New Construction / NOR / 2016 /
08 - Land Use and Ecology
Information correct as of 18thSeptember 2021. Please see kb.breeam.com for the latest compliance information.
Aircraft safety – developments in the proximity of airports - KBCN0912
Where it can be demonstrated that an assessed development, within or adjacent to an airport or similar, must restrict the ecological value of the site for reasons of aircraft safety (mitigating the risk of bird-strikes to meet local or national regulations), the approach for some issues in the Land Use and Ecology category can be adjusted. If in these circumstances, the client wishes to enhance ecological value on an external site, outside of the main development site, this can be considered in the following way for each issue:
Site selection: The development site only must be assessed.
Ecological value of site and protection of ecological features: The development site only must be assessed, but the recommendations may be tailored to suit the requirements of the relevant legislation.
Enhancing site ecology: The development site and the external site must be included in the SQE’s report and recommendations, albeit that, for the development site, the approach may to be to restrict biodiversity. Enhancements implemented in-line with the recommendations of the SQE are likely to apply to the external site.
Long term impact on biodiversity: Both sites must be considered in the SQE’s report to meet the prerequisite/first credit as applicable, albeit that, for the development site, the approach may to be to restrict biodiversity. Further credits in relation to improving and maintaining the site’s long-term biodiversity can be awarded on the basis of adopting these for the external site only, in line with the guidance.
Contaminated Land- Presence of radon gas - KBCN0155
Naturally occurring radon is not considered as contamination in relation to BREEAM. However, where radioactive substances have been introduced as a consequence of human activities, that land would then be considered to be ‘contaminated with radioactivity’ and remediation of such contamination would fall under the scope of the relevant BREEAM issue.
Ecological enhancements – large mixed use/multi-building developments - KBCN0588
At the Post Construction stage of assessment, for large mixed use/multi-building developments, where the whole site has not been completed and ecological enhancements have not yet been added, or where features are being added at a later date in an appropriate planting season: evidence from the client or principal contractor confirming planting will be completed within 18 months from completion of the development is acceptable.
Ecological value – timing of planting - KBCN0479
Where the 18 month deadline for the completion of the planting is likely to be exceeded due to the timing or phasing of the construction, the project team will need to clearly justify the reason for this variation, and provide a written commitment to carry out the planting within a reasonable and justifiable timescale.
Land reclaimed from the sea - KBCN0558
Land reclaimed from the sea cannot be considered as previously developed land.
It has not been occupied by a permanent structure and any associated fixed surface infrastructure (please refer to the Additional information section).
Late appointment of the Suitably Qualified Ecologist - KBCN0603
If the Suitably Qualified Ecologist (SQE) is appointed after the commencement of activities on-site and if the other requirements of this issue are met, then credits can still be awarded, provided that:
- the SQE confirms that all relevant UK and EU legislation relating to the protection and enhancement of ecology has been complied with during the design and construction process
- the SQE confirms that their late appointment has not compromised the adoption of any measures to improve the assessed site's long term biodiversity.
13th Jul 21 Correction - applied to UK NC2018 LE05
Late confirmation of site boundary - KBCN0307
The ecologist must be appointed and engaged early on (equivalent RIBA Stage 1) so that they are able to inform the design brief. For projects where the site boundary is only confirmed at the next design stage (equivalent RIBA Stage 2), it would be acceptable to delay the full ecology survey until this time. In these circumstances, the ecologist's input at design brief may be based on a desk study or initial viewing of the site and its potential boundaries.
The aim of early engagement with an ecologist is to facilitate and maximise potential ecological enhancement, exact boundary definition does not negate this.
Measures for protecting features of ecological value - KBCN0583
Where the actions outlined in CN 'Protecting features of ecological value' are deemed not appropriate for a particular site, by a suitably qualified ecologist (SQE), it would be acceptable for alternative means of protection to be used where recommended by an SQE. Where alternative approaches are being used, the assessor must ensure that adequate evidence is collated to demonstrate the ecologists recommendations have been implemented, this should include clear photographic evidence of the solution implemented.
This is to ensure that professional expertise is applied to appropriately address specific scenarios.
Off-site ecological enhancement - KBCN0651
BREEAM does not recognise enhancements which are not within the boundary of the site being assessed, as the aims of the land use and ecology section relate to the ecological value and biodiversity of the specific site under assessment.
However, off-site ecological enhancement can be accepted where:
- It is within the wider site, surrounding or adjoining the development.
- The land is currently under the ownership of the developer and intended to remain so (i.e. there are no immediate plans to sell);
- The Suitably Qualified Ecologist (SQE) confirms that the proposed ecological enhancements are appropriate and more effective than can be done solely within the red line boundary;
- The owner remains responsible for the on-going maintenance of the land.
Full justification and robust evidence must be submitted when relying on this approach.
BREEAM recognises that the red-line boundary drafted for planning purposes may not reflect the entire site within the control of the developer or building owner.
Previously developed land – temporary structures - KBCN0659
The presence of concrete and hardstanding areas established as temporary structures for enabling works are not considered to be previously developed land on a site.
The nature of enabling works are temporary; with the purpose of enabling the delivery of a development and are not constructed to be permanent. Temporary structures of this kind are not included in the definition of previously developed land no matter how long they have been present on a site.
Previously occupied land – Fixed surface infrastructure - KBCN1140
Car parks and other hard-landscaped areas often incorporate small pockets of soft landscaping. Where these are integral to the hard landscaping and constitute a small proportion of the total area, these areas can be considered as part of the fixed surface infrastructure.
Risk to Ecologist’s safety - KBCN0704
In some situations a significant safety risk may prevent a suitably qualified ecologist from attending the site to undertake a site survey. In these cases a desktop study can be used to demonstrate compliance, where the ecologist confirms that it is an acceptably robust substitute.
In these cases, the assessor must provide evidence to confirm the type of significant safety risk present.
Shared ecological enhancements - KBCN0656
A site-wide approach to ecological enhancements can be used on sites where multiple buildings share areas of soft landscaping. The enhancement benefits are applied to the individual building assessments within the site.
Similarly, where a building comprises more than one assessment, eg different floor assessments, a green roof on top of that building can be used to award credits for each assessment for which the Land use and ecology issues apply.
The benefit can be applied on a site-wide basis provided all developments are completed within the appropriate timeframe of a valid ecological survey.
Sites with multiple assessed buildings - KBCN0920
For sites with multiple assessed buildings, where it proves difficult to clearly define separate construction zones for each building, the assessment of this Issue can be done on a site-wide basis where the boundary of the construction zone is considered to be the whole site.
Similarly, when it is difficult to define the proposed development footprint for each assessment, the issue can be assessed on a site-wide basis.
This can be applied to each BREEAM assessment.
Temporary ecological enhancements prior to development - KBCN00065
Where a site has been acquired but development is not scheduled to start immediately, it is possible to determine the baseline ecological value of the site at this point. Furthermore, to recognise where positive measures to enhance ecology have been taken to manage the site until development starts, these enhancement measures will not impact on the baseline value for the purposes of the BREEAM assessment, provided that the following have been met:
Clarification: This guidance is currently under development. Please contact BRE Global with specific project details for confirmation of whether this approach may be used.
The aim of these issues is to demonstrate the impact that a project has had on the site ecology, but comparing the site pre and post development. BREEAM does not want to penalise sites that have put in temporary ecological enhancements that enhance the ecology while waiting for development to begin.
- Following acquisition of the site and prior to any site clearance which involves the removal of any relevant features, the ecological value of a site is recorded in accordance with the relevant BREEAM methodology by a suitably qualified ecologist (SQE) to establish the baseline.
- The SQE confirms and records details of the temporary ecological enhancement and management strategy being implemented on the site for the period prior to scheduled development.
- For a period of up to 10 years, the initial baseline determined for the site is valid for the purposes of BREEAM assessment.
- Any enhancements prior to scheduled development that are not being carried forward into the design, construction and operational phases can be disregarded for the purposes of establishing the baseline ecological value at development.
- The assessment report shall provide documentary evidence of the above for certification.
- Any enhancement and management practices implemented prior to scheduled development that will be maintained and continued through the design, construction and into the operational phase can contribute toward the awarding of credits via the BREEAM calculator tools.
Timing of Ecological survey/report - KBCN0292
If the ecologist's site survey and/or report is completed at a later stage than required, the assessor would need to be satisfied that it was produced early enough for the recommendations to influence the Concept Design/design brief stage and leads to a positive outcome in terms of protection and enhancement of site ecology.
21/02/2017 Wording clarified.
Unexploded ordnance - KBCN0775
Unexploded ordnance can be defined as a contaminant as they are objects which can be classed as a hazard to health and/or the environment. Therefore, if the contaminated land specialist confirms that leaving the ordinance on the site would lead to a serious risk to human health and the environment, the site can be defined as “contaminated land” (please see the definition within the 'additional information' section of the manual).
However, the credit can only be awarded where all criteria have been met, and therefore the site investigation, risk assessment and appraisal must determine that the site is “significantly contaminated” i.e. without remediation, development of the site is not possible.
Also, it should be noted that decontamination needs to occur specifically for the purpose of re-development of the site, as detailed in the compliance notes “Prior Decontamination” and “Health and Safety related decontamination.”
Information correct as of 18thSeptember 2021. Please see kb.breeam.com for the latest compliance information.