Havant Borough Council > Health and Social Care > Environmental Health > Contaminated Land

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.

Contact:

Environmental Health, Environment Team; Civic Offices, Civic Centre Road, Havant, Hampshire, PO9 2AX

Telephone: (023) 9244 6670

Email: ippc@havant.gov.uk

An Environmental Information search is a property and land search that typically provides details of any:

In addition, reports may also provide details of:

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:

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")

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.

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.

Environmental Information (Land Quality) : Introduction