This paper has been drawn up by the Royal Institution of Chartered Surveyors in response to the request for submissions to the investigation into the Environment Agency by the House of Commons Environment, Transport and the Regions Select Committee.

  Some members of the profession work within the Environment Agency, and many others frequently enter into discussion and negotiation with the Agency. For example the majority of the UK's rural land is managed by chartered surveyors and profession is also very much involved in handling the risks associated with the treatment of contaminated land. The RICS works closely with the Environment Agency (EA), on a range of issues. We are for example currently cosponsoring research with the Agency into developing a methodology to compare the environmental, social and economic impact of development proposals.

KEY RECOMMENDATIONS

—  There is a great inconsistency between the performance of the various Environment Agency offices and officials. The EA needs to promote best practice to ensure a higher, more consistent, service.

—  The policies of the different sections of the Environment Agency often conflict with each other. We welcome the current review of policy, which we understand started in the summer, but are disappointed that it was so long in coming.

—  The EA needs to recognise its important role in promoting an Urban Renaissance and review its practices and policies accordingly.

—  The EA often acts as though it were a series of disparate bodies. We support the Urban Task Force's call for a "One-Stop-Shop" within the Agency.

—  The EA needs to take a proactive lead in developing the framework to promote the speedy remediation of contaminated land. We have the technologies to treat contaminated sites, delay and blight is caused by uncertainty in the regulatory framework.

VARIABLE PERFORMANCE

  RICS members report very different levels of performance between the different offices and officials within the Agency. Some EA offices have an excellent record on delivering a quick and efficient service, outperforming other bodies such as the Highways Agency. However the response times to property enquiries are not consistent or prompt enough from the majority of regions.

  The EA needs to develop a best practice programme, so the worst offices, and officials, can start to learn from the best.

INCONSISTENT POLICIES

  There is great inconsistency between the policies pursued by the Agency and contradictory messages are often sent out. For example the flood protection section of the Agency may demand that trees are not planted next to rivers, while the wildlife section may be promoting the planting of trees in exactly the same site. We understand from correspondence that the Agency has only this summer started reviewing its policies to ensure they are consistent. We welcome this step, but are disappointed it was so long in coming.

  Of particular concern is the Agency's inconsistent approach to the treatment of contaminated land, discussed below.

URBAN RENAISSANCE

  Land reclamation and regeneration is something of a poor cousin within the EA and more resources should be devoted to this important area. This is essential in order to establish a level regulatory playing field within which all the broad aims of an urban renaissance can be achieved. This will mean ensuring a greater commitment of resources to areas such as planning and the remediation of contaminated land.

ONE STOP SHOP

  The Agency still appears to act like a series of disparate bodies. The one-stop-shop proposals as outlined in the Urban Task Force recommendations are very welcome and should be progressed as quickly as possible. We support the recommendation that there needs to be a one-stop-shop service for regulatory and licensing requirements, moving quickly to a position where a single regeneration licence is available, covering all the regulatory requirements for cleaning up a site.

TREATMENT OF CONTAMINATED LAND

  The links between waste management and the treatment of contaminated land are still not fully joined up, with the two sections within the EA seeming to operate unilaterally. Soil and other material may have to be removed, as waste, from a site before brownfield development can take place. There needs to be a greater recognition of this by those dealing with waste in the EA, as delays and costs are currently hampering brownfield development. The matter of waste management licences continues to hold up land transactions and development.

  We support the Urban Task Force recommendation that the EA, with Local Government and the DETR, should act together to resolve conflicts and inconsistencies between the different environmental regulation systems. It may require legalisation to ensure that those wishing to decontaminate land are faced with a single set of standards.

CERTIFICATION OF REMEDIATED SITES

  Certification of remediated sites by the EA or some element of sign-off is still a principal requirement of most developers. Uncertainty about liability from contamination is a major cause of blight. The RICS is part of a working group, leading on from the Urban Task Force, set up to develop greater consistency in the management of risk towards contaminated and decontaminated land. A clear certification will enable the insurance market to assess risk more consistently and will be a major aid in attracting private finance to remediated sites.

  The RICS has developed a Land Quality Statement for use primarily by the profession, in both commercial and residential property. It is an important tool in ensuring technical information is provided in a format that can be used by the market, e.g. insurers and investors. Chartered Surveyors play an important role in translating the technical information into a format that can be interpreted by the "risk" takers, e.g. regeneration agencies, private sector developers and investors.

  The EA needs to play a central role in developing universally accepted standards. Once remediation is undertaken to an accepted level, and a statement is given, the landowner should therefore be confident that the EA and other regulators are unlikely to ask for further work.

PLANNING

  The Environment Agency plays a vital role as a statutory consultee in the planning process. In certain cases, however, the EA only takes an active role towards the end of the planning process, when many of the discussions with the other stakeholders have already taken place. This can seriously delay the development process, placing extra costs on local planning authorities and the developer.

  There also needs to be a clear protocol on how the EA's policies relate to the development plan review. The release of land for development will impact on many of the policies of the EA, for example flood plain designation and water extraction. The EA needs to have its policies in place to be able to direct the development plan.

INCONSISTENCY IN PLANNING POLICY

  There has been a lack of consistency between the regions on the role of the EA in planning. Individual regional offices of the Environment Agency have acted, unilaterally, to impose major new planning conditions, with no public consultation. We raised our concerns directly with the relevant DETR minister who acted to reverse the order imposed by the regional EA office. The EA as a non-elected body must act within the framework provided by government and changes to planning policy must be the subject of public consultation.

  The RICS has concerns that regional EA offices may again, unilaterally, introduce planning measures which they themselves have stated "may appear onerous and time consuming". The EA must act to ensure that safeguards are put in palce to ensure that a national framework is adhered to by its regional offices.

CONSULTANT ROLE

  Landowners, both in the urban and rural context, and farmers are wary of inviting EA officers on to their land as they are concerned that they will be faced with fines and orders. As well as "enforcers", the EA has to be seen as a consultant that can be invited in to give proactive advice to help develop more environmentally conscious processes and developments.

REGIONAL BODIES

  There should be consistency between the boundaries of regional bodies. Currently, for example, the boundaries of the Regional Development Agency, Environment Agency and the Regional Planning body in the Eastern Region do not coincide.

October 1999