HL Deb 04 February 2005 vol 669 cc67-8WA
Baroness Hanham

asked Her Majesty's Government:

What impact the European Court of Justice ruling that many contaminated brownfield sites need to be classified as "landfill" will have on their plans for urban development and regeneration, particularly in areas such as the Thames Gateway. [HL889]

The Minister of State, Office of the Deputy Prime Minister (Lord Rooker)

It is still too early to assess what the likely impact of the European Court of Justice ruling will have on the redevelopment of brownfield land. The Office of the Deputy Prime Minister is continuing to work closely with the Department for Environment, Food and Rural Affairs and other colleagues within the Government, and with industry to ensure that all policies affecting the redevelopment of brownfield land, including within the Thames Gateway, do not create unintended obstacles to regeneration.

Baroness Hanham

asked Her Majesty's Government:

Whether they have any plans to appeal against the European Court of Justice ruling that brownfield sites should be reclassified as "landfill". [HL890]

The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Whitty)

Judgments by the European Court of Justice (ECJ) are binding on member states and their "competent authorities" and there is no right of appeal.

The ECJ's judgment in Case C- l/03 was that: Hydrocarbons which are unintentionally spilled and cause soil and groundwater contamination are waste within the meaning of Article 1(a) of the Waste Framework Directive. The same is true for soil contaminated by hydrocarbons, even if it has not been excavated.

The judgment did not rule that brownfield sites should be reclassified as "landfill". The department is assessing the implications of the Court's judgment, including the regulatory controls it requires for land affected by contamination and the remediation of such land. On conclusion of this assessment, we intend to publish a Statement of the department's views on the judgment's implications. I am not yet in a position to confirm when this will be but I recognise the need for our competent authorities and industry to be informed as soon as possible of our conclusions.