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The definition of waste: developing greenfield and brownfield sites

Find out what our position is.

We have changed how we handle certain aspects of the land development and remediation sector. If you want to know more then you should refer to the Contaminated Land: Applications in real environments (CL:AIRE) document - Definition of Waste: Development Industry Code of Practice (the Code of Practice) and our position statement:

We want to encourage the remediation of brownfield land and the use of Cluster Projects, and reduce the amount of material that is sent for disposal. Equally we have to ensure the necessary measures are in place to ensure the environment and health is protected.

With our position statement we are setting out how we will regard, as a regulator, the CL:AIRE Code of Practice (CoP). Essentially our position means that operators working to the CoP can, under certain circumstances, make the decision that materials arising on site need not be considered waste.


These circumstances include reusing materials on the same site and transferring clean naturally occurring materials for direct use (without the need for treatment) at another site. Also it means that, when the CoP is followed, waste treated at an authorised hub site within a Cluster Project can cease to be waste.

There are limitations and the CoP and our Position must be read carefully before making any operational decision. However, we believe these measures should help speed up decision-making by the sector whilst retaining an appropriate level of protection to the environment and health.

It is our intention to audit this approach to ensure it is working. Our position does not cover brownfield materials leaving a site for direct use elsewhere. Such materials are easier to lose track of and we believe there is greater scope for abuse and a higher risk to the environment or health.