LE 01 Site selection

(all buildings)

Number of credits available	Minimum standards
3	No

Aim

To encourage the use of previously occupied or contaminated land and avoid land which has not been previously disturbed.

Assessment criteria

This issue is split into two parts:

Previously occupied land (2 credits)
Contaminated land (1 credit)

The following is required to demonstrate compliance:

Up to two credits - Previously occupied land

A percentage of the proposed development’s footprint is on an area of land which has previously been occupied by industrial, commercial or domestic buildings or fixed surface infrastructure.

Table 50Percentage of proposed development's footprint on previously developed land

Percentage of the proposed development's footprint on previously developed land	Credits
75%	1
95%	2

One credit - Contaminated land

The site is deemed to be significantly contaminated, i.e. could not be developed or built to the proposed end use without remediation. This can either be confirmed by a contaminated-land professional or identified using Checklist A7.

The more onerous of these criteria have been adopted:

3.a

Nationally recognised guidance for site investigation, risk assessment and appraisal of contaminated land as set out in the regulations or a nationally recognised code of practice OR

3.b

A robust site investigation, risk assessment and appraisal have been undertaken, in accordance with the requirements of Checklist A7 (as a minimum).

The client or principal contractor confirms that remediation of the site will be carried out in accordance with the recommended remediation strategy and its implementation plan (defined in Checklist A7) as set out by the contaminated-land professional and any relevant national or other legislation.

Checklists and tables

None.

Compliance notes

Ref	Terms	Description
Shell and core (non-residential and residential institutions only)
CN1	Applicable assessment criteria	Both options: All criteria relevant to the building type and function apply. Refer to Appendix D – Shell and core project assessments for a more detailed description of the shell and core assessment options.
Residential - Partially fitted and fully fitted
CN2	Applicable assessment criteria - Single and multiple dwellings	Both options: All criteria relevant to the building type and function apply. Refer to Appendix E – Applicability of BREEAM New Construction to single and multiple dwellings, partially and fully fitted for a more detailed description of residential assessment options.
General
CN3	Temporary works. See criterion 1	Undeveloped areas of the site to be used for temporary works (e.g. temporary offices or parking, material or machinery storage) must be considered as development on undeveloped land and therefore included in the calculations unless they have been defined as 'land of low ecological value' in accordance with BREEAM issue LE 02 Ecological value of site and protection of ecological features.
CN3.1	Infill development. See criterion 1	New buildings developed within the boundary of existing sites do not automatically comply with the reuse of land criteria. The land on which at least 75% or 95% of the new building will be sited must meet the definition of previously developed.
CN3.2	Prior decontamination. See criteria 2 and 3	The credit for use of contaminated land can only be awarded where remediation has taken place to enable development of the site for the assessed building, or a larger phased development that includes the assessed building. The credit is not achievable for instances where historical remediation and development of the site has occurred outside the scope of the current development proposals.
CN3.3	Large sites split into smaller plots. See criteria 2 and 3	Where contamination of a large site has been remediated and has then been packaged up into smaller plots of land for individual buildings (possibly as part of a phased development strategy), the credit can be awarded regardless of the plot location of the assessed building within the wider development plan. This is on the condition that the site could not have been developed without remediation work taking place.
CN3.4	Health and safety related decontamination. See criteria 2 and 3	Contaminated land that has been decontaminated solely for health and safety reasons (rather than for the specific purpose of redevelopment) does not comply.
CN3.5	Asbestos. See criteria 2 and 3	Where the only remediation required is the removal of asbestos within an existing building fabric, the site cannot be classified as contaminated land. However, where asbestos is found to be present in the ground this will be classed as contamination for the purposes of assessing this issue.
CN3.6	Checklist A7	Checklist A7 indicates the likelihood of significant contamination problems on a site for the purposes of a BREEAM assessment. It also sets out the scope of any preliminary investigation, site investigation and remedial strategy. It does not seek to evaluate types, levels or risks of contamination present on the site.
Building specific
CN4	Education (schools only). Playing fields. See criterion 1	Development of a playing field within the construction zone can be counted as development on previously occupied land only if an equivalent area of playing field is reinstated within one year of the completed construction works; and where such reinstatement will not encroach on land of high ecological value as defined in BREEAM issue LE 02 Ecological value of site and protection of ecological features

Methodology

None.

Evidence

criteria	Interim design stage	Final post-construction stage
1	Design drawings (including existing site plan), report or site photographs.	BREEAM Assessor’s site inspection report and photographic evidence or as-built drawings. Where alteration has occurred, the percentage must be recalculated using as-built plans.
2–4	A completed copy of the relevant sections of Checklist A7. Existing site plans showing contaminated areas to be remediated in relation to any proposed development. A copy of the contaminated-land professional's report. A letter from the principal contractor or remediation contractor confirming: The remediation strategy for the site Summary details of the implementation plan. If a contractor has not yet been appointed, a letter from the client or their representative confirming that the appointed contractor will undertake necessary remediation works to mitigate the risks identified in the report.	As design stage with information for the as-built situation.

criteria

Interim design stage

Final post-construction stage

Design drawings (including existing site plan), report or site photographs.

BREEAM Assessor’s site inspection report and photographic evidence or as-built drawings. Where alteration has occurred, the percentage must be recalculated using as-built plans.

2–4

A completed copy of the relevant sections of Checklist A7.

Existing site plans showing contaminated areas

to be remediated in relation to any proposed development.

A copy of the contaminated-land professional's report.

A letter from the principal contractor or remediation contractor confirming:

The remediation strategy for the site
Summary details of the implementation plan.

If a contractor has not yet been appointed, a letter from the client or their representative confirming that the appointed contractor will undertake necessary remediation works to mitigate the risks identified in the report.

As design stage with information for the as-built situation.

Additional information

Relevant definitions

Construction zone

For the purpose of this BREEAM issue the construction zone is defined as any land on the site which is being developed (and therefore disturbed) for buildings, hardstanding, soft landscape, site access plus a 3m wide zone measured outward from the boundary. It also includes any areas used for temporary site storage and buildings. If it is not known exactly where buildings, hardstanding, site access and temporary storage will be located it must be assumed that the construction zone is the entire site.

Contaminated land or site

Land that could not be legally or safely developed or built on to the proposed end use without the remediation of contamination. Contamination is defined as any substance or agent in, or on the ground within the construction zone, which presents an unacceptable risk to human health, property or the environment. For the purposes of BREEAM, substances or agents that could present unacceptable contamination risks are defined as those that act as a barrier to the development of land, which could include certain plant species such as, but not limited to, Japanese knotweed and giant hogweed.

Contaminated-land professional

An individual that holds a degree or equivalent qualification in chemistry, environmental science or management, earth sciences, civil engineering or a related subject, and has a minimum of three years relevant experience (within the last five years) in site investigation, risk assessment and appraisal. Such experience must clearly demonstrate a practical knowledge of site investigation methodologies and understanding of remediation techniques and national legislation on the subject; as well as acting in an advisory capacity to provide recommendations for remediation.

Previously occupied land

For the purposes of this issue, BREEAM defines previously occupied land as that which is or was occupied by a permanent structure, including any associated fixed surface infrastructure (the definition is based on the National Planning Policy Framework definition of previously developed land). The definition excludes:

Land that is or has been occupied by agricultural or forestry buildings
Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures
Land in built-up areas such as parks, recreation grounds and allotments which, although they may feature paths, pavilions and other buildings, have not been previously occupied
Land that was previously occupied but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings).

Proposed development

Any development (building, hard landscaping, car park and access roads) that falls within the boundary of the assessed site.

Remediation

Activity undertaken to prevent, minimise, remedy or mitigate the risk caused by contaminated land to human health or the environment.

Other information

None.