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Homecheck Professional Environmental Report User Guide

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1. Homecheck Professional Environmental Report User Guide www homecheckpro co uk 0844 844 9966 home Environmental check Report professional A Landmark service User Guide Table of Contents Introduction About this Guide 3 Why should get a Homecheck Professional Environmental Report 3 When should I get a Homecheck Professional Environmental Report 4 How do I get a Homecheck Professional Environmental Report 5 What is my Homecheck Professional Environmental Report telling me 5 How do proceed now 9 Appendix Appendix 1 Specific issues in relation to the report 11 Appendix 2 Potentially Contaminative Past Industrial Land Use Categories 20 Appendix 3 Data sets used in the Homecheck Professional Environmental Report 22 Appendix 4 The Search Code 29 home Environmental check Report professional A Landmark service 1 1 1 1 2 1 3 1 4 2 1 2 2 2 3 Introduction About this Guide This Guide has been prepared by Landmark Information Group to assist busy conveyancing practitioners to decide Whether to obtain a Homecheck Professional Environmental Report on behalf of their clients What that search reveals What steps they should take next in the best interests of their clients The Guide is not intended to usurp the role of the professional advisor who is uniquely placed to view the whole transaction in consultation with the client but it is in
2. a coal mining Report Contact the Coal Authority using the Contacts section in the report 18 A Landmark service HP Environmental Report C 2 Radon Affected Areas The replies given on radon affected areas are based on Radon Potential data from the British Geological Survey BGS and the Health Protection Agency HPA This data indicates the probability of radon occurring in the property being searched These replies are intended to help the homebuyer decide whether a radon assessment from the HPA might be required for an existing dwelling The estimate is based on an analysis of radon measurements in dwellings within the affected area A Radon Affected Area is defined as where it is estimated that the radon concentration in 1 or more of homes exceeds the Action Level The reply indicates the type of action normally required for each level of risk C 3 Radon Protection Measures The replies given on level of radon protective measures are based on Radon Potential data from the British Geological Survey BGS and the Health Protection Agency HPA Radon protective measures have been required to be installed for new dwellings or extensions to existing dwellings since 1999 The need for protective measures is based on estimates by both the HPA and BGS on the basis of a combined analysis of geological and A measurement data It should be noted that in the case of new dwellings or extensions to existing ones are
3. and Part B processes LocalAuthority Pollution Prevention and Control LAPPC are Part B processes The data is limited to England and W ales and has been collected from Local Authority public register records since December 2000 where available Local Authority This data is sourced from individual Local Authorities Landmark Point or From 2001 Not Applicable Recorded Landfill that were able to provide information on sites operating Polygon amp Sites prior to the introduction of the Control of Pollution Act Text COPA in 1974 Where these records have been passed by the Local Authority to the appropriate environment Agency the data was not collected from the Local Authority Prior to the COPA legislation powers to control waste in the interest of public health were the responsibility of individual Local Authorities This data has been collated and captured by Landmark home Environmental check Report A Landmark service Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Remarks This data is sites that come under the Noti fication of Installations Handling Hazardous Substances NIHHS Regulations 1982 and are geo coded by Landmark These regulations specify dangerous substances and the quantities of these substances trigger obligations to notify the HSE of their use three months before such use commences The NIHHS Regulations require emergency plans to be kept up to date and regularly
4. of profits loss of business and loss of interruption of business suffered by you a counterparty or any third party arising out of 1 any use of or reliance upon this Information 2 any decisions or advice made or given as a result of the contents of the Information or use thereof or 3 any errors omissions or inaccuracies in the Information Sitescope is constantly working with data providers to improve the data sets and the information available to Sitescope may change Accordingly there is no protection period relating to a Homecheck Professional Environmental Report and practitioners should not attempt to rely on a previous report Practitioners who rely on a previous report will not have the benefit of Sitescope s Professional Indemnity Insurance cover Practitioners should note that addresses may have been compared to the Royal Mail Postal Address File standard and therefore may have been changed to comply with this standard The report is split into a summary section which gives basic information in an easy to understand question and answer format and an additional information section which gives further details if records are revealed The report also benefits from an aerial photo giving a view of the property and the immediate vicinity out to the 250 metre search buffer The practitioner should normally be able to easily verify that the report has been correctly located on the subject property using the Site Location map In
5. of the DoE DEFRA in 1973 Survey BGS Polygon amp This data is already geo coded Text The survey includes over 3 000 sites accepting waste prior to the Control of Pollution Act COPA 1974 and would therefore not have been subject to any strict regulation or monitoring Further details which may be available from BGS paper records include outline plans site descriptions waste types and tipping histories Coal Mining This data set is made up of 1km polygon areas which Coal Authority Polygon amp Not Applicable As notified C3 Affected Areas may be affected by coal mining activity Text Contaminated The contaminated land regulations enacted in 2000 Local Authorities Point or From As notified A12 Land Register give effect to relevant sections of the Environmental Polygon amp February 2002 Entries and Protection Act 1990 in regards to contaminated Text Notices land There are three sets of regulations that relate to England Scotland and Vales They are Contaminated Land England Regulations 2000 SSI 227 Contaminated Land Scotland Regulations 2000 SI 178 and Contaminated Land W ales Regulations 2001 WSI 2197 respectively There is also statutory guidance that complements the regulations The regulations give power to de fine special sites contaminated land and to remediate any land defined as contaminated as well as exclude and apportion liability for remediation This data is collated by Landmark and sourced from t
6. the event of any doubt as to the correct location the practitioner should raise this immediately with the agent Enquiries and Replies The Homecheck Professional Environmental Report will be based on the information listed in Appendix 3 to this Guide The practitioners attention is drawn to the update cycles for this information home Environmental check Report A Landmark service 5 11 5 12 Section A of the report contains Enquiries of Statutory Registers The enquiries respond separately to land within O 250 metres and 251 500 metres from the centre of the search Each different heading contains a location map in the Additional Information section if records are revealed These answers are drawn from the statutory registers held by the Environment Agency the Health and Safety Executive HSE the British Geological Survey BGS and Local Authorities using the following records Registered Landfill sites the Environment Agency Recorded Landfill sites prior to 1974 BGS Licensed Waste Management Facilities Landfill the Environment Agency Local Authority Recorded Landfill Sites prior to 1974 the relevant local authority Registered Waste transfer treatment or disposal sites the Environment Agency Licensed Discharges to Controlled Waters the Environment Agency Registered or authorised keeping or disposal of radioactive substances the Environment Agency Licensed industrial processes or discharg
7. the main disposal method for Great Britain s waste Up to 90 of all domestic waste takes this route and it is estimated that there are currently over landfill sites in Great Britain There are three main categories of landfill sites those accepting domestic industrial and commercial wastes those accepting hazardous waste and those accepting inert waste for example brick rubble or soil All three present a potential risk to residential properties The main risk presented by landfills is from the methane gas created by the microbiological decomposition of biodegradable materials Methane gas is highly flammable and can become explosive if it accumulates in a confined space Other landfill emissions also include traces of heavy metals and complex organic compounds such as dioxins There is concern that people living near certain landfill sites could be at risk from serious illnesses such as cancer and DEFRA are conducting a study to determine the health risks associated with landfill sites The practitioner should be aware that landfill could affect the homeowner in six ways Presence of harmful substances Combustibility of materials used to fill the landfill Chemical attack on building materials Emission of flammable toxic asphyxiant or corrosive gases Problems with ground stability Problems associated with odour and water drainage 11 Environmental Report A Landmark service If a landfill site is identifie
8. 1 156 of 1989 and amendments establish the regulatory regime and Schedules of prescribed processes and prescribed substances which are to be controlled defined under the Act as Special Category Effluents Water Industry Act Referrals are Special Category Effluents containing particular substances or deriving from specific processes discharging to public sewers Such processes include any process for the production of chlorinated organic chemicals any process for the manufacture of asbestos cement paper or board any process for the manufacture of paper pulp any industrial process in which cooling water or effluents are chlorinated This is not a complete list and does not indicate whether a referral has been given consent or otherwise home Environmental check Report A Landmark service Appendix 4 The Search Code a SearchCode Search Code Important Consumer Protection Information This search has been produced by Landmark Information Group of The Smith Centre Fairmile Henley on Thames RG9 6AB Tel 0844 844 9966 Fax 0844 844 9980 Email helpdesk landmarkinfo co uk which is registered with the Property Codes Compliance Board as a subscriber to the Search Code The Search Code provides protection for homebuyers sellers conveyancers and mortgage lenders who rely on property search reports carried out on residential property within the United Kingdom It sets out minimum standards which organisation
9. 2000 2001 of the Contaminated Land regime in Part IIA of the Environmental Protection Act 1990 that there are environmental issues in mainland Great Britain that have been largely ignored until now but which present real risks to purchasers of the affected property In the light of growing public concern about such issues the Law Society on 13 June 2001 published in the Law Society s Gazette and distributed to the legal profession generally a Guidance Note on contamination issues in property transactions This Guidance points out the risks referred to in this Guide and offers some suggestions to practitioners as to how they may go about serving the client s needs in this area and lessening the risk of being found negligent home Environmental check Report professional A Landmark service 2 4 25 2 6 2 7 2 8 2 9 3 1 3 2 Whilst contaminated land is perhaps the most obvious risk to contemplate it is by no means the only one For example if contaminants are present but the land is not contaminated within the technical meaning of the word enjoyment saleability and value can still be affected There may be significant restrictions on the usability of the property not to mention concerns relating to flooding subsidence and other risks not directly attributable to contamination as such The main risks are that A financial liability to clean up the polluted site may fall upon the current owner of th
10. Amber flood risk is broken down into more granular levels NU use Ordnance Survey s Address Point data to locate each individual address before running an algorithm to assign individual properties a flood risk rating and insurability assessment Notification of Installations Handling Hazardous Substances NIHHS Planning Hazardous Substance Consents Planning Hazardous Substance Enforcements Potentially Contaminative Industrial Uses Past Land Uses Potentially Infilled Land Property based Flood Risk Section A7 Data Type Data Range Point amp Text From 1999 Point amp Text From 1992 Annually Point amp Text From 1992 Annually Landmark Point Polygon From 1850 Not Applicable amp Text Ordnance Survey Point Polygon From 1850 Not Applicable Update Cycle Health and Safety Executive HSE Not Applicable Local Authorities Local Authorities Landmark Point Polygon From 1850 Not Applicable amp Text Ordnance Survey Point Polygon From 1850 N U Point Not Applicable Annually D1 4 amp Text Not Applicable home Environmental check Report A Landmark service Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Remarks Source Data Type Section This data set is geo coded by Landmark and Various Point amp Text As notified A13 contains any prosecutions relating to IPC authorised processes which are brought under S
11. PCAS IPCAS can award compensation of up to 5 000 to you if it finds that you have suffered loss as a result of your search provider failing to keep to the Code Please note that all queries or complaints regarding your search should be directed to your search provider in the first instance not to IPCAS IPCAS Contact Details Telephone 020 7520 3800 Email info idrs ltd uk You can also get more information about the PCCB and IPCAS from Property Codes Compliance Board website at www propertycodes org uk Please contact our Customer Service team on 0844 844 9966 if you would like a copy of the full search code 29 home Environmental check Report professional Appendix 4 The Search Code a SearchCode Complaints Procedure Information for customers Landmark Information Group is registered with the Property Codes Compliance Board as a subscriber to the Search Code A key commitment under the Code is that firms will handle any complaints both speedily and fairly If you wish to make a complaint we will e Acknowledge your complaint within 2 working days of receipt e Normally deal with your complaint fully and provide a final response in writing within 14 working days of receipt If there are valid reasons for consideration of the complaint taking longer we will keep you fully informed in writing or via telephone or email as you prefer and you will receive a final response at the very latest within 40 working d
12. Recycling of metal waste amp scrap metal Rubber natural products manufacture Sawmilling planing amp impregnation i e Treatment of timber Sawmilling planning amp impregnation i e treatment of timber wood products telegraph works timber yard e g veneer Tableware amp other ceramics manufacture Technical amp environmental testing amp analysis Transport manufacturing amp repair Manufacturing amp repair including i ships ii aerospace iii rail engines amp rolling stock Transport air amp space cargo amp handling amp transport support Weapons amp ammunition manufacture amp storage Potentially Infilled Land Report Description Remarks Unknown filled ground pond marsh river stream dock etc These are water features which were previously mapped but which no longer appear on subsequent and current map editions Historical Tanks and Energy Facilities Report Description Remarks Tanks Tanks i e Fuel Tank Inspection Tank Tk This does not include tanks where the named purpose is not fuel related i e Slurry Tank Potential Tanks Activities that potentially require a fuel tank on the premises i e Depots and Garages Petroleum Storage Facilities Facilities which are likely to hold petroleum i e Filling Stations Petrol Stations and Petroleum Works Oil Industry Facilities Facilities used in the oil industry i e Oil Depot Oil and Grease W orks Oil Refinery not including non petrol
13. Text From May Quarterly Pollution of records maintained under the Integrated Prevention Agency 2001 Prevention and Pollution and Control Act 1999 This applies to Control processes once classi fied as Integrated Pollution Control and Local Authority Air Pollution Control under Part and Part Il of the Environmental Protection Act 1990 for England and Wales There are A and B installations which are regulated by the Environment Agency and Local Authorities respectively The regulations are being progressively introduced to 2007 depending on the regulated activity In the case of England and W ales this data is solely sourced from the Environment Agency Licensed Waste This data covers consents for land fill sites issued Environment Polygon amp From 1974 Quarterly Management by the Environment Agency under Section 64 of Agency Text Facilities Landfill the Environmental Protection Act 1990 Part Il and Boundaries prescribed by Regulation 10 of SI No 1056 the Waste Management Licensing Regulations 1994 The boundaries of these sites are supplied by the EA and currently only relate to active landfill sites 24 home Environmental check Report A Landmark service Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Remarks Data Type Data Range Update Cycle Section Licensed Waste This data covers consents issued for current or Environment Point amp Text From 1974 Quarterly Management
14. ally pre W W II the first National Grid Black and White raster 1 10 560 map and the last National Grid edition Black and White raster map at 1 10 000 scale From historical mapping dating back to the middle of the 19th century Landmark s Systematic Analysis Department has identified areas where cavities and areas of water or marsh have potentially been infilled with materials This is drawn from a series of up to six historic map editions up to four Ordnance Survey 1 10 560 County Series Maps usually pre W W II the first National Grid Black and White raster 1 10 560 map and the last National Grid edition Black and White raster map at 1 10 000 scale This data set provides a property based flood risk for all residential properties within the UK as supplied by Norwich Union NU insurance company There are five levels of flood risk High Property has a flood risk more frequent than a 1 in 75 year event Medium Property has a flood risk between a 1 in 75 year and 1 in 250 year event Low Property has a flood risk between a 1 in 250 year and 1 in 1000 year event Negligible Property has a negligible risk of flooding or is not on a flood plain May Become Isolated Property itself is not at risk of flooding however it may be isolated by flood waters in a 1 in 250 year event In addition each property is assigned one of 7 insurability assessments dependant upon the risk of flooding For this to happen the Medium
15. as where radon protection is required are those where it is estimated that the radon concentration in 3 or more of homes exceeds the Action Level Section D Enquiries Concerning Natural Perils 1000 af risk If Flood D 1 Flooding The replies given on areas of potential flooding from rivers and surface water are based on data from Risk Management Solutions Inc which models 1 in 75 1 in 100 and 1 in year risk Where the area within 250 metres from the centre of the search is identified as potentially fected by tidal flooding data from Norwich Union is used to give a property specific flood rating potential flooding is identified as a concern it is recommended that further investigation is undertaken to obtain more detailed information such as that contained in the Homecheck report 19 home Environmental check Report A Landmark service Appendix 2 Potentially Contaminative Past Industrial Land Use Categories The following Categories are used for the data extracted from Historical Ordnance Survey maps Report Description Remarks Air shafts Animal by products i e gelatine soap glue etc Air shafts Animal by products i e animal parts e g soaps candles amp bone works Animal slaughtering amp basic processing of meat other than poultry Animal slaughtering amp basic processing Area liable to flood Areas liable to flood as indicated on the historical maps Batteries accumulato
16. ays e Liaise at your request with anyone acting formally on your behalf If you are not satisfied with the final response you may refer the complaint to the Independent Property Codes Adjudication Scheme IPCAS Tel 020 7520 3800 E mail info Didrs ltd uk We will co operate fully with the independent adjudicator during an investigation and comply with the adjudicator s decision Complaints should be sent to Customer Relationship Manager Landmark Information Group Limited Legal amp Financial The Smith Centre Fairmile Henley on Thames RG9 6AB Telephone 0844 844 9966 E mail helpdesk landmarkinfo co uk 30
17. based oils such as Fish Meal and oil works Gas Industry Facilities Facilities used in the Gas Industry i e Liquid Gas Bottling Plant Gas Wks Gas Monitoring Facilities Facilities used to monitor gas production and supply i e Gas Governor Station Gas Valve Compound Electricity Industry Facilities Facilities used by the electricity industry i e El Gen Sta Electricity Depot Electrical Sub Station Facilities Electrical Substations i e El Sub Sta Transmission Sub Station Miscellaneous Power Facilities Facilities related to power and fuel which were not identified in any other section i e Power Station Fuel Depot 21 home Environmental check Report A Landmark service Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Remarks Source Data Type Data Range Update Cycle Section Aerial The current available coverage of the imagery is only Getmapping Raster From 2005 Variable Aerial Photography for England and Wales The imagery is at a resolution Mapping Photograph of between 25cm 50cm The original scale of the photography was 1 10 000 for the majority of the coverage with certain urban areas taken at a scale of 1 5 000 All images are orthorectified to the Ordnance Survey National Grid and stored in a seamless database BGS Recorded This data set relates to a survey of active landfill sites British Geological Point or Not Applicable Not Applicable Landfill Sites conducted on behalf
18. client to proceed safe in the knowledge that the information is as accurate and reliable as modern mapping and information techniques can make it Keeping the search with the file or deeds will assist if future reference needs to be made in relation to the information disclosed In these circumstances Council of Mortgage Lenders advice would be that it is not necessary to alert the lender to the existence or contents of the report 6 4 2 Such a report may receive the benefit of a professionally prepared certificate indicating that there is no likelihood that the site would be declared contaminated within the meaning of Part IIA of the Environmental Protection Act 1990 It is important to note that this professional assessment is based on information disclosed in sections A and B of the associated Homecheck Professional Environmental Report and does not extend to information contained in other sections of the report for example radon and flooding Factors disclosed that are outside of the scope of the Certificate are included at the foot of the certificate page for consideration by the client and practitioner 6 4 3 Factors not covered by the certificate may still be of some concern to a purchaser client for example flooding The practitioner should discuss these issues with the client to decide how to proceed if necessary following consultation with other professionals to ascertain the degree of risk posed by a revealed entry Further investi
19. d The Agency incorporates conditions which ensure that the operator uses the Best Available Techniques Not Entailing Excessive Cost BANEEC to minimise or prevent releases of certain substances and to render such substances harmless Authorised process operators are required to submit an annual emissions report Integrated This data is maintained under the EP A Prescribed Environment Point amp Text From 1991 Quarterly Pollution Control Processes and Substances Regulations 1991 under Agency Registered Waste Integrated Pollution Control IPC These regulations Sites were progressively implemented from 1 April 1991 in England and Wales Landmark extracts and geo codes data for waste sites regulated under Part 1 of the Environmental Protectio Act EPA 1990 from those maintained under the Environmental Protection Regulations Prescribed Processes and Substances 1991 relating to sites emitting discharges direct to air water or land Applications for authorisation under IPC must consider the full impact of all releases to air water and land The Agency incorporates conditions which ensure that the operator uses the Best Available Techniques Not Entailing Excessive Cost BANEEC to minimise or prevent releases of certain substances and to render such substances harmless Authorised process operators are required to submit an annual emissions report Integrated This data is geo coded by Landmark and comprises Environment Point amp
20. d the report will disclose the licence details For further information on a particular site please contact the relevant environment agency or local authority referenced in the Useful Contacts section of the report Specific Information Section A 1 1 Local Authority Landfill Sites The records in this section have been collated by Landmark and are sourced from individual Local Authorities that were able to provide information on sites operating prior to the Control of Pollution Act 1974 COPA On the section map these records are shown as a red square or a red hatched polygon Appropriate authorities are listed in the report summary with an indication of whether or not they were able to make landfill data available Details of any records identified are disclosed under the additional information You should note the following a Ifthe response in the summary advises that the local authority Had landfill data but passed it to the relevant environment agency it does not necessarily mean that landfill data from this local authority will be included in section A 1 2 of the report b If no data has been made available for all or part of the search area you should be aware that a negative response in section A 1 1 does not necessarily confirm that no local authority landfills exist Section A 1 2 Landfill Sites The records in this section are obtained from three separate data sets Sitescope s own database containing over 13 000
21. de directories at your local library Uniquely the First Edition c 1850 1890 OS County Series 1 10 560 maps for Great Britain can also be viewed free of charge and copies of these and subsequent editions can be purchased on Landmark s website www old maps co uk Potentially Infilled Land Potentially Infilled Land was identified when a cavity a hole made by an extractive industry or natural occurrence e g pond was indicated on an historic map but there was no evidence of its existence in the last available map for the area No details of what may have been used to fill the cavity or exactly when or if it was filled are available from the mapping Materials used to fill quarries pits and ponds have never been catalogued and so in most cases the type of infill used is not known Most infilled sites must therefore be regarded as potentially contaminated especially if a site lies on or close to a source of contaminative material for example a mine or a factory The stability of infilled land is questionable and research has found several cases where residential properties have been affected by subsidence because of previous quarrying or similar mining activity Although many will not pose a significant risk to homebuyers some past uses may have left toxic carcinogenic cancer causing or deleterious asbestos containing substances If potentially infilled land has been identified the report will disclose the type of land
22. e This data set is geo coded by Landmark and refers to Licences granted under the Radioactive Substances Act RSA 1993 This Act controls the storage use and disposal of radioactive substances through authorisation and registration systems and provides access to information regarding sites holding such consents The Act applies to Crown premises including mobile radioactive apparatus but does not cover navy army air force or visiting forces or the Secretary of State for Defence This data is sourced from public registers which are visited annually This data set covers consents that have been issued by the Environment Agency under the Control of Pollution Act COPA 1974 and Section 36 of the Environmental Protection Act EPA 1990 This data relates to open and closed sites licensed for waste transfer Landmark Environment Agency Landmark Polygon amp Text Point or Polygon amp Text Not Applicable As notified From 1976 Annually From 1991 Quarterly From 1976 Annually Point amp Text Point or Polygon amp Text 27 home Environmental check Report A Landmark service Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Remarks Source Data Type Data Range Update Cycle Section Registered Waste This data is sourced from public registers which are Landmark Point or From 1976 Annually Treatment or visited annually This data set covers consents that Po
23. e land The property itself may be structurally unsound hazardous to health dangerous or otherwise uninhabitable The value and or the use of the property may be adversely affected by some problem Whilst it is by no means yet settled that it would be negligent of a professional advisor to fail to mention these risks to a conveyancing client the issues have been aired by professional journals publications press media coverage and public debate for several years now There is such a clear body of collective wisdom available on the subject and public awareness of the issues that a Court may now take the view that such issues should be raised by professional advisors as a matter of course even in routine transactions In the view of the buying public it is the solicitor licensed conveyancer or the co ordinator of the transaction who is expected to raise and deal with these issues rather than the surveyor estate agent or mortgage lender However in dealing with the issues the practitioner is able to draw on the expertise of an Environmental Consultant who is uniquely qualified to comment on environmental risk Should independent full site investigations then need to be made the practitioner is able to engage the services of a suitably qualified professional Step 4 of the Law Society Guidance advises independent site history investigations by obtaining a site report from a commercial company Obtaining a Homecheck Professional Environmen
24. e level of risk to the homeowner will usually depend on how well the site is was managed but there is increasing concern that waste storage sites may pose a health hazard to those living near them The practitioner should be aware of the following risks associated with waste processes Spillage of difficult waste on site such as petrol oil and paint Build up of some wastes in drains Chemicals being washed off site by rainwater and affecting surrounding land Noise and dust If a licence for a waste transfer treatment or disposal site has been identified the Report will disclose the licence details For further information on a particular site please contact the relevant agency referenced in the Contacts section of the report A 4 Integrated Pollution Control IPC Regulations There are thousands of industrial processes in Britain with permits to release pollutants to the air ground and water Around 2 000 factory sites can be categorised as major industrial processes such as power stations incinerators chemical manufacturers and cement producers while some 12 000 can be classified as smaller industrial processes Many sites releasing discharges are maintained under the concept of Integrated Pollution Prevention and Control Discharges from these sites can be to air land or water and include gases contaminated cooling water and spoil For example a paper mill may release polychlorinated biphenyls chemicals sometimes used i
25. e may be and that this possibility may require further investigation The practitioner or client may undertake this further investigation themselves and present information to the environmental consultant for further review without additional charge Alternatively the environmental consultant can undertake the necessary further investigation for an additional fee 6 5 6 The decision whether to proceed undertake further investigations or withdraw must be the client s and it will frequently depend on factors unrelated to the environmental information revealed by the search Factors such as the cost of the further investigations the difficulty or delay involved in undertaking them the accuracy and helpfulness of the further information revealed the general time scale of the transaction and the client s attitude to risk will all influence the decision Often the next step after obtaining a Homecheck Professional Environmental Report is simply to acquire further information especially as it is usually easily obtainable from an obvious source rather than to consider a site inspection at additional cost Obvious next steps could be In relation to further information contact the relevant agency or local authority using the Contacts section of the report The local authority may have inspected the revealed matter as part of its duties under Part IIA of the Environmental Protection Act 1990 It may also have records of the steps taken by a develop
26. eas of mining amp single or groups of shafts other than coal amp not specified including levels or adits etc Mining of coal amp lignite Coal mining the manufacturing of coke or charcoal included are associated surface activities in area also individual coal mine shafts Motor vehicles maintenance amp repair e g Garages Repair amp sale of i cars amp bikes ii parts iii services Natural amp man made textile manufacture amp products Natural amp man made textile manufacture amp products including hemp rope Office machinery amp computers manufacture Computers office machinery business industrial electrical goods Oil petroleum gas refining amp storage Major oil amp petrol storage amp all gasometers which are not in gas works 20 home Environmental check Report professional A Landmark service Appendix 2 Potentially Contaminative Past Industrial Land Use Categories cont Report Description Remarks attached to other sewerage feature e g end of sewer pipe Paints varnishes printing inks mastics amp sealants manufacture Plastic goods all general manufacture including building packaging amp tubing All plastic goods including building packages tubing etc amp the manufacture of tar bitumen amp asphalt Printing miscellaneous excluding newspapers Pulp commodity grade paper amp paperboard manufacture Quarrying of sand amp clay operation of sand amp gravel pits
27. ection 23 1 of the Environmental Protection Act EPA 1990 If the conditions of an authorisation have been breached the Environment Agency or the Scottish Environment Protection Agency can prosecute the operator Itis an of fence to operate a prescribed process without an authorisation or to contravene its conditions This data set is geo coded by Landmark and includes Various Point amp Text From 1996 As notified A13 actions brought under the provision of the W ater Resources Act 1991 This data set created jointly by the Health Protection British Geological C2 C3 Agency HPA and the British Geological Survey Survey BGS and BGS provides the current de finitive map of Radon Health Protection Affected Areas in England and Wales Agency HPA Data Range Update Cycle Prosecutions Relating to Authorised Processes From 1991 Prosecutions Relating to Controlled Waters Radon Potential Registered Landfill Sites Registered Radioactive Substances Registered Waste Transfer Sites Radon is a natural radioactive gas which enters buildings from the ground Outdoors it is diluted to very low levels However in some cases the radon level indoors can build up to high concentrations posing a serious risk to health The Health Protection Agency recommends that radon levels should be reduced in homes where the annual average is at or above 200 becquerels per cubic metre 200 Bq m 3 This is termed the Act
28. en identified the report will disclose the licence details Use the Contacts section should further enquiries need to be made A 6 A 7 and A 8 Hazardous Substances Dangerous Substances and Control of Major Accident Hazards Storage of Hazardous Substances relates to the granting of consents under the Planning Hazardous Substances Act 1990 in England and Wales and the Planning Hazardous Substances Act 1997 in Scotland Hazardous Substance Consents are designed to ensure that hazardous substances can be kept or used in significant quantities only after the responsible authorities have had the opportunity to assess the risk to surrounding areas Sites that may hold a Hazardous Substance Consent range from small industrial premises to large chemical works For example ICI Chlor Chemicals in Runcorn Cheshire stores large quantities of chlorinated paraffins Chlorinated paraffins are highly toxic and easily distributed to air water and soil The Government has recently signed an agreement to phase out emissions and discharges of such hazardous substances by 2020 If stored and used correctly then hazardous substances listed under the Acts should not pose a risk to homebuyers Notification of Installations Handling Hazardous Substances NIHHS Regulations 1982 specify dangerous substances and the quantities of these substances that trigger obligations to notify the Health and Safety Executive of their use The NIHHS Regulations require emergency
29. er to make the land safe which would avoid in most cases the need for a site investigation Structural concerns contact a structural surveyor or engineer Contamination concerns contact an environmental consultant Valuation concerns if any still remain contact a suitably qualified specialist surveyor or valuer Negotiating appropriate price adjustments in addition to or instead of the above It cannot be over emphasised that until the actual extent of a potential problem is investigated and revealed a practitioner cannot fully advise on its implications and the Homecheck Professional Environmental Report is only designed to provide the information to enable practitioners to identify the next questions Equally the perception of risk is almost invariably worse than the reality so a practitioner may feel that in the majority of cases the client would be safe in proceeding without further investigation on the other hand an investigation may put the client s mind at rest Practitioners should develop a range of professional contacts to call on quickly should the client wish to proceed with further investigations Not knowing where to turn for assistance would cause delay If the subject property is to be charged as security for a loan the lender should be contacted in any case where entries are revealed indicating whether the property has been passed referred or whether a Certificate has been refused Practitioners should info
30. es the Environment Agency Sites permitted to release discharges into the air Local Authority the Environment Agency Sites authorised or subject to regulations concerning the keeping or handling of hazardous substances explosives dangerous substances and sites constituting a major accident hazard Local Authority and HSE Records of any enforcements prohibitions or prosecutions relating to contamination prosecutions relating to licensed processes or planning hazardous substances Local Authority the Environment Agency Contaminated Land Register Entries and Notices Part Ila sites Local Authority the Environment Agency Section B of the Report contains Enquiries Concerning Site History and applies to land within 0 250 metres from the centre of the search The enquiries relate to the following Potentially contaminative industrial sites identified from current published trade directories Potentially contaminative industrial sites identified from analysis of 1 10 560 scale and selected 1 10 000 scale historical Ordnance Survey maps Areas of potentially infilled land identified from analysis of 1 10 560 scale and selected 1 10 000 scale historical Ordnance Survey maps Historical Tanks and Energy Facilities identified from analysis of 1 2 500 scale and 1 1 250 scale historical Ordnance Survey maps covering a period from 1943 1996 The information provided in section B of the report relates to categories of potentia
31. explosive properties This legislation replaces the Control of Industrial Major Accident Hazards COMAH Regulations 1984 22 A Landmark service Appendix 3 Data Sets used in the Homecheck Professional home Environmental check Report Environmental Report Discharge Consents Enforcement and Prohibition Notices Flood Hazard 75 100 and 1000 Year Return Remarks For England and W ales discharge consents are granted with conditions set by the EA under Section 84 1 of the Water Resources Act 1991 This data is geo coded by the supplier from 1 10 000 or 1 50 000 mapping In considering whether or not to grant consents the Environment Agency EA has to take into account whether statutory water quality objectives will be met likely deterioration in water quality downstream and possible effects on other water uses downstream Conditions are attached to consents in order to minimise effects Such conditions may be related to discharge quantity steps to minimise ef fects of pollution sampling facilities and records to be maintained These consents do not apply to discharges to sewers since the sewerage undertaker regulates these In addition only those records that are supplied with a valid national grid reference are included This data set is geo coded by Landmark and contains any enforcement and prohibition notices relating to IPC authorised processes which are brought under Section 23 1 of the Envir
32. gation may be necessary Certificate Refused 6 5 1 Certain entries always carry an inherent degree of risk with them and certain types of land use have particular contaminating characteristics For example infilled land may be structurally unstable landfill sites may give rise to methane gas generation old gasworks may have contaminated the land with tars and other chemicals and petrol stations may have leaking underground storage tanks The nearer to the site the identified entry then the greater the risk that some problem may occur on the site in question 6 5 2 Such a report is referred free of charge to an environmental consultant for a more detailed consideration of the risks posed by the revealed entries 6 5 3 After referral the report may still receive a certificate to the affect that there is no likelihood that the site would be declared contaminated within the meaning of Part IIA of the Environmental Protection Act 1990 6 5 4 It may however not be passed in which case the environmental consultant will highlight the main concerns and suggest some further action that could be taken to allay a client s fears about proceeding home Environmental check Report A Landmark service 6 6 6 7 6 8 6 9 6 10 6 5 5 It is important to appreciate that where a report has been referred and thereafter does not receive a certificate it does not necessarily mean that there is a problem with the land merely that ther
33. he centre of search to the point of the feature These Historical Tanks and Energy Facilities are shown on the section map B 2 Current Industrial Land Use Contemporary trade directories can highlight potentially contaminative land uses These are sites where current or past industrial uses may pose a risk to the homebuyer The information given will cover a large range of local businesses including for example petrol stations garages workshops dry cleaners laundries factories laboratories etc Additional land uses of this type may also appear on the location and information maps included with the Homecheck Professional Environmental Report Petrol stations for example are common in residential areas and pose a particularly high risk to homeowners The London Fire Service has recently estimated that up to 70 of existing underground storage tanks may be leaking In one case in Gallway petrol was found to migrate up to 300 metres from a filling station and caused severe damage to three residential properties There are over 16 000 operating petrol stations in Great Britain and many other industrial premises that have licences to store petroleum The Environment Agency or your Local Authority may hold details of current potentially contaminative activities Further information on petrol and fuel sites can be obtained from the Petroleum Licensing Officer at your Local Authority Information held by them may include details of storage tank n
34. he local authorities Contemporary This represents a sub set of the Business Directory Thomson Point amp Text From 2001 Quarterly B2 Trade Directory complied by Thomson Directories and is geo coded Directories Entries by Landmark The data set allows for comprehensive reporting with over 400 dif ferent classifications that are likely to carry out potentially contaminative uses The status of the site is also disclosed Control of Major This data is geo coded by Landmark and relate to Health and Safety Point amp Text From 1999 Bi annually A8 Accident Hazards sites registered under the Control of Major Accident Executive HSE Sites Hazards COMAH Regulations 1999 The Health and COMAH Safety Executive in conjunction with the Environment Agency keeps records of those sites where substances are present or in transit in quantities exceeding thresholds set in the regulations The duties under these regulations are largely dependent on the type and quantities of substance Following this rationale sites are subdivided into top and lower tier sites Sites storing above the speci fied amounts of hazardous substances and those carrying out particularly toxic or hazardous activities must provide information to the public on the nature of the hazard and action to be taken in the event of an accident The regulations mainly apply to chemical and petrochemical industries and to those that produce or use substances with flammable toxic or
35. igni licence Environmental Report Latest information from the Environment Agency showing the boundaries or point locations of over 2 500 current licensed landfill sites in England and Wales Records of licensed waste management facilities landfill cover consents issued for landfill sites by the Environment Agency under Section 64 of the Environmental Protection Act 1990 Part Il and prescribed by Regulation 10 of SI No 1056 of the Waste Management Licensing Regulations 1994 These landfill sites are shown on the section map as either a red hatched polygon or a red circle a landfill site is duplicated in one or more of these datasets a buffer landfill boundary or point location for the same site may not be coincidental on the section map A 2 and A 3 Waste Transfer Treatment or Disposal In addition to landfill two other types of waste disposal facility that practitioners should pay particular attention to are metal recycling sites and incinerators These sites can be ficant particularly if they have handled radioactive and toxic wastes Incinerators may affect surrounding air quality through release of emissions from the chimney and once closed incinerators have specific contaminants such as ash and waste water which should be properly removed or rendered harmless Waste transfer and treatment stations although usually posing a lower risk than landfills incinerators or metal recycling sites can also be significant Th
36. ing is given The possible ratings are High Medium Low Negligible May Become Isolated No Data Available Flood information is not mapped How do proceed now The Homecheck Professional Environmental Report constitutes what is known as a desk study occasionally known as a screening report which is an information gathering source The information revealed in the search report is a starting point for further investigation It cannot give definitive answers to what problems actually affect individual properties Specifically in relation to the risk of contaminated land every Homecheck Professional Environmental Report contains a risk assessment including the professional opinion of a Environmental Consultant to assist the practitioner in this decision making process In accordance with the Law Society Guidance the practitioner will now need to discuss the implications of the information provided with the client and others involved in the purchase transaction including lenders and other professionals to decide how best to proceed home Environmental check Report A Landmark service 6 3 6 4 6 5 Essentially the Report will show either No identifiable problem Certificate issued Further investigation may be necessary Certificate Refused No identifiable problem Certificate issued 6 4 1 In many cases the search will reveal no entries of any concern whatsoever and the practitioner can advise the
37. ing large transfer stations Factory or works use not specified Factory amp works use not specified General quarrying Quarrying of all stone including limestone gypsum chalk amp slate amp ores includes all open cast mining amp slant workings also slate slab works flint works stone yards Glass amp glass products excluding flat glass manufacture Flat glass amp glass products manufacture Heap unknown constituents Must be associated with relevant extraction industry including spoil amp slag Heavy product manufacture rolling amp drawing of iron steel amp ferroalloys Heavy product manufacture rolling amp drawing of iron steel amp ferroalloys includes major tube works Machinery engines building amp general industrial manufacture Manufacturing of engines building amp general industrial machinery including nuts amp bolts gas fittings wire rope amp ordnance accessories Metal casting foundries Furnaces amp metal processing casting forges smelting including ferro amp aluminum alloys manganese works etc Metals treatment amp coating including electroplating Electro plating galvanising amp anodizing Military land All military establishments including firing ranges if not specified as civilian ae i Mineral products non metallic including abrasives amp asbestos Abrasives asbestos etc miscellaneous manufacture Mineral railway Mineral railways Mining amp quarrying general Ar
38. ion Level The data set allows an estimate to be made of the probability that an individual property in England and Wales is at or above the Action Level for radon The Health Protection Agency defines Radon Affected Areas as those with 1 chance or more of a house having a radon concentration at or above the Action Level The Health Protection Agency recommends that people in Affected Areas should test their homes for radon The Radon Potential data set also provides informatio on the level of protection required for new dwellings under BR211 1999 Radon guidance on protective measures for new dwellings Where it is estimated that the radon concentration in 3 or more of homes exceeds the Action Level basic protective measures need to be installed in new dwellings and extensions to existing ones Where it is estimated that the radon concentration in 10 or more of homes exceeds the Action Level full protective measures need to be installed Whether or not a home is in fact above or below the Action Level can only be established by having the building tested This data is sourced from public registers which are visited annually This data covers consents that have been issued by the Environment Agency and the Scottish Environment Protection Agency under the Control of Pollution Act COPA 1974 and Section 36 of the Environmental Protection Act EPA 1990 This data relates to open and closed sites licensed for the landfill of wast
39. k Professional Environmental Report telling me The report will include information from a number of statutory and non statutory sources and site history as determined by an analysis of historical Ordnance Survey maps dating from the 1850 s The report provides a professional opinion on the likelihood of the property being described as contaminated land as defined by section 78 A 2 of part IIA of the Environmental Protection Act 1990 The report also gives contact details of the organisations where further information may be obtained home Environmental check Report professional A Landmark service 5 2 5 3 5 4 5 5 5 6 5 7 5 8 5 9 5 10 Sitescope has agreements for the supply or collection of data with a number of national data providers Notably Sitescope is a Licensed Partner of Ordnance Survey and a Value Added Reseller for the Environment Agency the Coal Authority and British Geological Survey The currency of the datasets used is determined by the frequency of updates by the data providers under their respective agreements with Sitescope Any person relying on a Homecheck Professional Environmental Report must comply with the attached Terms and Conditions The replies in the Homecheck Professional Environmental Report will be given in the belief that they accord with the data sets and update cycles listed in Appendix 3 but on the understanding that Sitescope is not legally responsible for them e
40. llution incident data Agency Register that the Agency has deemed closed The records relate to specific events which have been brought to the attention of the Agency and fall within their responsibility given that they may have an environmental and or operational impact Incidents are based on reports from members of the public emergency services local authorities government departments other regulators industry and agency staf f Examples may include reports that may affect land air and water fish kills illegal abstraction low river flows speeding vessels and flooding Public register information is provided by regional offices and incidents are supplied ready geo coded based on 1 10 000 mapping The system is two tier in nature looking at environmental protection and water management Incidents are graded from category 1 Major Incident to category 4 No Impact An impact category must be assigned for each af fected environmental media air land and water An impact level is assigned to a particular incident but is determined by the maximum severity affecting one of the three media Currently this data is only available for England and Wales Water Industry Act The Environment Agency is given powers to Environment Point amp Text From 1991 Quarterly Referrals regulate some discharges to public sewers or certain Agency dangerous substances under the W ater Industry Act 1991 WIA 91 These powers and the Regulations SI
41. lly contaminative land uses that have been identified by the analysis of selected Ordnance Survey historical mapping A Landmark service 5 13 5 14 6 2 home Environmental check Report Section C of the Report contains Enquiries concernin Mining and Radon relating to the following Areas affected by coal mining Coal Authority Radon Affected Areas Health Protection Agency HPA amp BGS Radon Protective Measures for new dwellings or extensions HPA amp BGS Section D of the Report contains Enquiries Concerning Natural Perils relating to the following The potential for the search area to be affected by flooding from rivers taking flood defences into account RMS The potential for the search area to be affected by flooding from rivers assuming the absence of flood defences RMS The potential for the search area to be affected by surface water flooding RMS The risk of potential tidal flooding Norwich Union The replies given on areas of potential flooding from rivers and surface water are based on data from Risk Management Solutions Inc Modelling of 1 in 75 1 in 100 and 1 in 1000 year risk is used to arrive at a Yes or No answer to questions D 1 1 D 1 2 and D 1 3 based on the worst case Question D 1 4 identifies if the area within 250 metres from the centre of the search is potentially affected by tidal flooding If the potential for tidal flooding is identified a property specific flood risk rat
42. lygon amp Disposal Sites have been issued by the Environment Agency under Text the Control of Pollution Act COPA 1974 and Section 36 of the Environmental Protection Act EPA 1990 This data set comprises details of open and closed sites licensed for waste treatment or disposal Shallow Mining This assessment is based on data produced by the British Geological Polygon amp From 1994 Bi annually Hazard British Geological Survey BGS using the latest Survey Text geological mapping information and interpretation by BGS geologists Maps of shallow mining hazard are derived from 1 50 000 and 1 250 000 geological maps plus analysis of historical mine plans enhanced by local geological knowledge built up during detailed geological mapping This assessment takes into account many types of mining in addition to coal such as ironstone or limestone extraction Shallow mining has been de fined as workings within 40 metres of the ground surface and does not include deeper mine workings Shallow mine workings may have a greater potential for generating ground movement at the surface than deeper workings Although mining hazard can cause the ground movement it will not necessarily cause building movement as this depends on the type and age of the building in the area of search Substantiated This data is derived from public register information Environment Point amp Text From 2001 Quarterly Pollution Incident and related to substantiated po
43. m tank discharges or septic tanks 15 Environmental Report A Landmark service A 11 Contaminated Land Register Entries and Notices Part IIA Sites This section includes details of any contaminated land within the meaning of Part IIA of the Environmental Protection Act 1990 that has been identified within the search area These will be categorised as Sites identified as contaminated Sites identified as Special Sites Sites identified as contaminated but now remediated A 12 Contraventions This section includes details of any enforcements prohibitions or prosecutions relating to section A or any substantiated pollution incidents Section B Enquiries Concerning Site History B 1 Past Industrial Land Use The information given in this section relates to potentially contaminative land uses that have been identified by the analysis of Ordnance Survey historical mapping See Appendix 2 The Homecheck Professional Environmental Report uses Landmark s site history information which is drawn from a series of up to six historical map editions identifiying features within 250 metres of the centre of the search area The first of these Ordnance Survey maps with a source scale of 1 10 560 will be the earliest County Series map of the site and is likely to date from between 1850 and 1890 The subsequent maps follow at approximately 30 year intervals Landmark are unique in having completed this analysis for
44. n the treatment of timber dioxins and chlorine compounds to land and toxic gases such as formaldehyde to the air If a licence for an industrial process has been identified the Report will disclose the type of 13 A Landmark service risk Report The Environmental Report A 5 Radioactive Substances The keeping use accumulation and disposal of radioactive substances in Great Britain is regulated by the Radioactive Substances Act 1993 RSA1993 The main purpose of this Act is to provide radiation protection to members of the public If managed correctly and regulations are not breached most RSA sites should pose a low Radioactive licences fall into four Consent Bands RAS 1 Large nuclear installations that both store and re process nuclear fuels on site e g Sellafield RAS 2 Large nuclear installations that both store and process nuclear fuels on site e g nuclear power stations RAS 3 Registered sites that are authorised to accumulate and dispose of radioactive materials Only non nuclear operations are carried out on site e g hospitals RAS 4 Registered sites that keep and use radioactive material e g mobile laboratories universities for use in monitoring appliances alarm systems tritium lighting and industrial plants Only non nuclear operations are carried out on site Only band 1 and 2 consents are included in the Homecheck Professional Environmental If a licence for a radioactive substance has be
45. onmental Protection Act EPA 1990 If the Environment Agency believes that the conditions of an authorisation have been breached it can serve an enforcement notice on the operator which requires remediation of the situation within a specified time If the situation involves imminent risk of serious pollution of the environment a prohibition notice may be served requiring immediate closure of the process It is an of fence to operate a prescribed process without an authorisation or to contravene conditions of an enforcement notice without reasonable excuse This dataset describes the surface water and major river flood hazard for 75 100 and 1 000 year return periods for England Scotland amp Vales A return period is the statistical probability of the flood happening in any given year i e a 75 year return period is a 1 in 75 chance The Risk Management Solutions RMS data model does not take into account Coastal Storm Surge Flooding Dam Failure Flooding Sewer Over flow Flooding or risk of flooding from the sea The source data is created using 0 0005 decimal degree grid cells projected using WGS84 Lat Long Landmark has translated the data into British National Grid as a result of the translation the data does not appear as a regular grid Due to this re projection cell sizes will vary across the country Two types of major river flood hazard classification are used defended and undefended The defended data ass
46. open or closed landfill sites collected from the public registers In the case of this data set where no boundary is available approximate positions of the sites have been supplied using a grid reference point At present no complete national data set exists for landfill site boundaries therefore a point grid reference provided by the data supplier is used for some landfill sites In certain cases the point grid references supplied provides only an approximate position and can vary from the site entrance to the centre of the site Where the exact position of the site is unclear Sitescope construct either a 100 metre or 250 metre buffer around the point to warn of the possible presence of landfill The size of this buffer relates to the positional accuracy that can be attributed to the point grid reference of the site On the section map registered landfills are shown as a green square or a green hatched polygon Buffers are shown as a blue hatched circle Records from the British Geological Survey showing over 3 000 old landfill sites which were operating at the time of the Control of Pollution Act COPA 1974 and would therefore not have been subject to any strict regulation or monitoring Most BGS landfill sites have boundaries which are shown as an orange hatched polygon on the section map Where no boundary is available these sites are shown as an orange triangle 12 A Landmark service active Where s
47. pdate Cycle Section Fuel Station This data is geo coded by Landmark and comprises Catalist Point amp Text From 1997 Quarterly Entries records held on the Catalist fuel database which provides the location of petrol stations diesel stations hypermarkets etc throughout Great Britain The data set includes information on the status of the site whether it is active and the brand of petrol sold Historical Tanks This data set contains facilities related to petroleum Landmark From 2003 Not Applicable And Energy and energy storage including tanks petrol storage Facilities potential tanks electricity sub stations and related features gas and gas monitoring related features oil related features and miscellaneous power features It been captured from post war 1 2500 and 1 1250 Ordnance Survey historical mapping covering a period from 1943 to 1996 Integrated This data is geo coded by Landmark and comprises Environment Point amp Text From 1991 Quarterly Pollution Control of records maintained under the EP A Prescribed Agency Processes and Substances Regulations 1991 under Integrated Pollution Control IPC These regulations were progressively implemented from 1 April 1991 in England and Wales These are sites where larger more polluting industries hold authorisations to emit discharges direct to land water or air Applications for authorisation under IPC must consider the full impact of all releases to air water and lan
48. plans to be kept up to date and regularly tested 14 A Landmark service above to home Environmental check Report Under the Control of Major Accident Hazards COMAH Regulations 1999 sites storing specified amounts of hazardous substances and those carrying out particularly toxic or hazardous activities must provide information to the public on the nature of the hazard and action to be taken in the event of an accident The regulations mainly apply to chemical and petrochemical industries and to those that produce or use substances with flammable toxic or explosive properties The Explosives Act 1875 and 1923 controls the registration storage and supply of various categories of explosive substances to ensure public safety and security For example the legislation would control the storage of high explosives in a magazine All premises where explosives are stored must be registered By far the largest proportion of such premises are used for the storage of fireworks Homebuyers will wish to know if such substances are being stored close to the home and if they are being managed effectively If such a use has been identified the Report will disclose the type of site and the Contacts section can be used if any further enquiries need be made A 9 Emissions to Air If operated according to regulations any emissions to the air should present a low risk to health However where sites are not operated correctly such emission
49. recently current waste management licence by Agency Facilities the Environment Agency under Section 64 of the Locations Environmental Protection Act 1990 Part Il and prescribed by Regulation 10 of SI No 1056 the Waste Management Licensing Regulations 1994 Currently this data is only available for England and Wales Local Authority This data is collected collated and geo coded by Local Authorities Point amp Text Integrated Landmark and comprises Local Authority Integrated Pollution Pollution Prevention and Control LAIPPC records Prevention and maintained under the Pollution Prevention and Control Control Act 1999 The system of Local Authority Integrated Pollution Prevention and Control LA IPPC applies an integrated environmental approach to the regulation of certain industrial activities A2 installations It involves determining the appropriate controls for industry to protect the environment through a single permitting process This means that emissions to air water including discharges to sewer and land plus a range of other activities with an environmental impact must be considered together IPPC aims to prevent emissions and waste productio and where that is not practicable reduce them to acceptable levels The Environment Agency regulates the Integrated Pollution Prevention and Control IPPC regime which covers A1 installations Local authorities regulate the regimes LAIPPC A2 installations and Local Authorit
50. rm the lender what further steps are being taken by the borrower and ask the lender what if any further enquiries the lender requires The report should be kept with the title deeds along with other important documentation 10 professional A Landmark service Appendix 1 Specific issues in relation to the report Section A Enquiries of Statutory Registers The four Land 13 000 home Environmental check Report A 1 1 and A 1 2 Landfill landfill information in the Homecheck Professional Environmental Report comes from sources Records collated by Landmark sourced from individual Local Authorities that were able to provide information on sites operating prior to the Control of Pollution Act 1974 COPA Landfill is shown as both points and boundaries Sitescope s own database containing over 13 000 open or closed landfill sites collected from the public registers Landfill is shown as both points and boundaries Records from the British Geological Survey showing over 3 000 old landfill sites which were operating at the time of the Control of Pollution Act 1974 COPA and would therefore not have been subject to any strict regulation or monitoring Landfill is shown as both points and boundaries Latest information from the Environment Agency showing the boundaries or point locations of over 2 500 current licensed landfill sites in England and Wales General Information fill is well established as
51. rs amp primary cells manufacture Batteries accumulators primary cells electric motors generators amp transformers Brewing amp malting Brewing amp malting Cement lime amp plaster products manufacture Concrete cement lime amp plaster products also includes lime kilns Cemetery or graveyard Cemetery modern burial grounds amp graveyards Chemical manufacturing general Manufacture of cosmetics manure fertilisers amp pesticides detergents oil organic based pharmaceuticals glues gelatines recording tapes photographic film Clay bricks amp tiles manufacture Manufacture of clay bricks breeze blocks amp tiles including associated activities e g brick fields also solitary kilns other than lime kilns Coal storage amp depot Coal storage depot Constructional steelwork metal structures amp products amp building materials Constructional steelwork metal structures amp products amp building materials manufacture Distribution telecoms medical navigation metering amp lighting equipment Manufacturing of distribution telecoms medical navigation metering amp manufacture lighting Disturbed ground Disturbed ground greater than 200m in one dimension Domestic appliances manufacture Manufacturing of domestic appliances Dyes amp pigments manufacture Dye amp pigments Electricity production amp distribution including large transformers Electricity generation amp distribution includ
52. s can pose increased risks to health Air pollution has been linked to respiratory diseases such as asthma and a recent study at the University of Birmingham indicates that early exposure to toxic pollutants even in the womb can be a serious health risk Children and elderly people are most at risk If a licence for a discharge to air has been identified the report will disclose the licence details Use the Contacts section should further enquiries need to be made A 10 Discharges to Water The most toxic substances are controlled by Water Industry Act Referrals The list of substances is given in the Environmental Protection Prescribed Processes and Substances Regulations 1991 and consists of substances considered to be so toxic that priority should be given to eliminating pollution by them Other discharge consents are granted with conditions set by the Environment Agency under Section 84 1 of the Water Resources Act 1991 In considering whether or not to grant consents the Environment Agency has to take into account whether statutory water quality objectives will be met likely deterioration in water quality downstream and possible effects on other water uses downstream Conditions are attached to consents in order to minimise affects Such conditions may be related to discharge quantity steps to minimise affects of pollution sampling facilities and requiring records to be maintained Other discharge consents could include stor
53. s compiling and or selling search reports have to meet This information is designed to introduce the Search Code to you By giving you this information Landmark Information Group is confirming that they keep to the principles of the Search Code This provides important protection for you The Code s main commitments The Search Code s key commitments say that search organisations will e Provide search reports which include the most up to date available information when compiled and an accurate report of the risks associated with the property Deal promptly with queries raised on search reports Handle complaints speedily and fairly At all times maintain adequate and appropriate insurance cover to protect you Act with integrity and ensure that all search services comply with relevant laws regulations and industry standards Keeping to the Search Code How search organisations maintain compliance with the Search Code is monitored independently by the Property Codes Compliance Board PCCB If you have a query or complaint about your search you should raise it directly with the firm and if appropriate ask for your complaint to be considered under their formal internal complaints procedure If you remain dissatisfied with the firm s final resolution after your complaint has been formally considered or if the firm has exceeded the response timescales you may refer your complaint to the Independent Property Codes Adjudication Scheme I
54. ssional Environmental Report A Homecheck Professional Environmental Report can be ordered by using one of our order forms or alternatively via our website at www homecheckpro co uk To obtain an order form or register for an account to order online please contact Landmark Information Group Limited Legal amp Financial The Smith Centre Fairmile Henley on Thames RG9 6AB Telephone 0844 844 9966 Fax 0844 844 9980 DX 154400 Henley on Thames 2 E mail helpdesk landmarkinfo co uk Internet www homecheckpro co uk A separate search should be made for each individual property having a different postal address Order forms should be completed by including The full postal address and postcode of the property The name and Document Exchange DX number if applicable of the practitioner The practitioner s file reference and telephone number A plan of the property see paragraph 4 4 below If you are using an order form it is requested that a plan showing the location of the property is enclosed with your order If a plan is not supplied there may be difficulties in identifying the location of the property and this may introduce a delay In normal circumstances a Homecheck Professional Environmental Report will be despatched to the practitioner within 24 to 48 hours of the receipt of the order The Homecheck Professional Environmental Report is also available electronically normally within 24 hours What is my Homechec
55. tal Report will give the practitioner as much information as is currently economically available in an accurate and dependable form on which to base the discussions and advice to their client Furthermore the Homecheck Professional Environmental Report removes the burden of interpretation of the information disclosed in respect of contaminated land by incorporating a risk assessment that includes a certificate covering the risk of the property being classed as contaminated within the meaning of the current legislation When should I get a Homecheck Professional Environmental Report A Homecheck Professional Environmental Report should be obtained in connection with any dealing or valuation to do with domestic property including purchase mortgage or further advance or before any domestic building work such as self build or an extension is undertaken The report should be obtained before exchange of contracts or any other form of binding obligation The Homecheck Professional Environmental Report is intended for individual domestic properties only If significant development of the property is intended or if the practitioner is acting in a commercial transaction a more detailed site specific search can be obtained from Sitescope or from Sitescope s resellers or agents me Environmental ho professional check Report A Landmark service 4 4 1 4 2 4 3 4 4 4 5 4 6 5 1 How do I get a Homecheck Profe
56. tended to inform that discussion and provide guidance to the advisor in that situation on how to progress the matter speedily efficiently and cost effectively It is intended that this Guide is regularly updated to keep pace with the rapid changes to the conveyancing process and to reflect the role which accurate and dependable environmental information plays in that process Copies of this Guide are available free of charge from www homecheckpro co uk Alternatively call the Homecheck Professional Environmental Report helpline on 0844 844 9966 or email helpdesk landmarkinfo co uk For further information on any of the topics raised in this Guide the practitioner is referred to any of the available textbooks on the subject such as The Law Society s Conveyancing Handbook Law Society Publications The Law Society s Environmental Law Handbook Law Society Publications Environmental Law in Property Transactions Butterworths Guide to Contaminated Land Blackstones Why should I get a Homecheck Professional Environmental Report A commonly held misconception is that conveyancing transactions have been carried out for decades without any serious environmental problems arising Practitioners now need to be concerned about the environmental issues underpinning a property purchase There have been a number of instances where serious problems have arisen and it will have been apparent to most practitioners at least since the introduction in
57. tested The list of noti fiable substances is divided into speci fically named substances Notification is required for all sites on land as well as jetties piers and other structures in UK inland waters proposing use of such substances This data is collected collated and geo coded by Landmark The records relate to consents granted under the Planning Hazardous Substances Act 1990 as amended for England and Wales The regulations require a consent to be granted by the Local Authority for sites where the storage of certain hazardous substances is above the speci fied or controlled quantity This data is collected collated and geo coded by Landmark The records relate to consents granted under the Planning Hazardous Substances Act 1990 as amended for England and Wales If the conditions set in consents are breached the authority serves an order or enforcement notice on the relevant party Enforcement notices may reinforce an existing condition or require the operator to remedy the cause of the breach within a speci fied period Once the enforcement conditions are met the authority has powers to withdraw the notice From historical mapping dating back to the middle of the 19th century Landmark s Systematic Analysis has identified areas where historically the land uses were potentially contaminative This is drawn from a series of up to six historic map editions up to four Ordnance Survey 1 10 560 County Series Maps usu
58. the whole of mainland Great Britain The data that Landmark have collected is also unique in that it is site specific point line and polygon data which is accurately geo referenced to the Ordnance Survey National Grid Landmark s analysis has identified approximately 400 000 sites in Britain which were formerly used for industrial purposes and a further 275 000 sites which may have been infilled It is difficult to assess the risk from specific past land uses and some sites may have had multiple uses It is possible for a consultant to make a good general risk assessment If potentially contaminative past land uses have been identified the report will disclose the type of land use the published date range of dates of the map s together with the distance and direction from the centre of search to the nearest point of the feature These past land uses or site history are shown on the section map Large sites i e in excess of 100 metres in any direction are shown as a site polygon Smaller sites i e less than 100 metres in any direction are shown as single points 16 Environmental Report A Landmark service The category Works Unspecified has been used for any building shown on the historical mapping which has symbology relating to industrial use or the text Works on the map No further information is available from the mapping Further information may be sourced from cross referencing the area with historical tra
59. umbers sizes dates of testing and details of any past leaks or problems If nearby industrial sites have been identified the report will disclose the details of the site Section C Enquiries Concerning Mining and Radon C 1 Coal Mining Areas These replies are intended to help the practitioner decide if a coal mining search is required Many areas are affected by past present or future surface or underground coal mining activities Coal mining is a potentially contaminative land use In a coal mining area there may be the risk of subsidence and the danger of collapse from old mine workings There may also be the risk of emissions of mine gas and discharges of contaminated mine water The Law Society produces a directory of the cities towns and villages in Great Britain that may be affected by mining activity The replies given on whether or not the property being searched is in a coal mining area are based on map data from the Coal Authority This data is made up of 1km areas which may be affected by past current or proposed underground or surface coal mining activity Every Homecheck Professional Environmental Report is located accurately on the subject property Because we compare this accurate location with the Coal Authority map data the Homecheck Professional Environmental Report can reliably determine if a coal mining search is required If the property is identified as being within a coal mining area it is advisable to obtain
60. umes any flood defences present withstand the flood heights for which they were designed The undefended data assumes that no flood defences are present representing the possible outcome if any defences which are present are breached entirely The defended dataset makes certain assumptions about flood defences around Great Britain RMS state these assumptions take into account EA defences the government defence assumptions from DEFRA other literature and discussions with the EA especially around river flood defences in London and the impact of tidal defences along the river including the Thames barrier This data has flood depth information grouped into four bands 0 200mm 201 500mm 501 2000mm 2 000mm and over Surface water flood hazard is defined in this context as flooding from minor rivers water flowing across the ground or raised groundwater levels The surface water hazard does not make any account for any flood defences which may be present Data Type Data Range Point amp Text From 1950 Dependent upon the area of the country Various Point amp Text From 1990 Environment Agency Risk Management Polygon Not Applicable Solutions Inc amp Text Section A11 Update Cycle Quarterly As notified As Notified 23 home Environmental check Report A Landmark service Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Remarks Source Data Type Data Range U
61. use and the date of mapping Historical Tanks and Energy Facilities The information in this data set relates to the location of Historical Tanks and Energy Facilities identified from Ordnance Survey historical mapping These have been captured as point locations from a variety of large scale mapping based upon a predetermined list of text The features themselves are related to energy and petroleum storage The types of text found on the maps have been categorised into 9 types of information relating to tanks and energy and fuel use These types are Tanks Potential Tanks Petroleum Storage Facilities Oil Industry Facilities Gas Industry Facilities Gas Monitoring Facilities Electricity Industry Facilities Electrical Sub Station Facilities Miscellaneous Power Facilities NB It should be noted that as the Ordnance Survey abbreviation for tank tk is the same as that for track it is possible that some of these points may have been captured when the feature is undetermined by symbology The position of the point has been located at the centre of the identified feature text to ensure that the point would be within approx 30 metres of the feature it was describing 17 Environmental Report A Landmark service The analysis has identified over 390 000 features in Britain If Historical Tanks and Energy Facilities have been identified the report will disclose the published date range of dates of the map s and the distance from t
62. xcept as detailed in the Terms and Conditions which may vary from time to time You should also note the following This report incorporates flood data and information in relation to flood risk Information licensed by Risk Management Solutions Inc RMS to Landmark Information Group Ltd Landmark RMS is not engaged in the insurance real estate finance or related industries The Information provided is not intended to constitute professional advice or an endorsement by RMS of any kind regarding the use and suitability of the Information The Information is based on the scientific data mathematical and empirical models and encoded experience of scientists and engineers and is inherently imprecise The Information is being provided as is without any warranty of any kind RMS disclaims all representations and warranties express or implied including but not limited to implied warranties of merchantability non infringement and fitness for a particular purpose or any warranties as to the accuracy completeness reliability or certainty of the Information You rely on the information solely at your own risk RMS specifically disclaims any and all obligations and liability with respect to any decisions or advice made or given as a result of the Information In no event shall RMS or its parent subsidiary or other affiliated companies be liable for any direct indirect special incidental or consequential damages including loss
63. y Pollution Prevention and Control LAPPC Part B installations Together the three systems described above will gradually replace the pollution control regime set up under Part of the Environmental ProtectionAct 1990 This will be completed by the end of 2007 In the case of England and Wales this data is sourced From 2004 Annually solely from Local Authorities Local Authority This data is collected collated and geo coded by Local Authorities Point amp Text From 1991 Annually AQ Pollution Landmark Prevention and The records relate to authorisations granted under Control the Environmental Protection Act 1990 and permits issued under the Pollution Prevention and ControlAct 1999 Processes for which consent is required are specified in the legislation and are separated into Part A and Part B processes LocalAuthority Pollution Prevention and Control LAPPC are Part B processes In England and W ales Local Authorities regulate LAPPC Local Authority This data is collected collated and geo coded by Local Authorities Point amp Text From Annually Pollution Landmark Point amp Text December Prevention The records relate to enforcements that have 2000 and Control been served on authorisations granted under the Enforcements Environmental Protection Act 1990 and permits issued under the Pollution Prevention and ControlAct 1999 Processes for which consent is required are specified in the legislation and are separated into Part A

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