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GroundSure EnviroInsight User Guide

If you would like further assistance regarding this user guide please contact GroundSure on (T) 01273 819 700, (F) 01273 819 550, email: historical [email protected]


Version: draft January 2009

To be used with the

GroundSure EnviroInsight

Groundsure Limited

Level 7, New England House, New England Street,

Brighton, BN1 4GH Tel: 01273 819 700 Fax: 01273 819 550

E-mail: maps&[email protected] Internet: www.historicalmappacks.co.uk

©Copyright GroundSure Limited 2005. All rights reserved.


If you would like further assistance regarding this user guide please contact GroundSure on (T) 01273 819 700, (F) 01273 819 550, email: historical [email protected]

Contents

1. INTRODUCTION ............................................................................................................................... 3

2. WHAT IS A GROUNDSURE ENVIROINSIGHT?.................................................................................. 3

3. WHY DO YOU NEED A GROUNDSURE ENVIROINSIGHT?................................................................. 3

4. HOW TO ORDER THE REPORT......................................................................................................... 4

5. PAYING FOR THE REPORT .............................................................................................................. 4

6. REPORT LIMITATIONS..................................................................................................................... 4

7. OUR TERMS AND CONDITIONS....................................................................................................... 4

8. GROUNDSURE’S DATA .................................................................................................................... 5 8.1 How is the Data Organised?...............................................................................................................5 8.2 Data Quality ........................................................................................................................................6 8.3 Data Sources......................................................................................................................................6 8.4 What Does the Data Mean? ................................................................................................................7 8.4.1 Authorisations, Incidents and Registers............................................................................................7 8.4.2 Landfill and other Waste Sites......................................................................................................... 12 8.4.3 Current Land Uses ........................................................................................................................... 14 8.4.4 Geology............................................................................................................................................. 20 8.4.5 Hydrogeology and Hydrology ........................................................................................................... 24 8.4.6 Flooding............................................................................................................................................ 25 8.4.7 Ecological Designated Sites............................................................................................................. 26 8.4.8 Natural Hazards............................................................................................................................... 27 8.4.9 Mining............................................................................................................................................... 28

9. FUTURE DEVELOPMENTS....................................................... ERROR! BOOKMARK NOT DEFINED.

GLOSSARY OF TERMS........................................................................................................................... 33

APPENDIX I – GROUNDSURE’S TERMS AND CONDITIONS.................................................................. 36

APPENDIX II – GROUNDSURE’S DATA GUIDE AND UPDATE FREQUENCY .......................................... 32


1. Introduction The GroundSure EnviroInsight provides high quality environmental information that allows environmental professional’s to make rapid and informed decisions regarding the environmental nature of a study site. The GroundSure EnviroInsight forms part of a suite of services which can be used either as stand alone report or in conjunction with the other reports and Maps to form a complimentary suite of products. These complimentary Products are:

• GroundSure EnviroInsight • GroundSure GeoInsight • GroundSure MapInsight with historical mapping at 1:10 560, 1:10 000, 1:2 500 and 1:1 250

scales. This User Guide outlines the GroundSure EnviroInsight only. The User guides for our other services can be found online at www.historicalmappacks.co.uk.

2. What is GroundSure EnviroInsight? The GroundSure EnviroInsight is a user defined site centred report that contains high quality, up-to-date environmental information which forms part of a comprehensive suite of services that GroundSure provides to environmental professionals. GroundSure EnviroInsight provides a set of working documents for environmental professionals to identify current and recent environmental liabilities. There is no additional interpretation of the data in this report. The coverage for GroundSure EnviroInsight is England and Wales. Scotland is currently being added to the GroundSure databases. The report is ordered via the online ordering system. The user can either draw the study site boundary on the current mapping (provided from the Ordnance Survey Mastermap and 1:10 000 Raster map). The maximum area that can be ordered via the website is approximately 40 hectares, for larger sites please call the technical Helpline or email maps&[email protected]. A radial search will then be conducted to a specified distance, which is dependant on the data source. Any data found will be tabulated into a summary table and then all the data will be detailed in the sections and plotted on individual OS maps within the body of the GroundSure EnviroInsight. The data is sourced from both academic and commercial institutions within the UK.

3. Why do you need GroundSure EnviroInsight? For Environmental Professionals, the comprehensive identification of potential risks on a site is crucial and this report helps to inform and support their professional judgement and opinion. The report is easier to use, facilitates accurate analysis and with the use of aerial photography, gives an

http://www.historicalmappacks.co.uk/


immediate view of the site. A number of key datasets have been selected to provide as wide a range of potential issues as possible.

4. How to Order the Report GroundSure has utilised our award winning website to supply the GroundSure EnviroInsight along with its complementary reports (GroundSure GeoInsight and GroundSure MapInsight). Ordering could not be simpler. To register for the online ordering system, please go to www.historicalmappacks.co.uk and click on register and fill in the required fields. Alternatively, please email your contact details, including your name, company name, address, telephone number and email address to maps&[email protected] and a GroundSure representative will contact you and provide account details and a username and password of your choice. Our Online Ordering system has been developed to allow easy, convenient order placement. All reports are covered by our substantial professional indemnity insurance. A User Guide to the Online Ordering is available on our website and it will also be sent to you as part of your Registration and Getting Started email. However, if you have any questions or wish to discuss the ordering process in any way please contact GroundSure on our Technical Help Desk on 01273 819500.

5. Paying for Reports Account arrangements can be set up for customers as part of the Registration process as outlined above or the GroundSure EnviroInsight can be ordered and paid for by cheque on an ad hoc basis. GroundSure will invoice all customers by sending you a single itemised monthly invoice listing all the services you have ordered during that period. GroundSure’s unique referencing system ensures a clear audit trail for every report purchased.

6. Report Limitations The data used in all of our reports is derived from the databases detailed within the appendices of this user guide. GroundSure may use a substitute database at its discretion and will not usually inform the client of this. Although we take professional care to identify, prepare and use the best databases available for reasonable cost, it is not practicable to make any large environmental database error free. We do not undertake a physical site inspection of the property for the Environmental Data

7. Our Terms and Conditions GroundSure EnviroInsight is covered by substantial Professional Indemnity Cover and is governed by our terms and conditions. The terms and conditions can be seen in Appendix I, on the GroundSure website (www.historicalmappacks.co.uk) or can be provided by post on request.


Please note: these are the standard terms and conditions provided by GroundSure for reports sold directly to clients. Resellers may have different terms and conditions and you may wish to contact the reseller directly to obtain a copy of their terms and conditions.

8. GroundSure’s Data

8.1 How is the Data Organised? The data within the GroundSure EnviroInsight is arranged in logical sections to help you interpret the results. These sections are: Aerial Photograph of the Study Site Overview of Findings Authorisations, Incidents and Registers Landfills and Other Waste Sites Current Land Uses Geology Hydrogeology and Hydrology Flooding Designated Environmentally Sensitive Sites Natural Hazards Mining

A 1:10 000 current OS Raster Map and aerial photograph is used to identify the study site, all the data found is tabulated and summarised in the Overview of Findings section. If no information is found under a particular search category, then a negative response is logged. If information is available then a positive response is returned with further details given in the individual data commentary section in the body of the report. The search radius of the data is dependent on the individual data set. For example Section 1 Records of Part A Licences (IPC Processes) are search to a distance of 1000m, while in Section 3 Current Industrial Sites are searched to 500m. The data are also represented on the maps provided throughout the report. These give a graphical representation of the findings of the report. However, only certain data features are placed on the maps within the report. All data represented on maps found within each search are given an identification number. This number identifies the data feature on the mapping and correlates it to the detailed information in the data commentary section. This identification number precedes all other information and takes the following format -Id: 1, Id: 2, etc. Where numerous data features on the same map are in such close proximity so that the numbers would obscure each other a letter identifier is used instead to represent the features. (E.g. Three data points/features which overlap may be given the identifier “A” on the map and would be identified separately as features 1A, 3A, and 10A on the data tables provided).

Where a feature is reported in the data tables to a distance greater than the map area, it is noted in the data table as “Not Shown”.

All distances given in the Environmental Data Report are given in Meters (m). Directions are given as compass headings such as N: North, E: East, NE: North East from the nearest point of the study site boundary.


8.2 Data Quality Where the data used is not owned by GroundSure we have to include third party data. We only select those suppliers who can provide high detailed, quality data that is both accurate and reliable at a reasonable cost. Where we modify data, strict quality control procedures are used, as set out by our in house panel of IEMA accredited environmental consultants. GroundSure encourages and promotes the continuous improvement of its products and operates a continual data enhancement program in order to identify and correct errors. If a potential inaccuracy is found in a report, it should be reported to GroundSure who will log, check and amend it if necessary.

8.3 Data Sources Data contained in the GroundSure EnviroInsight is gathered from a wide range of regulatory and commercially owned data sources, including our own. These data sources together with their update cycles are outlined in Appendix II. A summary of the data provided in GroundSure EnviroInsight (including the search radii used) can be found in Table 8.1 below. Table 1 – Data Search Radii

Dataset Search Radius from the site boundary (metres)

1. Authorisations, Incidents and Registers Records of IPC Authorisations 1000m Records of IPPC Authorisations 1000m Records of Water Industry Referrals (potentially harmful discharges to the public sewer)

500m

Records of Water Industry Referrals (potentially harmful discharges to the controlled waters)

500m

Records of List 1 Dangerous Substances Inventory Sites 500m Records of List 2 Dangerous Substances Inventory Sites 500m Records of LAPPC (LAPC) Authorisations 500m Records of Category 3 or 4 Radioactive Substances Authorisations 500m Records of Licensed Discharge Consents 500m Planning hazardous substance enforcements 500m Records of COMAH and NIHHS sites 500m Environment Agency Recorded Pollution Incidents 250m National Incidents Recording System, List 2 250m National Incidents Recording System, List 1 250m Sites Determined as Contaminated Land under Part IIA EPA 1990 500m Planning hazardous substances consents 500m 2. Landfill and Other Waste Sites Environment Agency Registered landfill Sites 1500m Landfill Data – Operational Landfill Sites 1500m Environment Agency Historic Landfill Sites 1500m Landfill Data – Non-Operational Landfill Sites 1500m BGS/DoE Landfill Site Survey 1500m GroundSure Local Authority Landfill Sites Data 1500m 2.2 Landfill and Other Waste Sites Findings Operational Waste Treatment, Transfer and Disposal Sites 500m Non-Operational Waste Treatment, Transfer and Disposal Sites 500m Environment Agency (REGIS) Waste Sites 1500m 3. Current Land Uses Current Industrial sites Data 500m Records of petrol and Fuel Sites 500m Underground High pressure Oil and gas Pipelines 500m 4. Geology


Artificial and Made Ground On-site (includes a 50m buffer zone) Superficial Ground and Drift Geology On-site (includes a 50m buffer zone) Bedrock and Solid Geology On-site (includes a 50m buffer zone) 5. Hydrogeology and Hydrology Environment Agency Groundwater Vulnerability and Soil Classification Minor Aquifer 200m Soil Classification 200m Groundwater Abstraction Licences 2000m Surface Water Abstraction Licences 1000m Source Protection Zones 500m Potable Water Abstraction Licences 2000m Environment Agency River Quality 500m Main Rivers 500m Surface water features 250m 6. Flooding Environment Agency indicative Zone 2 Floodplains 250m Environment Agency indicative Zone 3 Floodplains 250m Environment Agency Flood Defences 250m Environment Agency Areas benefiting from Flood Defences 250m Environment Agency areas used for Flood Storage 50m BGS groundwater flooding susceptibility On-site 7. Ecological Designated Sites Sites of Special Scientific interest (SSSI) 500m Local Nature Reserves 500m National Nature Reserves (NNR) 500m Special Areas of Conservation (SAC) 500m Special Protection Areas (SPA) 500m Ramsar Sites 500m World Heritage Sites 500m Environmentally Sensitive Areas 500m Areas of Outstanding Natural Beauty 500m National Parks 500m Nitrate Sensitive Areas 500m Nitrate Vulnerable Zones 500m 8. Natural Hazards Natural Ground Subsidence On-site (with 50m search buffer) 9. Mining Coal mining areas 75m Risk of Shallow Mining On site (with 150m search buffer) Brine Affected Areas 75m

8.4 What Does the Data Mean? GroundSure has carefully selected a full range of data sets for use in the GroundSure EnviroInsight. The following section is intended as a basic outline of the implications of these data sets and the possible effects specific factors may have. 8.4.1 Authorisations, Incidents and Registers Integration Pollution Prevention & Control (IPC and IPPC) Authorisations Integrated Pollution Control (IPC) was introduced by Part I of the Environmental Protection Act 1990 (EPA 90). It is a system that applies to the major industrial processes throughout England and Wales and is regulated by the Environment Agency. All new prescribed processes and any existing prescribed processes which underwent a substantial change came within IPC from 1 April 1991 and


all other existing processes came under IPC control by 1996, this phase programme is laid down in regulations (SI No.472 Prescribed Processes and Substances Regulations 1991) From the end of October 1999 the IPPC Directive (EC/61/96) had to be implemented by all EU Member States. This directive supersedes IPC and must be fully implemented in all Member States by October 2007. IPPC is a regulatory system concerned with the releases to air, land and water from industrial activities, including measures concerning waste and Site Remediation. Although the Directive builds on IPC legislation, it would be wrong to view it as IPC with an added ‘P’. It goes further in covering noise, energy efficiency, waste minimisation, environmental impacts of certain industrial activities and aims to achieve prevention and control of pollution arising from the range of activities. It lays down measures designed to prevent, or where that is not applicable, to reduce emissions. This is being done in order to achieve a high level of protection of the environment. It applies to industry sectors for energy, metals, minerals, chemicals, waste management and a group of other activities such as textile treatment, food production and intensive farming of pigs and poultry. The system involves determining the appropriate controls for industry to protect the environment through a single permitting process. To gain a permit, Operators will have to show that they have systematically developed proposals to apply the “Best Available Techniques” (BAT) and meet certain other requirements, taking account of relevant local factors. The essence of BAT is that the selection of techniques to protect the environment should achieve an appropriate balance between realising environmental benefits and costs incurred by Operators. IPPC operates under Pollution Prevention and Control (England and Wales) Regulations 2000, Statutory Instrument (SI) 2000/1973 (the PPC Regulations). These Regulations have been made under the Pollution Prevention and Control (PPC) Act 1999 and implement the EC Directive 96/61 on IPPC. Further information on the overall system of IPPC, together with Government policy and more detailed advice on the interpretation of the Regulations, can be found in the Defra document IPPC: A Practical Guide. Historically IPPC permit details were held on the Integrated Pollution Control Information System (Ipcis), but in 2004 the Environment Agency introduced a new permitting system called the Permitting Administration System (Pas). The majority of data on Ipcis was migrated to Pas, but some 140 non-active public register records were not migrated. Records of water Industry referrals See section on Licensed Discharge Consents including Referrals and Red List Discharges Records of Red List substances See section on Licensed Discharge Consents including Referrals and Red List Discharges Dangerous Substance Inventory The Dangerous Substances Inventory data set includes site discharges regulated under The Surface Waters (Dangerous Substances Classification) Regulations 1989 (SI 2286), amended in 1992 and The Surface Waters (Dangerous Substances Classification) Regulations 1997 (SI 2560) and 1998 (SI 389). These regulations specify water quality objectives for a number of key substances specified by various European Union Directives. Such substances include specific Black List (List I) substances and a total of 20 List II substances that are highly toxic and include a number of chlorinated solvents. The main sources of such substances include large heavy industrial processing and manufacturing plants and large sewage treatment works.


The Environment Agency is responsible for ensuring compliance with these Regulations and routinely conducts sampling, analysis and monitoring of the watercourses to determine any detrimental effect these discharges may be having. Monitoring is usually carried out by the Environment Agency downstream of the discharge on a quarterly basis. The Environment Agency also determines whether the requirements of each classification are being met. Every dangerous substance listed has a concentration limit known as the Environmental Quality Standard (EQS). This is normally an upper limit set for each watercourse that receives a dangerous discharge. Local Authorities Air Pollution Control (LAPC) Authorisations Under the Environmental Protection Act (1990) local authorities now have powers to control air pollution from a range of prescribed (Part B) processes. In Scotland the same powers were transferred to the Scottish Environmental Protection Agency (SEPA). The prescribed processes include operations such as the burning of waste oils, paint spraying operations and petrol vapour recovery processes. Under recent legislation LAAPC or Part B processes will be regulated under the concept of Integrated Pollution Prevention and Control, as required by the Integrated Pollution Prevention and Control Directive (1996). This will be implemented via the Pollution Prevention and Control (England and Wales) Regulations 2000 and once all sites have been brought within the new regulations, Part I of EPA 1990 will be revoked. Under this legislation some sites will be classified as A2 sites and will then be regulated by the Environment Agency, the remainder will stay within the jurisdiction of local authorities. Radioactive Substance Authorisations The storage, use, accumulation and disposal of radioactive substances in the UK is regulated under the Radioactive Substances Act (1993). The main purpose of this Act is to provide protection to members of the public from radiation. If managed correctly and regulations are not breached, most low category (RAS 3 and RAS 4) sites pose a relatively low risk. However, higher category sites (nuclear power stations and reprocessing sites) present an elevated risk and may require further consideration by the conveyancer and their client. RAS sites are divided into four categories depending upon the potential risk to the public. These categories are described in greater detail in the table below. Table 2 – Radioactive Substance Authorisation Sites

Site Category Description

RAS1 Large nuclear installations that both store and re-process nuclear fuels on-site e.g. Sellafield.

RAS2 Large nuclear installations that both store and process nuclear fuels on-site e.g. nuclear power stations.

RAS3 Registered sites that are authorised to accumulate and dispose of radioactive materials. Only non-nuclear operations are carried out on site e.g. Hospitals.

RAS4 Registered sites that keep and use radioactive material e.g. mobile laboratories and plants. Only non-nuclear operations are carried out on site.

It should be noted that RAS 1 and RAS 2 Site Categories are no longer included within the dataset due to National Security Reasons. Once this ban has lifted GroundSure will endeavour to include this data.


Licensed Discharge Consents including Referrals and Red List Discharges Any site wishing to discharge either treated or untreated effluent to controlled waters (e.g. a stream, river, lake) requires a Discharge Consent. These consents are granted and controlled by the Environment Agency under the Water Resources Act 1991 and the Environment Act 1995 (regulated by SEPA in Scotland). If consent is granted, then conditions will be included to ensure compliance with statutory water quality objectives (SWQO) for that particular water body. Absolute limits will be set for discharges and other factors such as provision of facilities for sampling and monitoring. Furthermore, GroundSure’s Environmental Data Report also includes records of sites discharging Red List substances to controlled waters. Under the Environmental Protection (Prescribed Processes and Substances) Regulations 1991, sites discharging certain substances, regarded as exceptionally toxic, persistent or bio-accumulative, must hold consents to discharge under these Regulations. The Regulations provide a full listing of the substances in question, identified as Red List substances. Such discharge consents will set absolute limits for discharges and detail other factors such as provision of facilities for sampling and monitoring. Consents aim to ensure that the stringent statutory water quality objectives provided under The Surface Waters (Dangerous Substances) (Classification) Regulations 1989 (as amended) are met. Also included within this category are Water Industry Referrals. A sewage undertaker makes a Water Industry Referral to the Environment Agency when an industry applies to discharge a Special Category Effluent. This is a trade effluent that discharges to the public sewer that contains particular substances, or that derives from specific processes. Under the Trade Effluents (Prescribed Processes and Substances) Regulations 1989 (SI No.1156) (as amended), the Environment Agency has powers to regulate the discharge of Special Category Effluents, including Red List substances, effluents from the production of chlorinated organic chemicals, effluents from paper board and pulp processes into public sewers. Once a consent to discharge has been granted, details will appear on the Trade Effluent public register which is held by the relevant Water Utility Company. Planning Hazardous Substance Enforcements Under a Part 5 of the Planning (Hazardous Substances) Regulations 1992, contravention of a Planning Hazardous Substance Consent may result in the serving of notice by the regulatory authority which may lead to statutory action against the Consent holder. See Planning Hazardous Substance Consents for further details. Dangerous or Hazardous Sites (COMAH and NIHHS) This section of the report provides information on sites that operate under the Control of Major Accident Hazards (COMAH) Regulations which came into effect in England and Wales in April 1999. These regulations amend both the Planning (Hazardous Substances) Act 1990 and implement the requirements of the COMAH Directive (1996). The section also includes sites that come under the Notification of Installations Handling Hazardous Substances (NIHHS) Regulations (1982). The aim of the COMAH Regulations is to require the development of land use policies around COMAH sites and ensure an increased emphasis on safety management. Under this legislation, the planning authority must take land-use controls into account when considering modifications to COMAH sites or new developments in the vicinity of COMAH sites. The Planning Authority must also ensure that development decisions in relation to COMAH sites should aim to minimise any risks to human health and the environment.


COMAH sites are regulated by the Health and Safety Executive (HSE). They are categorised according to the amount of specified hazardous substances that they store, above a controlled quantity either singularly or in aggregate. Applications, consents and their conditions, modifications, revocations etc. are all recorded on a public register (these regulations do not apply to controlled wastes or radioactive wastes which are subject to control under the Environmental Protection Act 1990 and the Radioactive Substances Act 1993 respectively). The operators of certain sites with very high quantities of dangerous substances must now record their safety procedures in a safety report. A safety report is a document written by the site operator to demonstrate to regulators that all the necessary measures have been taken to prevent a major accident. This document is independently checked by the HSE and Environment Agency (SEPA on Scotland) inspectors and is reviewed every five years. The document includes policy on how to prevent major accident hazards, as well as information about the emergency plan for the site. It is also used by the relevant local authority and fire brigade when drawing up an off-site emergency plan. Further information regarding COMAH sites is available at the following website– www.hse.gov.uk/pubns/comah1.htm The data set also provides detailed information on sites that come under the Notification of Installations Handling Hazardous Substances (NIHHS) Regulations 1982. These regulations specify dangerous substances and the quantities of these substances trigger obligations to notify the HSE of their use three months before such use commences. Such sites that require notification include gasholder sites, gas cylinder storage and refilling depots. Recorded Pollution Incidents A pollution incident can be defined as ‘A specific event, which is being brought to the attention of the Agency, and is within the Agency’s areas of responsibility and which may have an environmental and/or operational impact.’ Details of all pollution incidents reported to the Environmental Agency are held on the National Incident Recording System (NIRS2). The NIRS2 data ranges from 2001 to present. The Environment Agency (SEPA in Scotland) is required to investigate any pollution incidents and maintain a list of such occurrences. As such, it does not record permitted releases of pollutants, even if the permitted release exceeds permitted levels. Pollution incidents are recorded as either a breach of a permit, license or consent or to an incident at an unregulated site. Typical recorded pollutants include asbestos, builders’ waste, waste oil, fire fighting runoff etc. Prior to January 2004, The Environment Agency recorded four types of pollution incident categories depending on their severity to the environment. Data presented includes only substantiated, environmental protection incidents, where the environmental impact level is either category 1 (major) or category 2 (significant), Category 3 (Minor) and Category 4 (Unsubstantiated) to at least one media (i.e. water, land and air). After this date, only those incidents with environmental impact levels of 1 (major) and 2 (significant) to at least one media are presented. Table 3 – Recorded Pollution Incident Categories

Category Description

Description

Category 1 (Major)

Persistent effect on water quality, closure of abstraction point, extensive fish mortality, excessive breaches of consent conditions, significant effect on amenity value or conservation


Category 2 (Significant)

Potential or actual effect on water quality, notification to water abstractors, significant fish mortality, water unfit for stock watering, bed of watercourse contaminated, reduction in amenity value

Category 3 (Minor)

Low fish mortality, bed of watercourse only locally contaminated around point of discharge, minimal impact and amenity only marginally affected

Category 4 (Unsubstantiated)

Reported incident, upon investigation no evidence can be found of incident having occurred

Sites Determined as Contaminated Land (Part II A) The implementation of Part IIA of the Environmental Protection Act (1990), on the 1st April 2000 in England and Wales, places responsibility on Local Authorities to identify contaminated land within its boundaries that may have a detrimental effect on human health, ecosystems or controlled waters. 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. In essence the local authority must identify a source of contamination, a pathway for contamination to migrate and a sensitive receptor which is or may be significantly affected by such contamination. This concept is commonly known as the Source-Pathway-Receptor paradigm. Sites that have been determined as contaminated land by the relevant authority are collated by GroundSure from records held on the public register from local authorities and are routinely updated to reflect any changes. Planning Hazardous Substance Consents Under the Health and Safety at Work Act 1974 and the Control of Major Accident Hazard Regulations 1999 [COMAH], operators of new hazardous installations are required to submit a pre-construction safety report to HSE before construction can begin. They must also apply for a hazardous substance consent from the hazardous substance authority (HSA), usually the local planning authority. On application, the HSA is required to consult Health and Safety Executive as to the advisability or otherwise of the location of the installation. HSE will then advise on the residual risk that still remains when all reasonably practicable steps have been taken to ensure safety. HSE's role is purely advisory; it is for the HSA to take into account other economic or social factors that should be considered. If the consent is granted, HSE notifies to the planning authority a consultation zone around the installation within which it must be consulted on any further developments such as housing, shops, schools, hospitals and the like. See also the sections on Dangerous or Hazardous Sites and Planning Hazardous Substance Enforcements, below. 8.4.2 Landfill and Other Waste Sites The Control of Pollution Act (CoPA), 1974 introduced for the first time a licensing regime for waste disposal and treatment facilities in the UK. Prior to 1974 such activities were not controlled and very little in the way of records for such activities exist. More recently, increasingly stringent legislation has been enacted to manage such facilities and reduce their environmental impacts. Currently waste management licenses are used to regulate landfill sites, transfer stations and chemical treatment works. These licences are issued under the Environmental Protection Act (EPA), 1990. Landfill Sites Data


It should be noted that grid references supplied in relation to many closed landfill sites relate to a centre point or sometimes even a site entrance. Landfills can be extensive in size and as no boundary information is readily available or quality assured, additional caution should be exercised. Environment Agency Registered and Historic Landfill Data Landfill records contained within this dataset date from 1961 to present. Landfills remain in this layer until their licence reaches either a surrendered or expired. For operational landfill sites, GroundSure uses the latest polygonised data supplied by the Environment Agency. This provides boundary information illustrating the extent of currently operating sites (and those that have recently closed). In cases where these may correspond with closed licences the data provides a greater level of confidence for risk assessment decisions regarding landfills. BGS/DoE Landfill Site Survey Data

The waste site index is a listing of some 3500 waste sites in England and Wales identified by BGS as part of a survey carried out on behalf of the DoE in 1973. The index has been corrected and updated to a limited extent, but the data itself has not been changed. The data was collected in 1972 and the information reflects the knowledge at that time. It does not reflect current interpretation. Not all authorities made returns and there are not records for all of the sites listed. However, the data is an invaluable source of information about pre-1974 sites. The records themselves contain interpretations of the geology, ground and surface water risk assessments and information about the quantities and types of waste.

The BGS may hold further details in paper records including the outline plans, site descriptions, waste types and tipping histories. GroundSure’s Local Authority Landfill Sites Database Prior to the implementation of the Control of Pollution Act (CoPA), 1974 the waste industry was regulated and licensed on a local level by individual Local Authorities. This leads to different methods being employed to collect and store waste data. Where records are available from the Local Authorities these have been collated and captured by GroundSure in this unique database. It should be noted that these records are based on and limited to the records in the possession of GroundSure at the time of the report inception date. Other Landfill Data This point data is sourced from public registers, which are visited annually. This data covers consents that have been issued by the Environment Agency under the Control of Pollution Act (CoPA), 1974 and Section 36 of the Environmental Protection Act (EPA) 1990. This data relates to open and closed sites, licensed for the landfill of waste. . Waste Treatment, Transfer and Disposal Sites – Operational and Non Operational These records relate to sites where waste is temporarily stored and/or treated before it is then recycled or transported to landfill. Examples of such facilities include civic amenity sites and waste transfer stations where materials are sorted and bulked up prior to disposal. Most civic amenity sites normally accept small quantities of materials, of which only a small proportion may be putrescible (i.e. capable of decomposing).


Some larger transfer stations may accept large quantities of domestic wastes, much of which may be putrescible in nature. Refuse is transported to the site in refuse trucks operated by local contractors and deposited in concrete lined storage areas which are usually under cover. Environment Agency (REGIS) Waste Sites Prior to the establishment of the Environment Agency in 1996 the waste industry was regulated and licensed at a local level. This led to different methods being employed to collect and store waste data. Therefore, when the waste industry was bought under the Environment Agency’s control, several different methods for waste regulation existed within each Environment Agency region. This lead to the need for a national waste licensing database and the Environment Agency’s Regulation Information System dataset (REGIS) was introduced as the system to fulfil this requirement. A waste management licence is a legal document issued under the Environmental Protection Act 1990s section 36. The licenses authorise the treatment, keeping or disposal of waste in or on the land. Once the Environment Agency has issued a site licence, neither the activities nor the area of land may be changed unless the Environment Agency issues a modification. The REGIS dataset contains information on licence holder and site address, correspondence address, dates of licence issue, modification, transfer, surrender and revocation, size and location. Waste licence data is recorded from the paper licences held at area level and input into the REGIS system. The area level data is collated to regional level and following each quarter a national merge takes place. 8.4.3 Current Land Uses Current Industrial Sites Data on potentially contaminative current industrial uses is sourced from the Point X Dataset of Current Uses. GroundSure then analyses this data and selects specific sites for inclusion in the GroundSure database dependent on the potential for contaminative activities having taken place. Petrol and Fuel Sites Petrol and fuel sites may pose a risk due to spillages and leakage of hydrocarbons from above or below ground storage tanks and associated pipe work. In some situations petrol and diesel can migrate significant distances though underlying soils and groundwater. The risk a specific site may pose will depend upon the age of the site, the integrity of fuel storage tanks and the specific nature of operations there. Generally, more modern petrol and fuel sites will pose less of a risk than older sites. More dated smaller rural facilities often pose an elevated risk, although such stations have witnessed a sharp decline in number in recent times as they are often redeveloped for residential purposes. Data on petrol and fuel sites is derived from data supplied by Catalist Limited. This data includes information on current, closed and redeveloped sites and is summarised in the following table. Table 4 – Petrol and Fuel Sites Data Fields

Data Field Description Not Surveyed No further information is yet available on this site and a site survey is required. Open Site is currently operating. Under Development Site is closed for development or redevelopment and there is evidence to suggest that

construction work is in progress.


Closed Site is not retailing petrol, however the canopy and pumps are still present. Out of Industry Site is not retailing petrol and likely to be in other use such as car sales. Obsolete Site is not retailing petrol, and has been redeveloped for alternative use (flats, offices etc.).

The data held by Catalist is constantly being updated along with improvements to the locational accuracy of such sites. Underground High Pressure Oil & Gas Pipelines GroundSure Environmental Data Report comments upon whether a property lies on or within 250m of High Pressure Oil & Gas Underground Pipes. The pipelines are either gas (natural gas or ethylene) or oil pipelines (the majority of which are multi-product pipelines which means that they carry different grades of refined petroleum products, gasoline, jet and diesel fuels). They all operate at high pressure, typically in-excess of 66 bar (1000 psi) and some up to 100 bar (1500 psi). The pipelines range in diameter from 100mm (4") to 406mm (16") and usually have a black coating. Special Requirements for Safe Working in Close Proximity to pipeline systems owned or operated by BP, BPA, ConocoPhillips, E-On, Esso, GPSS, Huntsman, Mainline, Manchester Jetline Limited, Shell and Total is required. The Data is provided by linewatch. The purpose of Linewatch is to promote greater awareness of buried oil/gas pipelines and the safety precautions that are required when working near to them, therefore protecting personnel and the environment. Linewatch is a joint initiative between Esso Petroleum Co Ltd, BP, E-ON, Shell, Mainline Pipelines Ltd, BPA, Total, ConocoPhillips, Huntsman, The Oil and Pipelines Agency (Government Pipelines and Storage System) and Manchester Jetline Ltd. Between them, the 11 participants account for some 5,724 km of buried oil/gas pipelines in England, Wales and Scotland. The latest up-to-date information can be found at http://www.linewatch.co.uk/pdf/SpecReq_Jan06.pdf which will provide guidance on the basic requirements for safe working in close proximity to buried pipelines. 8.4.4 Geology A geological classification for the site is extracted from the relevant British Geological Survey (BGS) Digital Geological Map of Great Britain at 1:50,000 scale (DiGMap-GB-50). The dataset currently covers 95% of Great Britain with over 357 sheets for England and Wales & 186 sheets in Scotland. Descriptions of the geological layers, Artificial Deposits, Superficial Deposits and Bedrock Geology are recorded for the site along with the BGS Lexicon code for the Rock Units and BGS sheet number. Not all the layers have nationwide coverage. The geological formations are listed broadly in order of age in the map keys (youngest first) but only to the formation level (a formation is a package of related rocks). Within formations, please be aware that individual members may not be ordered by age. Artificial Deposits/Made Ground Artificial ground is a term used by BGS for those areas where the ground surface has been significantly modified by human activity. Information about previously developed ground is especially important, as it is often associated with potentially contaminated material, unpredictable engineering conditions and unstable ground.

The Artificial ground dataset includes:

Made ground - man-made deposits such as embankments and spoil heaps on the natural ground surface.


Worked ground - areas where the ground has been cut away such as quarries and road cuttings.

Infilled ground - areas where the ground has been cut away then wholly or partially backfilled.

Landscaped ground - areas where the surface has been reshaped.

Disturbed ground - areas of ill-defined shallow or near surface mineral workings where it is impracticable to map made and worked ground separately.

Artificial ground was not formerly mapped by BGS. It became a common requirement of the applied geological mapping projects in the 1980s and is now routinely recorded but information is only available for parts of the country. It is classified primarily on its mode of origin, which is usually apparent from the land form or the changes made to the topography.

Superficial Deposits/Drift Geology The 'Superficial deposits' shown on the map includes the youngest geological deposits laid down in England and Wales, Scotland and part of Northern Ireland. This map is based on the first edition Drift 1:625,000 scale Geological Map of the United Kingdom published in 1977 as two sheets, North and South. The Superficial deposits, mainly formed in the Quaternary period of geological time, which extends from the present back to 2 million years ago. Many of the deposits were formed during episodes of glaciation, or deposited by rivers. They occur as discontinuous patches and larger spreads and rest on top of the older rocks (referred to in the bedrock). Most of these superficial deposits are unconsolidated sediments such as gravel, sand, silt and clay. The name of each deposit or group of deposits corresponds to that shown on the published 1: 625,000 map e.g. River Terrace Deposits. The following caution should also be noted: The source geological maps originally used to compile the published 1:625,000 maps are 1:50,000 and 1:63,360 (one inch to one mile) scale maps published before 1977. Many of these have since been up-dated and may therefore not now agree with the 1:625,000 geology shown here. Because of the generalisation and simplification used in the compilation of this map, it should not be used to determine the detailed geology of any specific sites. It is best used to provide a basic understanding of the geology of the country in general, and for showing the geology of large regions where broad trends are more important than specific details. Bedrock Deposits/Solid Geology Bedrock is a term that is used to describe consolidated rocks. The bedrock maps produced by BGS show the distribution and composition of the solid rocks. Where bedrock is not exposed at the surface an interpretation of the geology can be made from boreholes, mine plans, geophysical surveys and interpolation from adjacent areas. It is this process of interpretation that distinguishes the geological map, from a topographical map such as those produced by the Ordnance Survey. Because the geological maps are an interpretation of available data, they must be updated when new evidence becomes available or new scientific theories are established.

Understanding the configuration and properties of the bedrock is critical to many areas of our lives — construction and civil engineering, waste management, water and mineral resource extraction — the list could go on. Without an understanding of the bedrock geology of our country there can be no assurance of a safe environment or sustainable development. Other themes in this atlas draw heavily


on the data described on this page. The map is a generalisation of much more detailed source information. The bedrock geology of the UK is surveyed at a scale of 1:10,000 and maps are published at 1:50,000 scale. This information is now available in digital form (DigMapGB). This database is in Geographical Information Systems format and holds the spatial (vector) data and the linked geological attributes. The database is being added to daily. Currently the 1:50,000 scale database contains more than 400,000 units, and provides almost complete coverage of the country.

8.4.5 Hydrogeology and Hydrology Please note that some of this information is gathered from digital interpretations of available Environment Agency maps. All maps involve a degree of compromise between the representation of natural complexity and ease of interpretation of the map. Such compromises place limitations on the resolution and precision of information presented on the mapping. For example, in the case of information relating to groundwater vulnerability and soil leaching potential the actual geological strata and soil types is commonly heterogeneous, therefore the classification used is, out of necessity, typically generalised. Individual sites and circumstances may therefore require further and more detailed assessment to determine the specific impact on groundwater resources. Groundwater Vulnerability Groundwater is termed as water that has percolated through permeable rocks to below the water table and is stored in slowly flowing and slowly renewed underground reservoirs commonly called aquifers. There are various types of aquifers across the country and are typically dependant on the ability of soil or rock to hold water. These vast reserves of water are often pumped from boreholes for use in agriculture, industry and for potable supply. Contamination can affect water stored in aquifers and this is why such information is significant in the assessment of site specific risk. Aquifers are classified into three main categories shown in the table below, with minor and major categories being most at risk from contamination. Table 5 – Aquifer Classification

Aquifer Type Characteristics

Major Aquifers Highly fractured and porous rock such as chalk and limestone, containing large quantities of water. Generally very sensitive to contamination

Minor Aquifers Fractured or potentially fractured rocks, not possessing a high permeability and seldom yielding water in sufficient quantities for large-scale abstraction purposes. Can be important for local water supplies

Non-Aquifers Rocks generally regarded as containing insignificant quantities of groundwater. Some may yield small quantities for local water supplies

Soil Leaching Potential Soils have varying degrees of leaching potential. The leaching potential of soils is an indication of how easily water-soluble pollutants may pass through it. Soils with a low leaching potential indicates that pollutants will pass through the soil slowly, whilst soils of a high leaching potential indicates pollutants will pass through the soil relatively quickly. The leaching potential of the soil is determined by factors such as texture, clay content, structure and stratification. Soil leaching potential can be divided into three main categories, high, intermediate and low. Soil Classes Each soil leaching classification group is further sub-divided into sub-classes. Each is based on soil physical and chemical properties which affect the downward passage of water and contaminants and

http://www.bgs.ac.uk/products/digitalmaps/digmapgb.html


include texture, structure, soil water regime and the presence of distinctive layers such as peaty topsoil and rock or gravel at shallow depth. This classification is not applied to soils above non-aquifers. Please refer to the table overleaf for further information. Table 6 – Soil Classes

Major Aquifers

Soil Class Characteristics 1

Soils which readily transmit liquid discharges because they are either shallow, or susceptible to rapid flow directly to rock, gravel or groundwater.

2

Deep, permeable, coarse textured soils which readily transmit a wide range of pollutants because of their rapid drainage and low attenuation potential.

3

Coarse textured or moderately shallow soils which readily transmit non-adsorbed pollutants and liquid discharges, but which have some ability to attenuate absorbed pollutants because of their clay or organic matter content.

U Soil information for restored mineral workings and urban areas is based on fewer observations than elsewhere. A worst-case vulnerability classification is therefore assumed for these areas until proved otherwise.

Minor Aquifers

Soil Class Characteristics

1 Soils which can possibly transmit a wide range of pollutants.

2 Soils which can possibly transmit non-or weakly absorbed pollutants and liquid discharges but are unlikely to transmit absorbed pollutants.

U Soil information for restored mineral workings and urban areas is based on fewer observations than elsewhere. A worst-case vulnerability classification is therefore assumed for these areas until proved otherwise.

Abstraction Licences – Groundwater, Surface and Potable Water This section provides information on water abstraction licenses granted by the Environment Agency under the Water Resources Act of 1963 and 1991. These apply to anyone who wishes to abstract from controlled waters (either surface or groundwater). The purpose and quantity permitted by each abstraction license may vary. Since the implementation of the Water Act 2003 abstractions from controlled waters (either surface or groundwater) of 20 cubic meters (4,400 gallons) or less per day no longer require an abstraction licence. Approximately, 23,000 licences have been deregulated as they no longer require a licence under the new legislation. Whist the abstractor may have retained a protected right these licences are no longer live so they will not be included in the dataset. Under the Act, the Environment Agency is responsible for achieving sustainable management and development of water resources through the regulation of water abstraction. The data is extracted from the Environment Agency’s National Abstraction Licensing Database (NALD) and provides information on abstraction point location and abstraction purpose. The licensed quality of water that may be abstracted is not currently included due to multiple records for many licences causing erroneous volumes to be calculated. The NALD dataset contains details of all live water abstractions licences in England and Wales. Expired, lapsed and revoked licenses are excluded. The dataset is a static snapshot of NALD, which is a live system and is constantly being updated. It should be noted that new licences, issued since 1 April 2004, must have a time limit and thus an expiry date should be populated within the NALD. However, the expiry date is not a mandatory field within the NALD and so may have not been completed in every case.


The NGR(s) on the Environmental Setting Map represent the point at which the abstraction is authorized to take place. The number of mandatory NGRs is dependent on the point category as shown below; Single Point – one NGR required Used for any discrete single point – borehole/well or surface water abstraction point. Also can be used to identify the centre of a lake/pond from which abstraction is authorized. In some cases a single NGR may be used to identify the general location of a number of abstraction points. Reach – two NGRs required Used to define either:

a) A stretch of riverbank or lakeshore along which abstraction is permitted. Sine 1999 the convention is to use NGR1 for upstream point and NGR2 for the downstream point.

b) The start and end of a line of boreholes/ well points (a groundwater reach) Area / Polygon – four NGRs required Defines an area from or within which abstraction is authorized. It is used to represent licence ‘Point of Abstraction’ conditions, such as “Any point outlined in blue and shaded within the area”. Since 1999 the convention is to use NGR1 as the North West corner, NGR2 as the North East corner, NGR3 as the South East corner and NGR4 as the South West corner of the area specified. Source Protection Zones Source Protection Zones (SPZs) have been defined by the Environment Agency for nearly 2,000 groundwater sources (wells, boreholes and springs) used for public drinking water supply. This includes all significant public water supply, and also private wells or boreholes that supply water to potable or equivalent standards, such as mineral waters, breweries and food processing. Though SPZs have only been derived by the Environment Agency for the above types of source, there are many thousands of other licensed and unlicensed abstractions supporting industrial, agricultural, domestic and other uses which would be a local consideration. The Environment Agency use the zones in conjunction with their Groundwater Protection Policy to set up pollution prevention measures in areas which are at a higher risk, and to monitor the activities of potential polluters nearby. The shape and size of a zone depends on the condition of the ground, how the groundwater is removed, and other environmental factors. When the Environment Agency defines a zone they investigate how the groundwater behaves in that area, what infrastructure there is to get the water out into the public water supply and the process for doing this. From this the Environment Agency can develop a model of the groundwater environment on which to define the zones. The Environment Agency divides groundwater source catchments into four zones which are presented in the table below. Table 7 – Source Protection Zones

SPZ Type Characteristics

Zone 1 (Inner protection zone)

Any pollution that can travel to the borehole within 50 days from any point within the zone is classified as being inside zone 1. This applies at and below the water table. This zone also has a minimum 50 metre protection radius around the borehole. These criteria are designed to protect against the transmission of toxic chemicals and water-borne disease.

Zone 2 (Outer protection zone)

The outer zone covers pollution that takes up to 400 days to travel to the borehole or 25% of the total catchment area – whichever area is the biggest. This travel time is the minimum amount of time that the Environment Agency believes pollutants need to be diluted, reduced in strength or delayed by the time they reach the borehole.

Zone 3 (Total catchment) The total catchment is the total area needed to support removal of water from the borehole, and to support any discharge from the borehole.

Zone of Special Interest Sometimes, the Environment Agency defines a fourth zone. This is usually where local conditions mean that industrial sites and other polluters could affect the


groundwater source even though they are outside the normal catchment area. River Quality Regulations, established under the Water Resources Act (S.82 - S.83) classify water quality and set statutory water quality objectives (SWQOs) for individual stretches of water. SWQOs are to be set for some 40,000 km of rivers and canals as well as estuaries, coastal waters, lakes and groundwater. GroundSure provides information on recent Environment Agency surveys of surface waters. The classification provided relates to one of six grades (A to F) awarded depending upon biological or chemical water quality parameters. These grades are described in the table below. Table 8 – General Quality Assessment

Grade Environmental Quality A Very Good B Good C Fairly Good D Fair E Poor F Bad

The biological scheme is based on the macro-invertebrate communities of rivers and canals. Macro-invertebrates are small animals that can be seen with the naked eye. They include insects such as mayflies and caddis-flies, together with snails, shrimps, worms and many others. Macro-invertebrates are the most widely used organisms for biological assessment because they are found in virtually all fresh waters. What is more, they do not move far and respond to everything contained in the water, as well as to physical damage to their habitat. The chemical scheme is based on direct laboratory measurement of sampled water. Water is tested for a number of key environmental parameters that are chosen to provide a good indication of the overall environmental quality of the watercourse. This includes biological oxygen demand (BOD), chemical oxygen demand (COD), turbidity and the concentration of specific chemicals. Main Rivers Main Rivers are usually larger streams and rivers, but also include smaller watercourses of strategic drainage importance. The Data is derived from the Maps of Main Rivers (England and Wales) are held under section 193 of the Water Resources Act 1991, held by the Environment Agency. 8.4.6 Flooding Environment Agency Surface Water Flooding GroundSure Environmental Data Report comments upon whether a study site lies on or within 250m of an Environment Agency Zone 2 and Zone 3 floodplains. The Government’s Planning Policy Guidance 25 on Development and Flood Risk (PPG25) explains how flood risk should be considered at all stages of the planning and development process in order to reduce future damage to property and loss of life. Government looks to planning authorities to ensure that flood risk is properly taken into account in the planning of developments to reduce the risk of flooding and the damage which floods cause. The Environment Agency Flood Mapping Strategy covers a five-year period from 2003 to 2008 and sets out to improve the quality and coverage of data and information on flood risk. One of the key outputs of the strategy is the production of the flood zones, which have been produced in accordance


with Table 1 note (a) of PPG25, to enable planning authorities to apply the sequential test for development proposals and prevent inappropriate development. PPG25 defines the flood zones as: -

• Zone 1 – little or no risk with an annual probability of flooding from rivers and the sea of less than 0.1%

• Zone 2 – low to medium risk with an annual probability of flooding of 0.1-1.0% from rivers and 0.1-0.5% from the sea.

• Zone 3 – high risk with an annual probability of flooding of 1.0% or greater from rivers, and 0.5% or greater from the sea.

The flood zones are based on annual probabilities of flooding. It is unlikely, but possible, that a flood with, for example, an annual probability of 1% will occur two years running. The flood zones show the flooding that would occur to land without the presence of flood defences. The flood zones provide more accurate and consistent information on flood risk using the definitions detailed in PPG25 than the previous Indicative Floodplain Map (IFM). GroundSure will continue to update and provide improved flood zone information over time and as it is released by the Environment Agency. The flood zones are the main constraint map underpinning decisions on development and flood risk. Environment Agency Flood Defences Flood defence seeks to reduce the risk of flooding and to safeguard life, protect property, sustain economic activity and the natural environment. Flood defences are designed to protect against flood events of a particular magnitude, expressed as risk in any one year. For example, defences in urban areas may be built to provide protection against flood events of a size which might occur on average once in one hundred years or less. All flood defences constructed during the last five years have a standard of protection equal to or better than 1% for rivers and 0.5% from the sea. Some additional defences, which may be older or may have been designed to provide a lower standard of protection, are also shown within the data Groundsure provides.

The Water Resources Act (1991) gives the Environment Agency (EA) general supervision over all matters related to Flood Defence. The EA’s main responsibly is for the prevention of flooding of lowland under the Land Drainage Act (1991). The Environment Agency is the authority responsible for implementing and managing flood defence schemes in England and Wales. Today, the EA provides and maintains more than 34,000km of river and coastal defences in England and Wales and spends nearly £400 million each year on flood defence.

Environment Agency Flood Storage Areas Flood Storage Areas may also act as flood defences. A flood storage area may also be referred to as a balancing reservoir, storage basin or balancing pond. Its purpose is to attenuate an incoming flood peak to a flow level that can be accepted by the downstream channel. It may also delay the timing of a flood peak so that its volume is discharged over a longer time interval. A flood storage area may take the form of a wet or dry reservoir. A wet reservoir is a water storage facility in which storage can be effected by allowing water levels to rise during flood times. A dry reservoir is typically adjacent to a river and comprises an enclosed area that accepts water only at peak times. BGS Groundwater Flooding


Groundwater flooding occurs as a result of water rising up from the underlying rocks or from water flowing from abnormal springs. This tends to occur after much longer periods of sustained high rainfall. Higher rainfall means more water will infiltrate into the ground and cause the water table to rise above normally expected and anticipated levels. Groundwater tends to flow from areas where the ground level is high, to areas where the ground level is low. In low-lying areas the water table is usually at shallower depths anyway, but during very wet periods, with all the additional groundwater flowing towards these areas, the water table can rise up to the surface causing groundwater flooding.

In addition, groundwater flooding can cause many more problems for homeowners. More recently, patterns of groundwater use in cities have changed. Industrial activity has declined and many private boreholes have become disused as preference switched to public water supplies. A further factor was a decline in the quality of groundwater below cities because of surface contamination and in some cases saline intrusion from the sea or tidal rivers. Consequently water levels have begun to rise towards levels prevailing at the beginning of the nineteenth century. This has led to fears about the flooding of basements and damage to the foundations of buildings. The rising water levels are giving cause for concern.

The British Geological Society (BGS) Susceptibility to Groundwater Flooding hazard dataset identifies areas where geological conditions could potentially enable groundwater flooding to occur and where groundwater may come close to the ground surface. The dataset supplies with confidence information which provides an indication of the resolution and quality of the data behind the susceptibility assessment.

The susceptibility data is suitable for use for regional or national planning purposes where the groundwater flooding information will be used along with a range of other relevant information to inform land-use planning decisions. It might also be used in conjunction with a large number of other factors, e.g. records of previous incidents of groundwater flooding, rainfall, property type, and land drainage information, to establish relative, but not absolute, risk of groundwater flooding at a resolution of greater than a few hundred metres. In all cases it is strongly recommended that the confidence data is used in conjunction with the groundwater flooding susceptibility data. The susceptibility data should not be used on its own to make planning decisions at any scale, and, in particular, should not be used to inform planning decisions at the site scale. The susceptibility data cannot be used on its own to indicate risk of groundwater flooding.

The susceptibility to groundwater flooding is calibrated on a fivefold scale by the BGS:-

• Where Class 5 is the maximum susceptibility category encountered in the total search area - Where susceptibility is not applicable, this means that you need take no further action in relation to groundwater hazard in this area.

• Where Class 4 or Class 3 is the maximum susceptibility category encountered in the total

search area - Where low or moderate susceptibility is indicated, this means that, given the geological conditions, there may be a groundwater flooding hazard. Unless other relevant information, e.g., records of previous flooding suggests groundwater flooding has occurred before in this area, you need take no further action in relation to groundwater flooding hazard. If there are records of previous incidents of groundwater flooding, then it is recommended that other information e.g. rainfall history, property type, and land drainage information in addition to previous records of flooding be investigated in order to establish relative, but not absolute, risk of groundwater flooding.

Where Class 2 or Class 1 is the maximum susceptibility category encountered in the total

search area - Where moderately high or high susceptibility is indicated, this means that given the geological conditions in the area groundwater flooding hazard should be


considered in all land-use planning decisions. It is recommended that other relevant information e.g. records of previous incidents of groundwater flooding, rainfall, property type, and land drainage information be investigated in order to establish relative, but not absolute, risk of groundwater flooding.

The confidence rating is also measured on a five-fold scale - Low, Moderately Low, Moderate, Moderately High and High. This provides a relative indication of the BGS confidence in the accuracy of the susceptibility result for groundwater flooding. This is based on the amount and precision of the information used in the assessment. In areas with a relatively low level of confidence the susceptibility result should be treated with more caution. In other areas with higher levels of confidence the susceptibility result can be used with more confidence. 8.4.7. Ecological Designated Sites This section includes information on Sites of Special Scientific Interest (SSSIs), Local Nature Reserves (LNRs), National Nature Reserves (NNRs), Special Areas of Conservation (SAC), Special Protected Areas (SPAs), RAMSAR Sites, World Heritage Sites, Environmentally Sensitive Areas, Areas of Outstanding Natural Beauty (AONB) and National Parks. This information is provided by English Nature and The Countryside Council for Wales from records created under statutory legislation. Sites of Special Scientific Interest (SSSI) are designated under the Wildlife and Countryside Act 1981 as being of special nature conservation significance, either biological or geological. SSSIs form a national network of sites, and are subject to regulations designed to control management activities and protect against development. The original purpose of the SSSI system was to provide a representative series of sites regionally, by selecting the largest, richest or otherwise most significant examples. So it is by no means a comprehensive system. Local Nature Reserves (LNRs) are created by the Local Authorities and controlled by bylaws. LNRs are designated as they are either; of high natural interest in the local context or of some reasonable natural interest and of high value in the local context for formal education or research or of some reasonable natural interest and of high value in the local context for the informal enjoyment of nature by the public. Some but not all LNRs are also designated as SSSIs. National Nature Reserves (NNRs) are designated under the 1949 National Parks and Access to the Countryside Act which allows local authorities to designate land primarily for nature conservation purposes, although they are also designed to promote public access and form an educational facility. Special Areas of Conservation (SPC) and Special Protected Areas (SPA) are already designated as SSSIs but are especially important for conservation and protection. They may also be designated under the EU Habitats Directive. This Directive provides for the creation of a network of protected areas across the European Union to be known as ‘Natura 2000’ sites. Special Protected Areas (SPAS) are internationally important sites designated under the EC conservation of Wild Birds Directive 1979, in order to conserve the habitat of certain vulnerable birds and regularly occurring migratory birds. RAMSAR Sites are internationally important wetland sites adopted from the Convention of Wetlands of International Importance (1971) especially as water flow habitats and ratified by the UK Government in 1976. World Heritage Sites are sites of ‘outstanding universal value' in other words they are unique. The UK currently has responsibility for 27 World Heritage Sites. The 1972 World Heritage Convention aims to protect the values of cultural or natural sites, which could deteriorate or, worse, disappear, often through lack of funding to preserve them. For further information www.ukworldheritage.org.uk

http://www.ukworldheritage.org.uk/


The Environmentally Sensitive Areas Scheme was introduced in 1987 to offer incentives to encourage farmers to adopt agricultural practices which would safeguard and enhance parts of the country of particularly high landscape, wildlife or historic value. In England there are 22 Environmentally Sensitive Areas which cover approximately 10% of agricultural land. Areas of Outstanding Natural Beauty are areas of landscape with outstanding natural beauty and character that it is the nations interest to protect them. An area may be designated as an Area of Outstanding Natural Beauty due to flora, fauna, scenic views and historical or cultural associations. There are 40 AONB’s in England and Wales and 9 In Northern Ireland created by legislation of National Parks and Access to the Countryside Act 1949. AONB’s cover 18% of countryside in England and Wales. National Parks were designated in order to protect beautiful areas for our nation. There are 14 National Parks in the UK. Each National Park is run by a National Park Authority which has the responsibility to conserve and enhance the natural beauty, wildlife and cultural heritage; and promote opportunities for the understanding and enjoyment of the special qualities of National Parks by the public. For more information www.nationalparks.gov.uk. Nitrate Vulnerable Zones- Nitrate pollution is of concern because it has to be removed before water can be supplied to consumers, and it can harm the water environment. A total of 55% of England was designated as an NVZ in October 2002 and a recent review indicates the need to increase coverage to about 70%. The Nitrates Directive requires all known areas of land draining into nitrate polluted waters, as identified from Environment Agency monitoring data, to be identified for designation as NVZs. Mandatory Action Programme measures introduced under the EC Nitrate Directive (91/676/EEC), which came into force in NVZs on 19 December 1998 restrict the quantity and timing of applications of nitrogen fertilisers and livestock manures, largely equate to good agricultural practice and are therefore uncompensated. Nitrate Sensitive Areas fall within the areas designated as NVZs and were established as part of a voluntary incentive scheme (now closed to new entrants) for farmers to significantly change their farming practices to help reduce nitrate pollution of supplies of drinking water. These changes went well beyond good agricultural practice, thereby helping to ensure that the abstracted water meets the 50 mg/litre limit for nitrate laid down in the EC Drinking Water Directive (80/778/EEC). While over 60% of nitrate enters water from agricultural land, the 32 NSAs covered approximately 35,000 hectares of eligible agricultural land. 8.4.8 Natural Hazards Natural Subsidence Many factors may contribute to natural ground subsidence problems. Natural ground stability refers to the upward, lateral or downward movement of the ground that can be caused by a range of natural geological hazards. Such movements are typically in the order of centimetres, but exceptional circumstances can be larger. Significant natural ground instability has the potential to cause subsidence damage to some weaker buildings and structures. For instance, significant problems can arise in conurbations underlain by clay rich bedrock, such as over clay strata in the South East of England, or South Wales. Whilst surveyors are normally aware of local problem areas, data provided by the BGS can highlight areas where a significant potential for natural ground subsidence exists and which may need particular consideration.


The natural ground subsidence rating is obtained through the evaluation of six natural ground stability hazard datasets, which are supplied by the British Geological Survey (BGS). These datasets indicate the hazard posed by the occurrence of: Swell-Shrink Clay, Landslide, Compressible Ground, Collapsible Ground, Dissolution of Soluble Rocks and Running Sand. Where significant natural ground instability is indicated, its level of significance is expressed on a scale of A to E (‘low’ to ‘high’), relating to its potential to cause subsidence damage in buildings that may not have been constructed to appropriate standards.

The BGS recommended this process as a guide to assessing subsidence risk.

Shrink-Swell Clay Some clays increase or decrease in volume as they absorb or lose water. These volume changes can cause, either swelling (heave) or shrinking (subsidence). In rocks that contain clay, the amount of volume change will depend on both the amount and the type of clay minerals present because some clays can absorb more water than others with a proportionally greater effect.

The map indicates the potential for shrinking or swelling of the ground to be a hazard. The problem is most widespread in southern and eastern England where young clay-rich rocks are at or near the surface.

Detailed information on the location and extent of swelling and shrinking clays is relevant to planners, landowners, engineers and householders and to those in the property transaction and insurance sectors. In areas where swelling and shrinking clays are a problem, engineered foundation solutions should be put in place to counter any adverse effects. Before planting or removing trees and shrubs near buildings sited in areas with significant shrink-swell potential it is advisable to seek professional advice.

Swelling and shrinking clay potential has been assessed using 1:50,000 scale maps of bedrock geology and superficial deposits, combined with information from several hundred thousand borehole records, scientific documents and engineering reports, photographs and geotechnical property values from the National Geotechnical Properties Database.

Table 9 - The potential for shrinking or swelling of the ground to be a hazard is calibrated on a five-fold scale by BGS:-

GeoSure hazard rating

Level of Significance Description

A Negligible

Ground conditions predominantly non-plastic. No special actions required to avoid problems due to shrink-swell clays. No special ground investigation required, and increased construction costs or increased financial risks are unlikely likely due to potential problems with shrink-swell clays.

B Very Low

Ground conditions predominantly low plasticity. No special actions required to avoid problems due to shrink-swell clays. No special ground investigation required, and increased construction costs or increased financial risks are unlikely due to potential problems with shrink-swell clays.

C Low

Ground conditions predominantly medium plasticity. Do not plant trees with high soil moisture demands near to buildings. For new build, consideration should be given to advice published by the National House Building Council (NHBC) and the Building Research Establishment (BRE). There is a possible increase in construction cost to reduce potential shrink-swell problems. For existing property, there is a possible increase in insurance risk, especially during droughts or where vegetation with high moisture demands is present.

D Moderate

Ground conditions predominantly high plasticity. Do not plant or remove trees or shrubs near to buildings without expert advice about their effect and management. For new build, consideration should be given to advice published by the National House Building Council (NHBC) and the Building Research Establishment (BRE). There is a probable increase in construction cost to reduce potential shrink-swell problems. For existing property, there is a probable increase in insurance risk during droughts or where vegetation with high moisture demands is present.

E* High Ground conditions predominantly very high plasticity. Do not plant or remove trees or shrubs near to buildings without expert advice about their effect and management. For new build, consideration should be given to advice published by the National House Building Council (NHBC) and the




Building Research Establishment (BRE). There is likely to be an increase in construction cost to reduce potential shrink-swell problems. For existing property, there is a significant increase in insurance risk during droughts or where vegetation with high moisture demands is present.

*Note: Level E swell-shrink clay does NOT occur in the GeoSure V2 dataset, i.e., Level D represents the highest level (this is because there are worse swelling-clay hazards outside the UK) Running Sand Running sand occurs when loosely packed sand becomes fluidised by water flowing through the spaces between the grains. The pressure of the flowing water reduces the contact between the grains and they are swept along in the flow. This may occur in a number of situations, for example where springs occur at the base of sand bodies, in excavations below the water table, and when saturated sand is vibrated during an earthquake.

The potential for sand to ‘run’ is assessed by combining information on the type of geological material, its geotechnical properties and the position of the water table. In Britain, running sand occurs widely in the alluvial deposits of the river valleys and, in the south-east, in uncemented bedrock deposits, such as the Thanet, Bagshot, Bracklesham and Barton sands. Problems are usually associated with construction activities such as excavation, tunnelling and dewatering or with leaking water supplies.

Information on where sand has the potential to run and to create a hazard is of interest to planners, landowners, engineers and householders. In areas with significant running sand potential, leaks in water services can pose a serious problem. There will be a need for groundwater control (dewatering or closed shuttering) during ground excavation. Irrigation or surface water disposal can have unforeseen consequences when running sand is present.

Running sand potential has been identified by using the 1:50,000 scale digital geological map data (both bedrock geology and superficial deposits) in combination with information from several hundred thousand borehole records, scientific documents, engineering reports and photographs.

Table 10 - The potential for sand to ‘run’ is calibrated on a fivefold scale by BGS:



A Negligible

No indicators for running sand identified. No special actions required to avoid problems due to running sand. No special ground investigation required, and increased construction costs or increased financial risks are unlikely due to potential problems with running sand.

B Very Low

Very low potential for running sand problems if water table rises or if sandy strata are exposed to water. No special actions required, to avoid problems due to running sand. No special ground investigation required, and increased construction costs or increased financial risks are unlikely due to potential problems with running sand.

C Low

Possibility of running sand problems after major changes in ground conditions. Normal maintenance to avoid leakage of water-bearing services or water bodies (ponds, swimming pools) should reduce likelihood of problems due to running sand. For new build – consider possibility of running sand into trenches or excavations if water table is high or sandy strata are exposed to water. Avoid concentrated water inputs to site. Unlikely to be an increase in construction costs due to potential for running sand. For existing property – no significant increase in insurance risk due to running sand problems is likely.

D Moderate

Significant potential for running sand problems with relatively small changes in ground conditions. Avoid large amounts of water entering the ground (for example through pipe leakage or soak-aways). Do not dig (deep) holes into saturated ground near the property without technical advice. For new build – consider the consequences of soil and groundwater conditions during and after




construction. For existing property – possible increase in insurance risk from running sand, for example, due to water leakage, high rainfall events or flooding.

E High

Very significant potential for running sand problems. Avoid large amounts of water entering the ground, for example through pipe leakage or soak-always. Do not dig (deep) holes into saturated ground without technical advice. For new build – consider the consequences of soil and groundwater conditions during and after construction. Possible extra cost during construction. For existing property – possible increase in insurance risk from running sand, for instance ions due to water leakage, high rainfall events or flooding.

Landslide A landslide is the downward movement of ground under gravity. Movement may be relatively slow (slides) or fast (rockfalls) and may also affect flat ground above and below the moving slope. A slope remains stable while its strength is greater than the stress imposed by gravity. If the balance is disturbed, the ground moves until the stress is reduced or material strength is increased.

The landslide map indicates the potential for landslides to be a hazard; not unexpectedly the potential hazard is greatest in areas with steep slopes. The detailed dataset that underlies this map is based on a combination of the most important factors that cause landslides. These factors include the type of geological material and its geotechnical properties, discontinuities (fractures, joints and bedding planes), slope angle and the position of the water table.

All the 'hazard' themes are of relevance to planning, civil engineering and building design, insurance premium assessment and understanding, the threat to the stability of existing structures. In areas with significant landslide potential, material should not be removed from the bottom of slopes, nor should extra material be placed on such land. Slopes should be kept well drained by maintaining ditches. Tree planting on slopes enhances stability by encouraging root growth and removing moisture from the ground.

Landslide potential has been assessed using the 1:50 000 scale maps of bedrock geology and superficial deposits, together with information from several hundred thousand borehole records, scientific documents, engineering reports and photographs.

Table 11- The potential for landslides to be a hazard is calibrated on a fivefold scale by BGS:



A Negligible

No indicators for slope instability identified. No special actions required to avoid problems due to landslides. No special ground investigation required and increased construction costs or increased financial risks are unlikely due to potential problems with landslides.

B Very Low

Slope instability problems are unlikely to be present. No special actions required to avoid problems due to landslides. No special ground investigation required, and increased construction costs or increased financial risks are unlikely due to potential problems with landslides.

C Low

Possibility of slope instability problems after major changes in ground conditions. Consideration should be given to stability if changes to drainage or excavations take place. Possible increase in construction cost to reduce potential slope stability problems. Existing property – no significant increase in insurance risk due to natural slope instability problems.

D Moderate

Significant potential for slope instability with relatively small changes in ground conditions. Avoid large amounts of water entering the ground through pipe leakage or soak-aways. Do not undercut or place large amounts of material on slopes without technical advice. For new build – consider the potential and consequences of ground movement during excavations, or consequence of changes to loading or drainage. For existing property – probable increase in insurance risk is likely due to potential natural slope instability after changes to ground conditions such as a very long, excessively wet winter.




E High

Very significant potential for slope instability. Active or inactive landslides may be present; Seek expert advice about stability of the ground and the management of ground stability. For new build –slope stability assessment necessary, special design may be necessary, construction may not be possible. For existing property – significant increase in insurance risk in some cases. Site-specific consideration is necessary to separate cases where landslides are artificially or naturally stabilised from those that may be active or may fail.

Ground Dissolution

Rocks that dissolve to cause hazardous ground conditions fall into three main types. These are:

• rock salt, or common salt, which dissolves quickly causing general subsidence except where being extracted

• gypsum (hydrated calcium sulphate), which dissolves less rapidly but can cause local subsidence and cavities

• limestone/chalk (calcium carbonate), which dissolves slowly to form underground cavities that rarely collapse but may cause local subsidence, significant pathways for pollution and an irregular rock surface below superficial materials

This map indicates the presence of soluble rocks that may cause a potential hazard. The factors that are included in the assessment of this hazard are the type of rock, the properties of the surrounding materials, the shape of the ground surface and the position of the water table

The detailed data on which this map is based helps planners, landowners, engineers and householders to use land safely, maintain infrastructure efficiently and enables marginal land to be used beneficially by appropriate hazard management or avoidance. For example: in areas of soluble rocks, activities involving loading, infilling, excavation, surface drainage or changes to the water table may cause ground collapse, subsidence or groundwater pollution. Appropriate foundations such as raft or reinforced strip may be needed for safe construction. The data can be used to indicate whether there is a need for a site-specific assessment of the actual dissolution hazard when planning new buildings or change of land use.

Digital 1:50 000 scale geological maps of bedrock geology and superficial deposits provide the basis for this map. These data were combined with additional information on rock type, rock sequence, groundwater and ground surface contours.

Table 12 - The potential for soluble rocks that may cause a potential hazard is calibrated on a six-fold scale by BGS:



NULL

Soluble rocks are not present in the search area. No special actions required to avoid problems due to soluble rocks. No special ground investigation required, and increased construction costs or increased financial risks are unlikely due to potential problems with soluble rocks.

A Negligible

Soluble rocks are present, but unlikely to cause problems except under exceptional conditions. No special actions required to avoid problems due to soluble rocks. No special ground investigation required, and increased construction costs or increased financial risks are unlikely due to potential




problems with soluble rocks.

B Very Low

Significant soluble rocks are present, but with few dissolution features and no recorded subsidence. Problems unlikely except with considerable surface or subsurface water flow. No special actions required to avoid problems due to soluble rocks. No special ground investigation required or increased construction costs are likely. An increase in financial risk due to potential problems with soluble rocks is unlikely.

C Low

Significant soluble rocks are present, with some dissolution features, but no, or very little, recorded subsidence. Low possibility of subsidence occurring naturally, but may be possible in adverse conditions such as high surface or subsurface water flow. Consider implications for stability when changes to surface drainage or new construction are planned. For new build – site investigation should consider potential for dissolution problems on the site and its surroundings. Care should be taken with local drainage into the bedrock. For existing property – possible increase in insurance risk due to soluble rocks. Some possibility of potential liability due to groundwater pollution may be present.

D Moderate

Very significant soluble rocks are present, with numerous dissolution features and/or some recorded subsidence with a moderate possibility of local natural subsidence due to high surface or subsurface water flow. Do not load the land or undertake building work before obtaining specialist advice. Do not dispose of surface drainage to the ground. Maintain drainage infrastructure. For new build – specialist site investigation and stability assessment may be necessary before construction. Construction work may cause subsidence. Increased construction costs are likely. For existing property – probable increase in insurance risk due to soluble rocks. Some possibility of potential liability due to groundwater pollution may be present.

E High

Very significant soluble rocks are present, and there are numerous dissolution features and/or considerable recorded subsidence, with a high possibility of localised subsidence occurring naturally or in adverse conditions such as high surface or subsurface water flow. Obtain specialist advice to advise on need for stabilisation work and/or land management plan to maintain stability. Do not dispose of surface drainage into the ground. For new build – a specialist land stability assessment is necessary. Investigation, remediation and/or mitigation works may be necessary to stabilise the area. Construction work may cause subsidence. Surface drainage must not affect the karst system or groundwater. Increased construction costs are likely. For existing property – increase in insurance risk due to potential soluble rocks hazards. Potential liability due to groundwater pollution.

Compressible & Collapsible Deposits


Compressible and collapsible materials occur within young, near-surface geological deposits. Compressible materials are associated with soft sediments in river valleys, coastal areas, fenland and peat moors.

These individual maps indicate whether compressible or collapsible ground presents a potential hazard within an area. The method used assessed the presence of the most important factors that cause excessive or uneven settlement; these are combined, to give an overall assessment of the potential problem. The most important factors are the type of geological material, its geotechnical properties and microstructure.

In areas with significant potential for compression or collapse, uneven loading and changes to the water table (drainage or flooding) should be avoided. Appropriate foundations such as rafts or piles and flexible service connections may be needed. The detailed data, on which these maps are based, provide invaluable context and help identify whether a site-specific assessment of the actual hazard and risk is needed.

The potential for compressible or collapsible material to be a hazard has been assessed using 1:50 000 scale digital maps of bedrock geology and superficial deposits. These have been combined with information from several hundred thousand borehole records, scientific documents, engineering reports and photographs.

Table 13 - For compressible ground to present a potential hazard within an area is calibrated on a fivefold scale by the BGS:



A Negligible

No indicators for compressible deposits identified. No special actions required to avoid problems due to compressible deposits. No special ground investigation required, and increased construction costs or increased financial risks are unlikely due to potential problems with compressible deposits.

B Very Low

Very low potential for compressible deposits to be present. No special actions required to avoid problems due to compressible deposits. No special ground investigation required, and increased construction costs or increased financial risks are unlikely due to potential problems with compressible deposits.

C Low

Low potential of compressibility problems. Take technical advice regarding settlement when planning extensions to existing property. For new build – consider the possibility of settlement during construction due to compressible deposits. Unlikely to be increase in construction costs due to potential compressibility problems. For existing property – no significant increase in insurance risk due to compressibility problems.

D Moderate

Significant potential for compressibility problems. Avoid large differential loadings of ground. Do not drain or de-water ground near the property without technical advice. For new build – consider possibility of compressible ground in ground investigation, construction and building design. Consider effects of groundwater changes. Extra construction costs are likely. For existing property –possible increase in insurance risk from compressibility, especially if water conditions or loading of the ground change significantly.

E High

Very significant potential for compressibility problems. Avoid large differential loadings of ground. Do not drain or de-water ground near the property without technical advice. For new build –consider possibility of compressible ground in ground investigation, construction and building design. Consider effects of groundwater changes. Construction may not be possible at economic cost. For existing property – probable increase in insurance risk from compressibility especially if water conditions or loading of the ground change significantly.

Table 14 - For collapsible ground to present a potential hazard within an area is calibrated on a twofold scale by the BGS:



NULL No indicators for collapsible deposits identified; No special actions required to avoid problems due to collapsible deposits. No special ground investigation required, and increased construction costs




or increased financial risks are unlikely due to potential problems with collapsible deposits.

D Moderate

Significant potential for collapsible deposit problems with changes in loading or groundwater conditions. Avoid large amounts of water entering the ground, for instance through pipe leakage or soak-aways. Do not increase loading on existing foundations without technical advice. For new build – consider the possibility of collapsible deposits in ground investigation, design, construction and maintenance. For existing property – possible increase in insurance risk if collapsible deposits are present and if the loading or water conditions are changed, for instance by construction or flooding.

NOTE: Due to the “on/off” nature of the Collapsible Ground hazard, and its association with a particular type of “loessic” deposit, only Category D exists within the data 8.4.9 Mining Coal Mining The GroundSure Environmental Data Report provides information as to whether the property lies within a coal mining affected area. If a positive response is returned, then a coal mining report should be purchased from the Coal Authority. This can provide the following information:

• Past and Present Underground Coal Mining • Past and Present Opencast Coal Mining • Future Underground Coal Mining • Presence of Shafts and Adits around the study site • Details of geological faults or other mines of weakness activated by coal mining that may

have affected the property • Details of any coal mining related subsidence (as required under the Coal Mining Subsidence

Act, 1991) The amount of information provided may vary according to the records in the possession of the Coal Authority. Shallow Mining Subsidence Many types of mining such as ironstone or limestone extraction take place close to the surface. These types of mining can pose a subsidence risk as they sometimes cause surface collapse. This data is provided by the British Geological Survey and includes an assessment of the potential for many types of shallow mining, including coal, ironstone, sandstone and limestone (including Chalk). Extraction of such minerals can take place in workings close to the surface. These types of mining can pose a subsidence risk as they sometimes cause surface collapse. The BGS data search should be considered supplementary to a Coal Authority mining search. The data provided by the British Geological Survey (BGS) are rated on a five point scale ranging from negligible, through low, low-moderate, moderate, to moderate-high potential for ground subsidence. The range of values relates to the different types of rocks and the type of mining that may have been carried out within them and how likely this is to cause surface instability. For example, shallow workings in coal or ironstone pose a greater potential hazard than do shallow workings in limestone.


If the property is in a high risk area then further advice should be sought from a Royal Institute Chartered Surveyor (RICS), the local Building Control Officer, or by ordering a Geological Hazards Report from the BGS. Table 15 - The potential for shallow mining to be a hazard is rated on a five point scale ranging by BGS:

Description

Where level NULL (i.e. outside polygons) is the maximum categoryencountered in the total search area:

Where negligible potential is indicated, this means that the rocks underlying the area are not likely to have been mined at shallow depth. However, you should still find out whether or not a Coal Authority mining search is required in the area, for example, to check for deeper mining

Where Level 1 is the maximum category encountered in the total search area:

Where low potential is indicated, this means that the rocks underlying the area are of a type known to have been mined at shallow depth in some parts of the UK, but that it is unlikely to be of significant concern in this area. However, it is recommended that you do obtain a Coal Authority mining search in this area, which will provide a comprehensive search of former mining activity, including coal mining at deeper levels.

Where Level 2, 3 or 4 is the maximum category encountered in the total search area (note, level 5 does not occur in current dataset):

Where low-moderate, moderate or moderate-high potential is indicated, this means that the rocks underlying the area are of a type known to have been mined at shallow depth in some parts of the UK, and that such working may be possible in your area. In these cases it is recommended that you seek further advice from a Royal Institute Chartered Surveyor (RICS), the local Building Control Officer, or by ordering a Geological Report from the BGS. It is also recommended that you obtain a Coal Authority mining search, which will provide a comprehensive search of former mining activity, including coal mining at deeper levels.

9. Future Improvements GroundSure aims to constantly improve its services, both in terms of the products supplied, the data sets used and the continual professional development of all our staff. We consistently invest in compiling, updating and maintaining our numerous in-house databases as well as requiring our data suppliers to provide the most robust data sets available. GroundSure welcomes any suggestions or comments from our customers. Please contact us if there is particular information you would like to see included in our reports.


Glossary of Terms

Aquifer – A body of rock through which appreciable amounts of water can flow. Aquifers are an important source of fresh water in many parts of the UK.

Asbestos – Asbestos is a naturally occurring mineral and has been used in buildings predominantly for fire protection, thermal insulation and as a binder in thousands of products until the importation of which was banned in November 1999.

Biological Oxygen Demand (BOD) – BOD is the measure of the quantity of dissolved organic pollutants that can be removed in biological oxidation by bacteria.

British Geological Survey (BGS) – The BGS is the world's longest established national geological survey and the UK's centre for earth science and information and expertise.

Buildings Research Establishment (BRE) – The BRE is owned by the BRE Trust, a registered charity with a mission to champion excellence and innovation in the built environment.

Chemical Oxygen Demand (COD) – COD measures the quantity of dissolved organic pollutants that can be removed in chemical oxidation.

Control of Major Accident Hazards Regulations (COMAH) – COMAH applies mainly to the chemical industry, but also to some storage activities, explosives and nuclear sites, and other industries where threshold quantities of dangerous substances identified in the regulations are kept or used.

Department for the Environment, Food and Rural Affairs (DEFRA) – This is the government department responsible for formation of UK environmental policy and monitoring of standards and practices.

Dioxins – A general name for a family of chlorinated hydrocarbons, C12H4O2Cl4, typically used to refer to one isomer, TCDD, a by-product of pesticide manufacture: a toxic compound that is carcinogenic and teratogenic in certain animals.

Environment Agency – The Environment Agency is the government body responsible for the protection of the environment including rivers, flooding, and pollution in England and Wales.

Health Protection Agency (HPA) – Is an independent body that protects the health and well-being of everyone in England and Wales.

.Health and Safety Executive (HSE) – This government body is responsible for the regulation of almost all the risks to health and safety arising from work activity in Britain.

Hydrocarbons – A class of chemical compounds containing only the elements hydrogen and carbon. Petroleum hydrocarbons are obtained from naturally occurring reservoirs of crude petroleum, formed from the natural breakdown of plant and animal debris. The most common petroleum hydrocarbons include petrol, diesel, heating oils and lubricants.

Institute of Environmental Management & Assessment (IEMA) – This is the professional body responsible for promoting best practice standards in environmental management, auditing and assessment.


Integrated Pollution Prevention and Control (IPPC) – The IPPC Directive (96/61/EC) is being introduced across Europe to improve environmental protection standards. It lays down measures designed to prevent, or where that is not practical, reduce emissions to air, land and water.

Integrated Pollution Control (IPC) – Integrated Pollution Control is a system established, under Part I of the Environmental Protection Act 1990, to control pollution from industry. It applies to the most potentially polluting or technologically complex processes in England and Wales and is enforced by the Environment Agency.

Local Air Pollution Control (LAPC or LAAPC) – The Local Authority Air Pollution Control system was introduced under Part I of the Environmental Protection Act 1990. The system controls emissions to the atmosphere from various industrial sectors covering approximately 17,000 individual processes. It will gradually be replaced by the similar Local Authority Pollution Prevention and Control (LAPPC) system under the Pollution Prevention and Control Act 1999.

Leachate – A liquid, which seeps through a landfill, and by so doing, extracts substances from the deposited wastes.

Macro-invertebrates – Larger creatures which lack a backbone such as worms, molluscs and insects.

Map Epoch – The time period during which a map survey was carried out.

Main River – Main Rivers are usually larger streams and rivers, but also include smaller watercourses of strategic drainage importance.

Notification of Installations Handing Hazardous Sites Regulations (NIHHS) – The NIHHS Regulations require emergency plans to be kept up to date and regularly tested.

National Nature Reserves (NNRs) – National Nature Reserves were established to protect the most important areas of wildlife habitat and geological formations in Britain, and as places for scientific research.

Radioactive Substance Authorisations (RSA) – Radioactive Substances Authorisations are granted under the Radioactive Substances Act (RSA) 1993. This Act controls the storage, use and disposal of radioactive substances, through authorisation and registration systems and provides for access to information regarding sites holding such consents.

Scottish Environmental Protection Agency (SEPA) – The Scottish Environmental Protection Agency is responsible for the protection of the environment in Scotland.

Special Areas of Conservation (SACs) – Special Areas of Conservation are strictly protected sites designated under the EC Habitats Directive.

Site of Special Scientific Interest (SSSI) – SSSIs are the country's very best wildlife and geological sites.

Source Protection Zone (SPZ) – Show the risk of contamination from any activities that might cause pollution in the area.

Special Protection Areas (SPAs) – Special Protection Areas are strictly protected sites classified in accordance with Article 4 of the EC Directive on the conservation of wild birds (79/409/EEC), also known as the Birds Directive, which came into force in April 1979.

http://www.hmso.gov.uk/acts/summary/01990043.htm

http://www.jncc.gov.uk/page-1373


Statutory Water Quality Objectives (SWQOs) – For each stretch of a river the Environment Agency establishes a river quality objective. This reflects the uses to which the waters are put and is the basis for deciding the discharges which can be allowed.


Appendix 1- GroundSure Limited Standard Terms and conditions

1 Definitions

In these conditions unless the context otherwise requires:

“Beneficiary” means the Customer or the client of the Customer for whom the Customer has procured the Services.

“Consultancy Services” mean consultancy services provided by GroundSure including, without limitation, carrying out interpretation of third party and in-house environmental data, provision of environmental consultancy advice, undertaking environmental audits and assessments, site investigation, site monitoring and related items.

“Content” means any data, database or other information contained in a Report or Mapping which is provided to GroundSure by a Data Provider.

“Contract” means the contract between GroundSure and the Customer for the performance of the Services which shall incorporate these conditions, the relevant GroundSure user guide, proposal by GroundSure and the content of any subsequent report, and any agreed amendments in accordance with condition 12.

“Customer” means the party that submits an Order or commissions GroundSure further to a written proposal for environmental consultancy services.

“Data Provider” means any third party providing Content to GroundSure.

“Data Report” means reports comprising factual data with no professional interpretation in respect of the level of likely risk and/or liability available from GroundSure.

“GroundSure” means GroundSure Limited, a company registered in England and Wales under number 03421028 and whose registered office is at Greater London House, Hampstead Road, London NW1 7EJ.

“Intellectual Property” means any patent, copyright, registered design rights, service marks, moral rights, data protection rights, know-how, trade mark or other intellectual property rights.

“Mapping” an historical map or a combination of historical maps of various ages, time periods and scales available from GroundSure;

“Order” means an order form submitted by or for the Beneficiary requiring Services from GroundSure in respect of a specified site.

“Report” means a Risk Screening or Data Report for commercial or residential property available from GroundSure relating to a site identified in the Order prepared in accordance with the specifications set out in the relevant user guide.

“Risk Screening” means one of GroundSure’s risk screening reports such as GroundSure Homebuyers; GroundSure Home Environmental GroundSure SiteGuard, GroundSure Screening, GroundSure Review, GroundSure Developer Review, or any other risk screening report available from GroundSure.

“Services” means the provision of any Report, Mapping and Consultancy Services which GroundSure has agreed to carry out for the Customer/Beneficiary on these terms and conditions in respect of a site detailed in the Order.

2Scope of Services

2.1GroundSure agrees to carry out the Services in accordance with the Contract and to the extent set out therein.

2.2GroundSure shall exercise all reasonable skill, care and diligence in the performance of the Services.

2.3The Customer acknowledges that it has not relied on any statement or representation made by or on behalf of GroundSure which is not set out and expressly agreed in the Contract.

2.4Terms and conditions appearing on a Customer’s order form, printed stationery or other communication, including invoices, to GroundSure, its employees, servants, agents or other representatives shall be of no effect and these terms and conditions shall prevail over all others.

2.5In the event that a Customer/Beneficiary opts to take out insurance in conjunction with or as a result of the Services, such insurance shall be subject solely to the terms of any policy issued to it in that respect and GroundSure will have no liability therefore.

3The Customer’s obligations

3.1The Customer shall be solely responsible for ensuring that the Report/Mapping ordered is appropriate and suitable for the Beneficiary’s needs.

3.2The Customer shall (or shall procure that the Beneficiary shall) supply to GroundSure as soon as practicable and without charge all information necessary and accurate relevant data including any specific and/or unusual environmental information relating to the site known to the Customer/Beneficiary which may pertain to the Services and shall give such assistance as


GroundSure shall reasonably require in the performance of the Services (including, without limitation, access to a site, facilities and equipment as agreed in the Contract).

3.3Where Customer/Beneficiary approval or decision is required, such approval or decision shall be given or procured in reasonable time as not to delay or disrupt the performance of any other part of the Services.

3.4The Customer shall not and shall procure that the Beneficiary shall not, save as expressly permitted by these terms and conditions, re-sell, alter, add to, amend or use out of context the content of any Report, Mapping,or in respect of any service or information given by GroundSure. For the avoidance of doubt, the Customer and Beneficiary may make the Report, Mapping or GroundSure’s findings available to a third party, but such third party cannot rely on the same unless expressly permitted under condition 4.

3.5The Customer is responsible for maintaining the confidentiality of its user name and password if using GroundSure’s internet ordering service and accepts responsibility for all activity that occurs under such account and password.

4Reliance

4.1Upon full payment of all relevant fees and subject to the provisions of these terms and conditions, the Customer and Beneficiary are granted an irrevocable royalty-free licence to use the information contained in the Report, Mapping or in a report prepared by GroundSure in respect of or arising out of the Consultancy Services. The Services may only be used for the benefit of the Customer and those persons listed in conditions 4.2 and 4.3.

4.2 In relation to Data Reports, Mapping and Risk Screening, reliance shall be limited to the Customer, Beneficiary and subsequent first purchaser or first tenant of the site including the professional advisers and lenders of each. For the avoidance of doubt, such persons shall include any entity necessary under the Housing Act 2004 or as legally required because of the Home Information Pack.

4.3 In relation to Consultancy Services, reliance shall be limited to the Customer, Beneficiary and named parties on the GroundSure proposal and subsequent report.

4.4 No party referred to in conditions 4.2 and 4.3 shall assign any rights or obligations under these terms and conditions without the prior written consent of GroundSure. GroundSure reserves the right to charge an assignment fee which will be no higher than 15% of the original fee or £250 whichever is the highest. GroundSure may assign its rights and obligations under these terms.

4.5Save as set out in conditions 4.2 and 4.3, unless otherwise agreed in writing with GroundSure, any other party considering the information within a Report, Mapping or proposal and subsequent report in respect of Consultancy Services, including insurance underwriters, does so at their own risk and GroundSure has no legal obligations to such party unless otherwise agreed in writing.

4.6The Customer shall not and shall procure that any person (including the Beneficiary) who is provided with a copy of any Report shall not: (a) remove, suppress or modify any trade mark, copyright or other proprietary marking from the Report or Mapping; (b) create any product which is derived directly or indirectly from the data contained in the Report or Mapping; (c) combine the Report or Mapping with, or incorporate the Report or Mapping into any other information data or service; or (d) re-format or otherwise change (whether by modification, addition or enhancement) data or images contained in the Report or Mapping save to the extent that the Customer is adding its assessment to the Report or Mapping solely for the purposes of providing its services to the Beneficiary.

4.7Without prejudice to any other right or remedy available to GroundSure including without limitation any claim for infringement of copyright, breach of confidence or contract or otherwise howsoever arising if the Customer or a person to whom a Report or Mapping is provided, breaches any of the provisions of this condition 4, the Customer shall fully and effectually indemnify GroundSure and hold it harmless against any claim by any third party who may claim to have sustained injury loss or damage by reason of their reliance upon any report or document which GroundSure may have prepared for the Customer or upon the contents thereof.

5Fees and Disbursements

5.1GroundSure shall charge the Customer fees at the rate and frequency specified in the Contract together with all proper disbursements made in performing the Services. The Customer shall in addition pay all value added tax or other tax payable on such fees and disbursements in the country concerned in relation to the provision of the Services.

5.2Unless GroundSure requires prepayment, the Customer shall promptly pay all fees disbursements and other monies due to GroundSure in full without deduction, counterclaim or set off together with such Value Added Tax or equivalent local tax as may be required within 30 days from the date of GroundSure’s invoice. GroundSure reserves the right to charge interest which shall accrue on a daily basis from the date of invoice until the date of payment (whether before or after judgment) at the rate of two per cent per month.

5.3In the event that the Customer disputes the amount payable in respect of GroundSure’s invoice it shall notify GroundSure no later than 28 days after the date thereof that it is in dispute. In default of such notification the Customer shall be deemed to have agreed the amount thereof which shall thereupon be due and payable. As soon as reasonably practicable following receipt of any disputed invoice, a member of the management team at GroundSure shall contact the Customer and the parties shall use all reasonable endeavours to resolve the dispute.

6 Intellectual Property


6.1Unless expressly agreed in writing to the contrary GroundSure and its Data Providers (where relevant) retain all Intellectual Property rights and proprietary rights in all information, Content and data reproduced in a Report or as part of the Consultancy Services.

6.2Data Providers may enforce any breach of condition 6.1 against the Customer or Beneficiary.

7 Liability

7.1GroundSure shall not be liable to pay compensation to the Customer or any person to whom the Customer provides a copy of the Report, Mapping or results of the Consultancy Services in any circumstances whatsoever unless arising out of a breach on its part of the obligations set out in the Contract.

7.2GroundSure shall not be liable if the Services are used otherwise than as provided or referred to in these conditions

7.3Where any person is engaged whether by the Customer or by GroundSure on the Customer or Beneficiary’s behalf in the performance of the Services or any part thereof GroundSure shall not be liable for acts of negligence, default or omission by such person.

7.4GroundSure makes no representation, warranties, express or implied, as to the accuracy, reliability, completeness, validity or fitness for purpose of the Content shall not be liable for any omission, error or inaccuracy in relation thereto.

7.5GroundSure shall not be liable for any inaccurate statement or risk rating in a Report which resulted from a reasonable interpretation of the Content.

7.6GroundSure shall not be liable for any indirect losses, loss of profit nor consequential loss caused by the suspension or reduction of activity on the site.

7.7 Notwithstanding anything to the contrary contained elsewhere in the Contract, and irrespective of whether multiple parties make use of the same Services, the total liability of GroundSure under or in connection with the Contract, whether in contract in tort for breach of statutory duty or otherwise shall not exceed the amount of GroundSure’s insurance as provided for below.

7.8GroundSure shall maintain professional indemnity insurance in respect of its liabilities in respect of the Services (provided it is available at reasonable commercial rates) giving cover of not less than £5 million in the aggregate which amount shall first include the whole of any sum payable for death or personal injury. GroundSure shall produce evidence of such insurance if requested by the Customer. A greater level of cover may be available upon request and agreement with the Customer.

7.9The Customer shall be liable to indemnify GroundSure where any loss arises as a result of any breach on the part of the Customer of its obligations under these terms and conditions.

7.10GroundSure’s liability under the Contract shall cease upon the expiry of six years from the date when the Customer/Beneficiary became aware that it may have a claim against GroundSure in respect of the Services provided always that there shall be no liability at the expiration of twelve years from the completion of the Contract.

7.11Whilst GroundSure will use all reasonable endeavours to maintain operability of its internet ordering service it will not be liable for any loss or damages caused by a delay or loss of use of such service. The Customer shall use GroundSure’s internet ordering service at its own risk. GroundSure shall not be responsible for any damage to a Customer or permitted assignee’s computer, software, modem, telephone or other property resulting from the use of GroundSure’s internet ordering service.

7.12The Customer accepts, and shall procure that anyone who is provided with a copy of the Report accepts, that it has no claim or recourse to any Data Provider or to GroundSure in respect of the acts or omissions of such Data Providers including Content supplied by them.

7.13Nothing in these terms and conditions shall limit GroundSure’s liability for causing death or personal injury through negligence or wilful default.

7.14GroundSure accepts no liability for use of any residential Reports or any data or information contained therein for development or other commercial property purposes in respect of which a commercial Report should have been obtained.

8 Remediation

8.1 For the purpose of this condition 8, ‘Claimant’ shall mean one of: (a) the Beneficiary, (b) the purchaser of the site from the Beneficiary or (c) the funder of (a) or (b) as applicable.

8.2 This condition 8 shall apply solely to GroundSure Homebuyers and GroundSure Home Environmental with passed rather than failed status.

8.3 GroundSure may, at its sole discretion without any admission of liability, make a contribution to the Claimant towards the costs of any clean up works required to be carried out under a notice served on a Claimant in respect of a site under Part II (A) Environmental protection Act 1990 (“Remediation Notice”) on the terms of this condition 8 (“Clean up Award”).

8.4 The Clean up Award:

(a) is only available once in respect of a site and to one Claimant only;(b) shall only apply where the site is a single residential dwelling house or a single residential flat within a block of flats. For the avoidance of doubt, a Clean up Award will not be considered in respect of commercial property or to any site being developed or redeveloped whether for residential purposes or otherwise; and (c) shall only apply to contamination or a pollution occurring as at or prior to the date of GroundSure Homebuyers.

8.5 The Clean up Award will not be paid in respect of any of the following, including without limitation:


(a) asbestos; (b) radioactive contamination arising directly or indirectly from or in connection with ionising radiations or contamination by radioactivity from any nuclear waste or fuel; from the combustion of nuclear fuel or the radioactive toxic explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; (c) naturally occurring materials or their removal except where such materials are present in excess of their natural concentration; (d) any condition caused by acts of war or an act of terrorism;(e) any condition which is known or ought reasonably to have been known to the Claimant prior to the purchase of GroundSure Homebuyers; (f) non-compliance by the Claimant or any other person with respect to the site with any statute, regulation, byelaws complaint, or notice from any regulatory authority; (g) any property belonging to or in the custody or control of the Claimant which does not form a fixed part of the site or the structure; (h)any losses incurred following a material change in use of, alteration or development of the site; or (i) financial loss in respect of loss of rental, profit, revenue, savings, business or any consequential, indirect or economic loss, damages or expenses, including the cost of temporary accommodation or business interruption.

8.6 In the event the Claimant wishes to apply for a Clean up Award, it shall notify GroundSure in writing within 3 months of the date of the Remediation Notice. The Claimant shall comply with all reasonable requirements of GroundSure with regard to the commission and conduct of the clean up works to be carried out under the Remediation Notice. In the event that the Claimant breaches this provision including, without limitation, failing to obtain GroundSure’s prior written consent in respect of estimates for such works GroundSure shall not be required to pay a Clean up Award.

8.7 GroundSure shall only pay a Clean up Award where a Remediation Notice is served within 36 months of the date of GroundSure Homebuyers.

8.8 The maximum sum of any Clean up Award shall be £60,000 and shall be paid subject to the Claimant having paid to GroundSure an excess in respect of its claim of £5,000.

8.9 GroundSure reserves the right at any time to withdraw the offer of payment of a Clean up Award.

8.10 The Claimant shall take all reasonable steps to appeal such Remediation Notice and mitigate any costs incurred in connection with the remediation works required under the terms of any Remediation Notice. GroundSure reserves the right to withhold or reduce the amount of its Clean up Award in the event of a breach of this condition or an appeal is still active.

9 GroundSure right to suspend or terminate

9.1In the event that GroundSure reasonably believes that the Customer or Beneficiary as applicable has not provided the information or assistance required to enable the proper performance of the Services, GroundSure shall be entitled on fourteen days written notice to suspend all further performance of the Services until such time as any such deficiency has been made good.

9.2 GroundSure may additionally terminate the Contract immediately on written notice in the event that:

(i)the Customer shall fail to pay any sum due to GroundSure within 28 days of the due date for payment; or (ii) the Customer (being an individual) has a bankruptcy order made against him or (being a company) shall enter into liquidation whether compulsory or voluntary or have an Administration Order made against it or if a Receiver shall be appointed over the whole or any part of its property assets or undertaking or if the Customer is struck off the Register of Companies or dissolved; or(iii) the Customer being a company is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or being an individual appears unable to pay his debts within the meaning of Section 268 of the Insolvency Act 1986 or if the Customer shall enter into a composition or arrangement with the Customer’s creditors or shall suffer distress or execution to be levied on his goods; or (iv)the Customer breaches any material term of the Contract (including, but not limited to, the obligations in condition 4) incapable of remedy then and in any such case GroundSure shall be entitled to a fair and reasonable amount on account of the fees due commensurate with the services performed to the date of such termination and any outstanding expenses or other disbursements that it may have incurred in respect of the Contract including without limitation equipment hire costs for the remainder of any lease, storage costs, transportation costs, labour costs or sub-contractor fees.

10 Customer’s Right to Terminate and Suspend

10.1Subject to condition 11.2, the Customer may at any time after commencement of the Services by notice in writing to GroundSure require GroundSure to terminate or suspend immediately performance of all or any of the Services.

10.2 The Customer waives all and any right of cancellation it may have under the Consumer Protection (Distance Selling) Regulations 2000 (as amended) in respect of the Order of a Report/Mapping.

11 Consequences of Withdrawal, Termination or Suspension

11.1 Upon termination or any suspension of the Services, GroundSure shall take steps to bring to an end the Services in an orderly manner, vacate any site with all reasonable speed and shall deliver to the Customer/Beneficiary any property of the Customer/Beneficiary in GroundSure’s possession or control.

11.2 The Customer shall pay to GroundSure all and any fees as are due in respect of the Services performed up to or in respect of such termination or suspension.

12General

12.1GroundSure and the Customer agree not to rescind or vary these terms and conditions to Ordnance Survey’s or its successor’s detriment without obtaining Ordnance Survey’s or its successor’s prior written consent.


12.2Subject to condition 12.1, GroundSure reserves the right to amend these terms and conditions. No variation to these terms shall be valid unless signed by GroundSure or made in accordance with condition 12.1.

12.3No failure on the part of GroundSure to exercise and no delay in exercising, any right, power or provision under these terms and conditions shall operate as a waiver thereof.

12.4 Save as expressly provided in conditions 6.2 and 12.5, no person other than the Customer, Beneficiary and GroundSure shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce any terms of these terms and conditions.

12.5 The Secretary of State for Communities and Local Government acting through Ordnance Survey, may enforce breach of conditions 6.1 or 12.1 of these terms and conditions against the Customer in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.

12.6 GroundSure shall not be liable to the Customer if the provision of the Services is delayed or prevented by any circumstance which is beyond GroundSure’s reasonable control including without limitation one or more of the following circumstances:

(i) the Customer or Beneficiary’s failure to provide facilities, access or information; (ii)fire, storm, flood, tempest or epidemic; (iii)process shutdown; (iv) Acts of God or the public enemy; (v)riot, civil commotion or war; (vi)strikes, labour disputes or industrial action; (vii) acts or regulations of any governmental or other agency; (viii)suspension or delay of services at public registries by Data Providers; or (ix) changes in law.

12.7Any notice provided for shall be in writing and shall be deemed to be properly given if delivered by hand or sent by first class post, facsimile or by email to the address, facsimile number or email address of the relevant party as may have been notified by each party to the other for such purpose or in the absence of such notification the last known address.

12.8Such notice shall be deemed to have been received on the day of delivery if delivered by hand, facsimile or email and on the second working day after the day of posting if sent by first class post.

12.9The Contract constitutes the entire contract between the parties and shall supersede all previous arrangements between the parties.

12.10Each of the provisions of the Contract is severable and distinct from the others and if one or more provisions is or should become invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be tainted or impaired.

12.11 These terms and conditions shall be governed by and construed in accordance with English law and any proceedings arising out of or connected with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

12.12These terms and conditions were produced on 28 May 2008.


If you would like further assistance regarding this user guide please contact GroundSure on (T) 01273 819 700, (F) 01273 819 550, email: info @ groundsure.com

32

Appendix II – GroundSure’s Data Guide and Update Frequency Version 4.1

Name Description Source Type Date Update

LAAPC (LAPC) Authorisations

The Environmental Protection Act 1990 gave local authorities powers to control air pollution from a range of prescribed (Part B) processes. In Scotland these powers were transferred to the Scottish Environmental Protection Agency (SEPA). These processes include operations such as the burning of waste oils, paint spraying operations and petrol vapour recovery processes.

Under recent legislation LAPC or Part B processes will be regulated under the concept of Integrated Pollution Prevention and Control, as required by the 1996 EU Integrated Pollution Prevention and Control Directive. This will be implemented via the Pollution Prevention and Control (England and Wales) Regulations 2000 and once all sites have been brought within the new regulations, part I of EPA 1990 will be revoked. Under this legislation some sites will be deemed as A2 sites and will then be regulated by the Environment Agency, whilst those remaining will still be regulated by local authorities.

These data are collected and geocoded by GroundSure.

GroundSure Point and Text

1991 - Annually / Variable

BGS/DoE Recorded Landfill Sites

These records relate to a survey of active landfill sites conducted on behalf of the DoE in 1973. The data are geocoded by BGS and includes over 3000 sites accepting waste prior to the Control of Pollution Act 1974. Such sites would not have been subject to any strict regulation or monitoring. More information relating to these records may be available from the BGS archives.

British Geological Survey

Point and Text

As at 1973 Not Applicable

Coal Mining Areas

This data comprises areas which may be affected by Coal Mining activity. The data is made up of 1km square polygons.

Coal Authority

Polygon Not Applicable

Variable

COMAH Sites These records relate to the COMAH (Control of Major Accident Hazards Regulations) 1999 (SI 981) which came into effect in England and Wales in April 1999 and amend both the Planning (Hazardous Substance) Act and the Regulations which implement requirements of the 1996 EU Directive on the Control of Major Accident Hazards.

Although supplied as point data by the HSE, many COMAH sites have had their boundaries digitised by GroundSure and are now provided as polygon data. More recently, since September 11th, the HSE has been unable to re-supply these data as frequently as before. This is shortly to be addressed.

Health and Safety Executive

Polygon & Text

1999 - Bi-Annually



33

Current land Use These records relate to a sub-set of data derived from Point X database and focuses on those sites most likely to be carrying out potentially contaminative activities. The data is geo-coded by OS Point X.

Point X Point & Text

- Annually

Dangerous Substances Inventory (Sites 1 & 2)

These records relate to industrial site discharges regulated under The Surface Waters (Dangerous Substances Classification) Regulations 1989 (SI 2286), amended 1992 and The Surface Waters (Dangerous Substances Classification) Regulations 1997 (SI 2560) and 1998 (SI 389).

These regulations set water quality objectives for a number of key substances specified by various EU Directives. These substances include specific Black List (List I) substances and a total of 20 List II substances. These substances are highly toxic and include a number of chlorinated solvents. The main sources of such substances include large industrial plants and sewage treatment works.

Environment Agency

Point and Text

- Bi-Annually – with incremental updates as available

Designated Sites A number of datasets are available from English Nature, Countryside Commission for Wales, the Environment & Heritage Service for Northern Ireland and Scottish Natural Heritage. These include Sites of Special Scientific Interest, National Nature Reserves, Local Natural Reserves, Special Protected Areas, Special Areas of Conservation & RAMSAR Sites.

World Heritage Sites are taken from the UNESCO’s database. There are currently 27 World Heritage Sites in the UK.

Various UNESCO

Polygon & Text Point & Text

- 1972 -

Variable Variable

Discharge Consents, Red List Discharge Consents

These records relate to sites regulated under the Water Resources Act 1991 wherein the discharge or other entry to Controlled Waters (rivers, streams, lakes, groundwater etc.) of any poisonous, noxious or polluting matter is prohibited. Businesses that discharge trade or sewage effluent to controlled waters require a consent from the Environment Agency.

Both ‘red list’ substance and non ‘red list’ substance consents are geo-coded by the Environment Agency using 1:50,000 mapping. Records without valid grid references are further reviewed and geo-coded by GroundSure if sufficient information is present.

Environment Agency

Point and Text

1950s - Bi-Annually – with incremental updates as available

Environment Agency Registered Active Landfill Sites

These landfill records relate to sites issued with a licence to operate from the Environment Agency. This provides accurate boundary information illustrating the extent of currently operating sites. In some cases these may correspond with closed licences.

Environment Agency

Polygon & Text

1976 - Variable

Environment Agency Registered Closed Landfill Sites

These landfill records relate to sites issued with a licence to operate from the Environment Agency. This information data is included in reports as indicative and is currently being quality checked by the Agency.

Environment Agency

Polygon, Point & Text

1976 - Variable



34

Extreme Flooding from Rivers or Sea without Defences (Zone 2)

Flood Zones are defined by the Government's Planning Policy Guidance 25 on 'Development and flood Risk' for England (PPG25), July 2001. The Flood Zones illustrate the probability of flooding across England for planning consultation. The Flood Zones have been identified using the best available data held by the Environment Agency ignoring the presence of flood defences (as required by PPG25, reference table 1 note (a)). Flood Zones or flood extents included in the Flood Map are the Agency’s best estimate of the areas of land, ignoring the presence of defences. Areas classified as being within ‘Flood Zone 2’ have an annual probability of flooding of 0.1% (1 in 1000) or greater from rivers and the sea, but less than 1% from rivers or 0.5% from the sea.

This definition of Flood Zone 2 applies only in England. Equivalent data is also provided for Wales, although in Wales the data on this layer of the Flood Map does not have the same relationship to Planning Guidance and is not referred to as Flood Zones.

Environment Agency

Polygon and Text

2005 - Quarterly

Flood Defences This is the Environment Agency's holding of Linear Flood Defences. This dataset contains all flood defences constructed during the last five years with a standard of protection equal to or better than 1% for rivers and 0.5% from the sea. Some additional defences, which may be older or may have been designed to provide a lower standard of protection, are also shown where the information is currently available. This layer comprises linear flood defences, for example flood embankments and walls.

Environment Agency

Polygon and Text

2005 - Quarterly

Flooding from Rivers or Sea without Defences

(Zone 3)

Flood Zones are defined by the Government's Planning Policy Guidance 25 on 'Development and Flood Risk' for England (PPG25) dated July 2001. The Flood Zones illustrate the probability of flooding across England for planning consultation. The Flood Zones have been identified using the best available data held by the Environment Agency ignoring the presence of flood defences (as required by PPG25, reference table 1 note (a)). Flood Zones or flood extents included in the Flood Map are the Agency’s best estimate of the areas of land, ignoring the presence of defences. Areas classified as being within ‘Flood Zone 3’ have an annual probability of flooding of 1.0% (1 in 100) or greater from rivers, and 0.5% (1 in 200) or greater from the sea.

This definition of Flood Zone 3 applies only in England. Equivalent data is also provided for Wales, although in Wales the data on this layer of the Flood Map does not have the same relationship to Planning Guidance and is not referred to as Flood Zones.

Environment Agency

Polygon and Text

2005 - Quarterly



35

Groundwater Vulnerability

Groundwater is contained within water bearing rocks, or aquifers, of which there are various types across the country. These vast reserves of water are often pumped from boreholes for use in agriculture, industry and for domestic use. Contamination can affect water stored in aquifers and this is why such information is significant in the assessment of site-specific risk.

Aquifers are classified into three main categories of major, minor and non-aquifer.

Soils have varying degrees of leaching potential. This indicates how easily water-soluble pollutants may pass through it. Low leaching potential indicates that pollutants will pass though the soil slowly, whilst high leaching potential indicates pollutants will pass through the soil relatively quickly. The leaching potential of the soil is determined by factors such as texture, structure and stratification and can be divided into three main categories: high intermediate and low.

This dataset is provided by the Environment Agency and is based on 1:100,000 scale digitised data.

Environment Agency

Polygon and Text

Not applicable

Variable

High Pressure Oil & Gas Underground Pipes

This dataset is provided by Linewatch. Linewatch Point, Linear & Text

2001 - Variable

Integrated Pollution Prevention and Control (IPC) Authorisations

Part I of the Environmental Protection Act 1990 introduced the concept of Integrated Pollution Prevention and Control (IPPC) for potentially polluting large scale industrial (Part A) processes such as chemical manufacture, oil refining and paper manufacture. Large sites operating such processes need to apply to the Environment Agency (or SEPA in Scotland) for an authorisation to operate such a process. The processes are regulated and checked by the Environment Agency to ensure that they meet current good practice and that any emissions are within prescribed limits. In some cases, emissions may be monitored by the Agency and the levels of such compounds are kept on a register of chemical releases (Chemical Releases Register).

Under recent legislation, IPPC or Part A processes will be regulated under the concept of Integrated Pollution Prevention and Control, as required by the 1996 EU Integrated Pollution Prevention and Control Directive. This will be implemented via the Pollution Prevention and Control (England and Wales) Regulations 2000 and once all sites have been brought within the new regulations, Part I of EPA 1990 will be revoked.

Although supplied as point data IPC sites are being digitised by GroundSure and will be provided as polygon data in the near future.

Environment Agency

Point & Text

1991 - Bi-Annually – with incremental updates as available



36

NIHHS Sites These records relate to sites that come under the Notification of Installations Handling Hazardous Substances (NIHHS) Regulations 1982. These Regulations specify dangerous substances and substance quantities that trigger obligations to notify the Health and Safety Executive (HSE) of their use. Notification is required for all sites proposing use of such substances.

Although supplied as point data by the HSE, many NIHHS sites have had their boundaries digitised by GroundSure and are now provided as polygon data. More recently, since September 11th, the HSE has been unable to re-supply these data as frequently as before. This is shortly to be addressed.

Health and Safety Executive

Polygon & Text

- Bi-Annually

Petrol and Fuel Sites

These records relate to petrol and fuel sites held by Catalist and include information on current, closed and redeveloped petrol sites.

Catalist Limited

Point and Text

1995 - Quarterly

Pollution Incidents Relating to Controlled Waters

These records relate to data collated and geo-coded by the Environment Agency. Such incidents can relate either to breaching of a Discharge Consent or to an incident at an unregulated site.

Environment Agency

Point & Text

1990 - Bi-Annually

Radioactive Substance Consents (Lower Risk)

These records relate to licences granted under the Radioactive Substances Act 1993. This Act controls the storage, use and disposal of radioactive substances.

Sites which fall into the Lower Risk category include non-nuclear sites that either accumulate and/or dispose of radioactive materials. e.g. Hospitals and Research Centres.

Environment Agency

Point and Text

1991 - Bi-Annually – with incremental updates as available.

Registered Landfill Sites

These records relate to sites issued with a consent by either the Environment Agency or the Scottish Environmental Protection Agency under the Control of Pollution Act 1974 and Section 36 of the Environmental Protection Act 1990. The data is updated by regular visits to local office public registers.

This subset of data relates to operational and non-operational sites licensed for the landfill of waste.

SiteFile Point & Text

1976 - 2002

Static

Registered Waste Treatment & Disposal Sites

These records relate to sites issued with a consent by either the Environmental Agency or the Scottish Environmental Protection Agency under the Control of Pollution Act 1974 and Section 36 of the Environmental Protection Act 1990. The data is updated by regular visits to local office public registers.

This subset of data relates to operational and non-operational sites licensed for waste treatment or disposal.

SiteFile Point & Text

1976 - 2002

Static



37

River Quality Data

The Water Resources Act (Sections 82 to 83) provides for the establishment, via regulations of systems of classifying water quality according to various criteria and for the setting of statutory water quality objectives (SWQOs) for individual stretches of water. SWQOs will eventually be set for some 40,000 km of rivers and canals as well as estuaries, coastal waters, lakes and groundwater.

GroundSure provide information on these surveys that have been undertaken by the Environment Agency. The classification provided relates to one of six grades (A to F) awarded depending upon biological or chemical water quality parameters.

Environment Agency

Point and Text

- Variable

Shallow Mining Risk

These data relate to areas where bedrock may have been extracted in mine workings close to the ground surface (within 40m) that could cause surface collapses. This includes coal and many other forms of mineral extraction e.g. ironstone.

BGS Polygon and Text

- Bi-Annually

Source Protection Zones

Indicate the parts of the aquifers which, according to current techniques and methodologies, are considered to form the catchments to public water supplies and certain other private supplies have been defined as Source Protection Zones (SPZ).

Environment Agency

Polygon and Text

- Variable

Subsidence Risk These records relate to the combined hazard level attributed for all geo-hazards by BGS geoscientists. These levels are derived from a number of source materials including historical and modern geological map data, archive material, cavities information and other occurrences of geological hazard.

BGS Polygon and Text

- Bi-Annually

Water Abstraction Licences

These records relate to information collected under the Water Resources Act 1963, 1991 and the Water Act 2003.

Groundwater stored in aquifers can be abstracted by boreholes or wells, as well as surface waters. The water abstracted can be used for a number of purposes such as drinking water or for use in industrial and agricultural purposes. The Environmental Data Report incorporates details of abstraction licences held by the Environment Agency.

The data is geo-coded by the Environment Agency based on 1:50,000 mapping.

Environment Agency

Point, polygon, line and Text

1963 - Bi-Annually

Landmark Operational and Non-operational Landfill Data

Landmark Point and Text

From 1976 Annually



38

Water Industry Referrals

The Water Industry Act 1991 (WIA 91) provides for the Environment Agency to have powers to regulate some discharges into public sewers of certain dangerous substances. This gave effect to a number of EC Directives, in particular 76/464/EEC.

These powers and the Regulations SI No.1156 of 1989 (and amendments) establish the regulatory regime and Schedules of prescribed processes and prescribed substances which are to be controlled, often referred to as the "red list" although the Act defines them as a Special Category Effluents which is a trade effluent discharging to public sewer containing particular substances or that derives from specific processes.

These records relate to information provided by the Environment Agency. This is not a complete list and does not indicate whether a referral has been given consent or otherwise. Once a consent has been granted, details will appear on the Trade Effluent public register which is held by the relevant Sewerage Undertaker.

Environment Agency

Point and Text

1991 - Bi-Annually – with incremental updates as available

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