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Homecheck Professional Environmental Report User Guide

1. 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 7 Homecheck If a landfill site is identified 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 If the 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 au
2. 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 2A of the Environmental Protection Act 1990 It may also have records of the steps taken by a developer 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 knowin
3. Relating to actions brought under the provision of the Water Controlled Waters Resources Act 1991 Radon Potential This data set created jointly by the Health Protection British Geological Polygon amp Not Applicable As notified C2 C3 Agency HPA and the British Geological Survey Survey BGS and Text BGS provides the current definitive map of Radon Health Protection Affected Areas in England and Wales Agency HPA 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 Action 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 information on the level of protection required for new dwellings under BR211 1999 Radon guidance on protective measures for
4. 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 7 Homecheck 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 active landfill sites by the Environment Agency under Section 64 of the Environmental Protection Act 1990 Part 2 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 Where 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 Section A 1 3 Historical Landfill Sites This section comprises of records from the Environment Agency representing historic closed landfill sites where there is no PPC permit or waste management licence in force sites where the licence has been revoked ceased to exist or surrendered and a certificate of completion has been issued and si
5. 400 different 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 Accident Hazards sites registered under the Control of Major Accident Executive HSE Sites Hazards COMAH Regulations 1999 The Health and COMA 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 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 This legislation replaces the Control of Industrial Major Accident Hazards COMAH Regulations 1984 22 4 Homecheck Part of Landmark Information Group Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Remarks Discharge Conse
6. From 1991 Quarterly From 1991 Quarterly From May Quarterly 2001 Polygon amp Text From 1974 Quarterly Quarterly Environment Point amp Text Agency Environment Point amp Text Agency Environment Point amp Text Agency Environment Agency 24 4 Homecheck Part of Landmark Information Group Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Licensed Waste Management Facilities Locations Local Authority Integrated Pollution Prevention and Control Local Authority Pollution Prevention and Control Local Authority Pollution Prevention and Control Enforcements Local Authority Recorded Landfill Sites Remarks This data covers consents issued for current or recently current waste management licence by the Environment Agency under Section 64 of the Environmental Protection Act 1990 Part 2 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 This data is collected collated and geo coded by Landmark and comprises Local Authority Integrated Pollution Prevention and Control LAIPPC records maintained under the Pollution Prevention and 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
7. LAPPC This data is collected collated and geo coded by Landmark The records relate to enforcements that have been served on authorisations granted under the Environmental Protection Act 1990 and permits issued under the Pollution Prevention and Control Act 1999 Processes for which consent is required are specified in the legislation and are separated into Part A and Part B processes Local Authority Pollution Prevention and Control LAPPC are Part B processes The data is limited to England and Wales and has been collected from Local Authority public register records since December 2000 where available This data is sourced from individual Local Authorities that were able to provide information on sites operating prior to the introduction of the Control of Pollution Act 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 Source Environment Agency Local Authorities Local Authorities Local Authorities Point amp Text Landmark Data Type Data Range Update Cycle Point amp Text From 1974 Quarterly Point amp Text Point amp Text Point or Polygon amp Text From 1991 From December
8. Part of Landmark Information Group Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Remarks Fuel Station Entries This data is geo coded by Landmark and comprises 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 And Energy Facilities This data set contains facilities related to petroleum and energy storage including tanks petrol storage 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 Historical Landfill Sites This dataset contains sites that were collated as part of the Environment Agency s EA Historical Waste Data Project to enable the most comprehensive and consistent national dataset of all Agency known historical Landfill sites covering the regions of England and Wales Integrated Pollution Control This data is geo coded by Landmark and comprises of records maintained under the EPA Prescribed Processes and Substances Regulations 1991 under Integrated Pollution Control IPC These regulations were progressively implemen
9. industries The Information provided is not intended to constitute professional advice or an endorsement by JBA of any kind regarding the use and suitability of the Information The Information is being provided as is without any warranty of any kind JBA 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 JBA 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 JBA or its parent subsidiary or other affiliated companies be liable for any direct indirect special incidental or consequential damages including loss 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 55 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 Ho
10. 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 to 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 emissions 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 gi
11. middle Landmark Point Polygon From 1850 Not Applicable Land of the 19th century Landmark s Systematic Analysis amp Text Department has identified areas where cavities and Ordnance Survey Point Polygon From 1850 Not Applicable 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 4 Homecheck Part of Landmark Information Group Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Remarks Source Data Type Data Range Update Cycle Section Prosecutions This data set is geo coded by Landmark and Various Point amp Text From 1991 As notified A13 Relating to contains any prosecutions relating to IPC authorised Authorised processes which are brought under Section 23 1 of Processes 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 It is an offence to operate a prescribed process without an authorisation or to contravene its conditions Prosecutions This data set is geo coded by Landmark and includes Various Point amp Text From 1996 As notified A13
12. 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 Registered This data is sourced from public registers which are Landmark Point or From 1976 Annually Landfill Sites visited annually This data covers consents that have Polygon amp been issued by the Environment Agency and the Text 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 waste Registered This data set is geo coded by Landmark and refers to Environment Point amp Text From 1991 Quarterly Radioactive Licences granted under the Radioactive Substances Agency 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
13. 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 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
14. 2000 From 2001 Annually Annually Not Applicable Section Point amp Text From 2004 Annually 25 4 Homecheck Part of Landmark Information Group Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Remarks Source Data Type Data Range Update Cycle Section Notification of This data is sites that come under the Notification Health and Safety Point amp Text From 1999 Not Applicable Installations of Installations Handling Hazardous Substances Executive HSE Handling NIHHS Regulations 1982 and are geo coded by Hazardous Landmark These regulations specify dangerous Substances substances and the quantities of these substances NIHHS 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 tested The list of notifiable substances is divided into specifically 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 Planning This data is collected collated and geo coded by Local Authorities Point amp Text From 1992 Annually A6 Hazardous Landmark The records relate to consents granted Substance under the Planning Hazardous Substances Act Consents 1990 as amended for England and Wales The regulations require a consent to be granted by the Local Authority for sit
15. 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 Recycling of metal waste amp scrap metal Rubber natural products manufacture Natural amp synthetic rubber products including tyres amp rubber products 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 Sewage Sewerage septic tanks includes all filter beds Spirit distilling amp compounding Spirit distilling amp compounding Tableware amp other ceramics manufacture Tableware amp other ceramics Technical amp environmental testing amp analysis Various 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 support amp cargo handling Boat building wharf amp quays cargo
16. 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 production 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 Authority 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 1 of the Environmental Protection Act 1990 This will be completed by the end of 2007 In the case of England and Wales this data is sourced solely from Local Authorities This data is collected collated and geo coded by Landmark The records relate to authorisations granted under the Environmental Protection Act 1990 and permits issued under the Pollution Prevention and Control Act 1999 Processes for which consent is required are specified in the legislation and are separated into Part A and Part B processes Local Authority Pollution Prevention and Control LAPPC are Part B processes In England and Wales Local Authorities regulate
17. Y4 Homecheck Homecheck Professional Environmental Report User Guide www homecheckpro co uk 0844 844 9966 05 11 2012 User Guide Table of Contents Introduction About this Guide 3 Why should I get a Homecheck Professional Environmental Report 3 When should 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 I 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 Y4 Homecheck 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 intended to inform that discussion and provide guidance to the advisor in that situation on how to progress the matter
18. chinery 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 Mineral products non metallic including abrasives amp asbestos Abrasives asbestos etc miscellaneous manufacture Mineral railway Mineral railways Mining amp quarrying general Areas 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 7 Homecheck Part of Landmark Information Group Appendix 2 Potentially
19. city 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 4 Homecheck Part of Landmark Information Group 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 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
20. de how best to proceed 7 Homecheck 6 3 Essentially the Report will show either No identifiable problem Certificate issued Further investigation may be necessary Certificate Refused 6 4 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 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 2A 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 clien
21. 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 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 Wales They are Contaminated Land England Regulations 2000 SSI 227 Contaminated Land Scotland Regulations 2000 SI 178 and Contaminated Land Wales Regulations 2001 WSI 2197 respectively There is also statutory guidance that complements the regulations The regulations give power to define 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 the local authorities Contemporary This represents a sub set of the Business Directory Thomson Point amp Text From 2001 Quarterly Trade Directory complied by Thomson Directories and is geo coded Directories Entries by Landmark The data set allows for comprehensive reporting with over
22. es important protection for you The Code s core principles Firms which subscribe to the Search Code will display the Search Code logo prominently on their search reports act with integrity and carry out work with due skill care and diligence at all times maintain adequate and appropriate insurance to protect consumers conduct business in an honest fair and professional manner handle complaints speedily and fairly ensure that products and services comply with industry registration rules and standards and relevant laws monitor their compliance with the Code COMPLAINTS If you have a query or complaint about your search you should raise it directly with the search firm and if appropriate ask for any complaint to be considered under their formal internal complaints procedure If you remain dissatisfied with the firm s final response after your complaint has been formally considered or if the firm has exceeded the response timescales you may refer your complaint for consideration under The Property Ombudsman scheme TPOs The Ombudsman can award compensation of up to 5 000 to you if he finds that you have suffered actual 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 TPOs or to the PCCB TPOs Contact Details The Property Ombudsman scheme Milford House 43 55 Milford S
23. es where the storage of certain hazardous substances is above the specified or controlled quantity Planning This data is collected collated and geo coded by Local Authorities Point amp Text From 1992 Annually A13 Hazardous Landmark The records relate to consents granted Substance under the Planning Hazardous Substances Act Enforcements 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 specified period Once the enforcement conditions are met the authority has powers to withdraw the notice Potentially From historical mapping dating back to the middle Landmark Point Polygon From 1850 Not Applicable Contaminative of the 19th century Landmark s Systematic Analysis amp Text Industrial Uses has identified areas where historically the land uses Ordnance Survey Point Polygon From 1850 Not Applicable Past 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 usually pre W W Il 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 Potentially Infilled From historical mapping dating back to the
24. frozen developed or otherwise has low permeability 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 This dataset is produced using Jeremy Benn Associates Ltd In house software JFlow This is a 2D hydraulic model that is designed specifically to meet the needs of broad scale modelling This dataset does not take flood defences into account JBA Tidal Flood Risk 75 200 and 1000 Year Return periods This dataset describes the tidal flood hazard for 75 200 and 1000 year return periods for England Wales and most of Scotland Tidal flooding is due to the inundation of land areas along the coast by sea waters over and above normal tidal action 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 This dataset is produced using TUFLOW and projection modelling This dataset does not take flood defences into account Source Data Type Data Range Update Cycle Section Point amp Text From 1950 Quarterly A11 Dependent upon the area of the country Various Point amp Text From 1990 As notified Environment Agency Jeremy Benn Polygon Not Applicable Annual amp Text Associates Ltd Polygon Not Applicable Annual amp Text Polygon Not Applicable Annual amp Text Jeremy Benn Associates Ltd Jeremy Benn Associates Ltd 23 7 Homecheck
25. g 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 inform 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 Y4 Homecheck Appendix 1 Specific issues in relation to the report Section A Enquiries of Statutory Registers A 1 1 A 1 2 and A 1 3 Landfill The landfill information in the Homecheck Professional Environmental Report comes from five 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 point
26. ial 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 The 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 plans to be kept up to date and regularly tested 14 7 Homecheck Under the Control of Major Accident Hazards COMAH Regulations 1999 sites storing above 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
27. ient 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 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 Y4 Homecheck 4 1 4 2 4 3 4 4 4 5 4 6 How do I get a Homecheck Professional 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 contac
28. ing to the following The potential for the search area to be affected by river surface water and tidal flooding not taking flood defences into account JBA The replies given on areas of potential river surface water and tidal flooding are based on data from Jeremy Benn Associates Ltd Modelling of 1 in 75 1 in 200 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 An answer of No data available indicates an area where there is no data coverage 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 deci
29. ions 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 Report If a licence for a radioactive substance has been 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 industr
30. le Section Point or From 1976 Annually Polygon amp Text Polygon amp From 1994 Bi annually Text Point amp Text From 2001 Quarterly Point amp Text From 1991 Quarterly 28 4 Homecheck Part of Landmark Information Group Appendix 4 The Search Code SearchCode IMPORTANT CONSUMER PROTECTION INFORMATION This search has been produced by Landmark Information Group Ltd Imperium Imperium Way Reading Berkshire RG2 OTD Telephone 0844 844 9966 Fax No 0844 844 9980 e mail helpdesk landmark co uk which is registered with the Property Codes Compliance Board PCCB as a subscriber to the Search Code The PCCB independently monitors how registered search firms maintain compliance with the Code The Search Code e provides protection for homebuyers sellers estate agents conveyancers and mortgage lenders who rely on the information included in property search reports undertaken by subscribers on residential and commercial property within the United Kingdom e sets out minimum standards which firms compiling and selling search reports have to meet e promotes the best practice and quality standards within the industry for the benefit of consumers and property professionals e enables consumers and property professionals to have confidence in firms which subscribe to the code their products and services By giving you this information the search firm is confirming that they keep to the principles of the Code This provid
31. ly 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 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
32. m 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 Historical Landfill sites the Environment Agency 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 discharges 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 E
33. mecheck 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 5 6 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 5 7 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 5 8 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 5 9 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 the event of any doubt as to the correct location the practitioner should raise this immediately with the agent Enquiries and Replies 5 10 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 7 Homecheck 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 fro
34. n 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 HPA measurement data It should be noted that in the case of new dwellings or extensions to existing ones areas 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 D 1 Flooding The replies given on areas of potential river surface water and tidal flooding are based on data from Jeremy Benn Associates Ltd which models 1 in 75 1 in 200 and 1 in 1000 year risk If 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 Flood report 19 4 Homecheck Part of Landmark Information Group 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 Cemetery modern burial grounds amp graveyards Chemical manufacturing ge
35. 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 7 Homecheck 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 trade 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
36. neral 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 greater than 200m in one dimension 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 includes major tube works Machinery engines building amp general industrial manufacture Manufacturing of engines building amp general industrial ma
37. nts For England and Wales 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 effects 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 Enforcement and Prohibition Notices 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 Environmental 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 no
38. nvironment Agency Contaminated Land Register Entries and Notices Part 2A 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 potentially contaminative land uses that have been identified by the analysis of selected Ordnance Survey historical mapping Y4 Homecheck 5 13 5 14 6 1 6 2 Section C of the Report contains Enquiries concerning 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 relat
39. oal 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 a coal mining Report Contact the Coal Authority using the Contacts section in the report 18 Y4 Homecheck 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 give
40. of certain substances and to render such substances harmless Authorised process operators are required to submit an annual emissions report Integrated Pollution Prevention and Control This data is geo coded by Landmark and comprises of records maintained under the Integrated Prevention Pollution and Control Act 1999 This applies to processes once classified as Integrated Pollution Control and Local Authority Air Pollution Control under Part 1 and Part 2 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 Wales this data is solely sourced from the Environment Agency This data covers consents for landfill sites issued by the Environment Agency under Section 64 of the Environmental Protection Act 1990 Part 2 and 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 Licensed Waste Management Facilities Landfill Boundaries Source Data Type Section Point amp Text Data Range Update Cycle From 1997 Quarterly From 2003 Not Applicable Catalist Landmark Environment Agency Point Polygon amp Text Not Applicable
41. opinion on the likelihood of the property being described as contaminated land as defined by section 78 A 2 of Part 2A of the Environmental Protection Act 1990 The report also gives contact details of the organisations where further information may be obtained 7 Homecheck Part of Landmark 5 2 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 5 3 Any person relying on a Homecheck Professional Environmental Report must comply with the attached Terms and Conditions 5 4 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 except 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 Jeremy Benn Associates Ltd JBA to Landmark Information Group Ltd Landmark JBA is not engaged in the insurance real estate finance or related
42. or visiting forces or the Secretary of State for Defence Registered Waste This data is sourced from public registers which are Landmark Point or From 1976 Annually Transfer Sites visited annually This data set covers consents that Polygon amp 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 relates to open and closed sites licensed for waste transfer 7 Homecheck Part of Landmark Information Group Appendix 3 Data Sets used in the Homecheck Professional Environmental Report Registered Waste Treatment or Disposal Sites Shallow Mining Hazard Substantiated Pollution Incident Register Water Industry Act Referrals Remarks 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 set comprises details of open and closed sites licensed for waste treatment or disposal This assessment is based on data produced by the British Geological Survey BGS using the latest 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 kn
43. owledge 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 defined 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 This data is derived from public register information and related to substantiated pollution incident data 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 staff 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 wate
44. r management Incidents are graded from category 1 Major Incident to category 4 No Impact An impact category must be assigned for each affected 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 The Environment Agency is given powers to regulate some discharges to public sewers or certain dangerous substances under the Water Industry Act 1991 WIA 91 These powers and the Regulations SI 1156 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 Source Landmark British Geological Survey Environment Agency Environment Agency Data Type Data Range Update Cyc
45. s and boundaries Latest information from the Environment Agency showing the boundaries or point locations of over 15 000 licensed waste sites in England and Wales Historical Landfill sites from the Environment Agency including closed landfill sites where there is no PPC permit or waste management licence in force sites where the licence has been revoked ceased to exist or surrendered and a certificate of completion has been issued and sites that existed before the waste management licencing regime General Information Landfill is well established as 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 13 000 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
46. 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 landmark 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 2000 2001 of the Contaminated Land regime in Part 2A of the Environmental Protection Act 1990 that there are environmen
47. t Landmark Information Group Limited Legal amp Financial Imperium Imperium Way Reading Berkshire RG2 0TD Telephone 0844 844 9966 Fax 0844 844 9980 DX 154400 Reading 33 E mail helpdesk landmark 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 Homecheck 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
48. t 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 6 5 Further investigation 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 2A 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 co
49. tal 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 Y4 Homecheck 2 4 2 5 2 6 2 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 the 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 b
50. ted 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 land The Agency incorporates conditions which ensure that the operator uses the Best Available Techniques Not Entailing Excessive Cost BATNEEC 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 Pollution Control Registered Waste Sites This data is maintained under the EPA Prescribed Processes and Substances Regulations 1991 under Integrated Pollution Control IPC These regulations 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 Protection 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 BATNEEC to minimise or prevent releases
51. tes that existed before the waste management licencing regime 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 significant 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 The 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 rele
52. thority 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 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
53. tice may be served requiring immediate closure of the process It is an offence to operate a prescribed process without an authorisation or to contravene conditions of an enforcement notice without reasonable excuse JBA River Flood Risk 75 200 and 1000 Year Return periods This dataset describes the river flood hazard for 75 200 and 1000 year return periods for England Wales and most of Scotland River flooding occurs when rivers overflow and burst their banks due to high or intense rainfall which flows into them 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 This dataset is produced using Jeremy Benn Associates Ltd In house software JFlow This is a 2D hydraulic model that is designed specifically to meet the needs of broad scale modelling This dataset does not take flood defences into account JBA Surface water Flood Risk 75 200 and 1000 Year Return periods This dataset describes the surface water flood hazard for 75 200 and 1000 year return periods for England Wales and selected areas in Scotland areas where Lidar and Photogrammetry data is available Surface water flooding results from rainfall generated overland flow before the runoff enters any watercourse or sewer It is usually associated with high intensity rainfall events but can also occur with lower intensity rainfall or melting snow where the ground is saturated
54. 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 Y4 Homecheck 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 the 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 Gall
55. transport handling facilities Transport air amp space cargo amp handling amp transport support Air amp space transport Transport light manufacture Manufacture of cars lorries buses motorcycles bicycles Weapons amp ammunition manufacture amp storage Civilian manufacture amp storage of weapons ammunition explosives amp rockets 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 subsequentand current mao 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 Works Oil Refinery not including non petrol 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 Electri
56. treet Salisbury Wiltshire SP1 2BP Tel 01722 333306 Fax 01722 332296 Email admin tpos co uk You can get more information about the PCCB from www propertycodes org uk PLEASE ASK YOUR SEARCH PROVIDER IF YOU WOULD LIKE A COPY OF THE SEARCH CODE 29 7 Homecheck Part of Landmark Information Group Appendix 4 The Search Code SearchCode COMPLAINTS PROCEDURE If you want to make a complaint we will acknowledge it within 5 working days of receipt normally deal with it fully and provide a final response in writing within 20 working days of receipt keep you informed by letter telephone or e mail as you prefer if we need more time provide a final response in writing at the latest within 40 working days of receipt liaise at your request with anyone acting formally on your behalf Complaints should be sent to Landmark Information Group Ltd Imperium Imperium Way Reading Berkshire RG2 OTD Telephone 0844 844 9966 Email helpdesk landmark co uk Fax 0844 844 9980 If you are not satisfied with our final response or if we exceed the response timescales you may refer the complaint to The Property Ombudsman scheme TPOs Tel 01722 333306 E mail admin tpos co uk We will co operate fully with the Ombudsman during an investigation and comply with his final decision 30
57. uld be taken to allay a client s fears about proceeding 7 Homecheck 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 there 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
58. vant 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 in 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 licence 13 7 Homecheck 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 risk Radioactive licences fall into four Consent Bands RAS 1 Large nuclear installat
59. ven 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 storm tank discharges or septic tanks 15 Y4 Homecheck A 11 Contaminated Land Register Entries and Notices Part 2A Sites This section includes details of any contaminated land within the meaning of Part 2A 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 potential
60. way 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 numbers 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 c
61. y 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 Environmental 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 cl

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