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Environmental Information (Land Quality) :
Introduction
As knowledge of the Contaminated Land Regime in
England becomes more commonplace, there is an increasing demand for
information regarding historic and potentially contaminating uses
of land.
It is now common practice for solicitors
involved in the sale or purchase of domestic property to request a
search of environmental records to ensure that there are no
unacceptable environmental risks or liabilities associated
with the land.
Private firms offer environmental reports for
this purpose, however these are usually limited to factual
information, and do not typically offer an interpretation of the
information provided.
Environmental Health may be able to assist you
with the interpretation of environmental reports, or provide
additional environmental information from the Councils own records
in relation to your property.
Please use the links below for answers to some
frequently asked questions:
Contact:
Environmental
Health, Environment Team; Civic Offices, Civic
Centre Road, Havant, Hampshire, PO9 2AX
Telephone: (023) 9244
6670
Email:
ippc@havant.gov.uk
What should a typical Environmental Report
Include?
An Environmental Information search is a property and land
search that typically provides details of any:
- Potentially infilled land,
- Industrial processes,
- Storage and use of contaminating substances,
- Waste transfer & final disposal (landfill) sites
In addition, reports may also
provide details of:
- Site history,
- Planning history,
- Pollution incidents,
- Consented discharges,
- IPPC regulated
industry, and;
- Information from British
Geological Society (BGS) and Environment Agency (EA) geology &
groundwater vulnerability mapping (respectively)
A report may also include whether
the land has been assessed as part of Havant Borough Council's
Contaminated Land
Inspection Strategy, or if the site has been subject
to a past intrusive site investigation (whether voluntary, or under
Part IIA of the EPA 1990).
Details can be provided from
investigation reports submitted to the Council only if those
documents are in the
public domain.
Where can I get help
interpreting my environmental report?
Some initial guidance is available from the
following links, giving some general background information
on:
It is important to remember that
the impact, or potential risk associated with any significant
environmental features identified in an Environmental Report will
be largely dependent on:
- The type of feature,
- It's proximity to the
property,
- Any controls that are in place,
and;
- The length of time the activity /
feature has been present.
Local environmental conditions
(e.g. groundwater flow or geology) may also influence the perceived
level of risk.
If you are unsure about the
meaning of your environmental report, and would like further
advice, please contact our
Environment Team.
Can the Council provide
environmental information about my property?
Yes - Anyone may request
information about a specific property or plot of land (usually one
that is owned by the enquirer, or one that they are looking to
purchase), under the Environmental Information Regulations
2004.
Enquiries may be for a commercial
organisation, corporate body, or an individual.
Usually developers, vendors and
purchasers of land make use of specialist companies that collate
environmental information relating to historical & industrial
land uses and other sources of potential
contamination.
Havant Borough Council can
provide similar information, along with an interpretation of that
information in the context of both the relevant legislation &
environmental / health risk.
What can I expect from a
Local Authority Environmental
Report?
All searches are carried out in relation to a standard search
perimeter of 250m from the property boundary.
The purpose of this service is to provide factual information
to aid potential purchasers of property, environmental consultants
or site developers to make an informed decision.
Environmental Health cannot give opinion on the suitability of the
property, but will always be happy to discuss its current knowledge
of the site, and provide an informed interpretation on the level of
environmental risk.
In many instances this will not be necessary, as the data
sheets are self-explanatory and provide sufficient information to
make an informed decision.
Searches will be processed within a maximum of 20 working
days, usually sooner
.
How do I make a request
for Environmental Information?
If you would like to make a request
for Environmental Information relating to ground
contamination or pollution, please contact
our Environment Team in
person, or via email, post or telephone.
Requests for searches must
include an accurate postal address or detailed description of the
location and extent of the property boundary (the 'subject
property') for which information is required.
Requests must be reasonable and
specific in the questions asked (e.g. "is the council aware of
any land within 250 metres of the site that has been used for waste
disposal to landfill?", not "please provide details of any
environmental concerns relating to the Waterlooville
district")
Environmental information relating to other subjects may be
requested from the relevant Council Department.
What questions should I
ask?
The information requested often
depends upon the specific concerns with a given property or area of
land, for example;
A search of environmental records
is often requested from the Council in response to a previous
commercial environmental search, undertaken routinely by
conveyancing solicitors during both domestic & commercial
property sale transactions, and commercial leases. In
these cases, a few specific concerns may be raised in the
commercial search, for which additional information is sought from
the more detailed records held by the Local Authority.
Alternatively, a complete search
may require that a variety of information sources are investigated,
requiring a greater number of questions.
Requests for information must be
reasonable and specific in the questions asked (e.g. "is the
council aware of any land within 250 metres of the site that has
been used for waste disposal to landfill?")
If questions submitted are too
broad, the Council will be happy to discuss the relevant issues in
relation to the site, and make recommendations. However, a
list of commonly requested
information is provided online for
guidance.
Is there a charge for this service?
The Environmental Information Regulations
(2004), regulation 8(1) makes provision for the Local
Authority to make reasonable charges to help cover the
administrative cost of providing the service.
A standard minimum fee of
£40.00 is charged for the initial request. The
Councils response will include a colour location plan, copies of
any relevant documentation, and a summary of other relevant
information (descriptive or tabulated), as appropriate. Additional
questions are charged at £16.00 each, and
responses may be accompanied by further maps and plans as
required. An interpretive description of risks &
liabilities will be provided with the response where appropriate,
in connection with the specific questions asked.
If upon receiving a search
request the council considers that it will take a greater length of
time to complete, or that the request is of a commercial nature
(i.e. to form a part of a desk study for a commercial planning
application); a higher rate will be charged to that indicated
above. This will usually apply in the following
circumstances:
- For sites over 2 hectares in plan area
- Where a large amount of relevant information is available in
respect of the site, or a former site use
- Where the search has special requirements (typically associated
with commercial properties & redevelopment sites)
The higher rate (for commercial, or time consuming requests),
is charged at £70.00 for the initial request
/ question (based upon one hour to produce the documentation), and
a further £38.00 is charged for each additional
hour, or part thereof.