental impact assessment issues and finally the political agenda. Contaminated land, waste management, regulators and legislation were discussed in the focus group. The participants contributed their experiences and proposed several changes to environmental law. However, water pollution and environmental impact assessments were not considered by the contributors. Implications - Developers face many environmental law challenges when endeavouring to progress housing on brownfield sites including contaminated land, funding, waste treatment permits, water pollution and environmental impact assessments. The benefits of the remediation of brownfield sites for housing seem to be a political priority, but reform of challenging environmental law issues less so. Understandably, the legal complexities of Brexit will take precedence. Value - The literature review identified the need to research the experience of brownfield environmental law challenges and recommended changes to environmental law from industry, legal experts and academia.