Restoration shows how to redevelop UK industrial legacy

The Prince of Wales Colliery, in Pontefract, West Yorkshire, was once a major coal producer, with an average annual output of 1.5m tonnes when it was operational between the 1860s and 2002. Its closure left a void.

However, this is now set to be filled, with the 20.25ha site being restored under a £3.25m, five-year lease agreement between quarrying and restoration specialists Mone Bros Group Limited and land and property regeneration company Harworth Group. As a partner at Blacks Solicitors, I led the legal side of the transaction, supported by Jonathan Kay on the mining and minerals work.

One million cubic metres of imported inert material will be used to fill the disused mine, enabling the land to be reprofiled and recontoured and forming a foundation for conversion into a green space for public use. This will include a medical centre and retail facilities, enhancing the local environment and community.

The inert material used in this project will be restricted to waste that will not undergo any significant physical, chemical or biological transformation, sourced from local construction projects. The site provides an outlet for the disposal of material of this type on a greater scale than other local landfill operation and its proximity to the motorway ensures improved access, facilitating an economic and logistical advantage.

• Design, material and environmental management: restoring former colliery sites typically involves complex ground conditions, significant earthworks and the wholesale sourcing of inert materials to be brought on to the site. Particular attention must be given to the logistics of material sourcing, transportation, environmental impact and phasing of works. When considering these matters the operator needs to be conscious of the affect that large numbers of vehicles can have on local transport infrastructure and the local environment. Clear plans are needed to manage both the transportation and the works so as to reduce the impact as far as is practicable. This includes a strict monitoring programme in relation to dust and noise as well as practical steps such as road cleaning and water damping. In addition, the geological, structural and hydrological design elements of any restoration scheme are crucial, and require the involvement of a number of professionals. Geotechnical and environmental engineers are key to preparing and ensuring compliance with the materials management plan agreed for the site. This ensures that materials are investigated, reviewed, checked and tested before, during, and after they are used for site restoration. The engineers also carry out slope and stability assessment of the site as the site fills.
• Community integration and urban development: although restoration of redundant colliery sites, and redundant industrial sites, can be complex, they are an opportunity for developers and planners to work together; first to bring forward land for development, and second to deal with broader strategic goals such as the provision of open space for the community. Many restored sites, such as the Prince of Wales colliery, can be developed to provide multiple uses that complement each other as part of a cohesive development. This site is to be planted to provide outdoor leisure space for the local community. It will include footpaths, cycle tracks to benefit the new large-scale residential development on the former colliery site.
• Regulatory compliance and legal expertise: complex restoration projects benefit from specialised legal support to navigate planning, regulatory and contractual challenges. The challenges of the successfully obtaining planning permission that deals with the concerns of the local communities, complies with the relevant applicable policies and is commercially viable requires careful consideration of all planning conditions, engagement with statutory consultees and detailed negotiation of applicable planning agreements. Careful and considered negotiation with all stakeholders is vital to achieve a commercially viable deal that is acceptable to all parties.  

As Angela Rayner said at last May's UK's Real Estate Investment & Infrastructure Forum (UKREIIF), the Labour government would look to encourage the use of more brownfield sites for development, as the party's stated intention is to get more houses built more quickly.

Across the country, a number of similar sites may be ripe for development. It would make sense to review any existing restoration obligations with a view to potential future uses. In most instances the restoration obligations are imposed in the planning conditions for the original extraction of minerals, however, specific restoration permissions are often negotiated.

In either case agreeing and complying with the planning conditions is fundamental. In the case of this site following the CL:AIRE Code of Practice to ensure the project was completed in accordance with the guidelines for the reuse of excavated materials was also a key aspect.

The one element that was crucial to the success of this project was engagement. At an early stage Mone Bros worked closely with the local community and councillors, who were all very interested in how the project would fit into the development of the area.

While the Prince of Wales site will be redeveloped primarily for residential use, some sites may be particularly attractive for alternative uses because they benefit from enhanced existing infrastructure.

Depending on the site, alternative uses might include industrial and commercial development, energy production and storage, logistics interchanges and large-scale server centres.

Some collieries that had high capacity electricity supplies with associated substations due to the nature of the mining equipment they needed meant that they often had enhanced transportation links including rail heads or roads suitable for heavy traffic. A few industrial sites also had gas storage or regulation on site, all of which now provide opportunities for creative redevelopment.