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Prepared For:Landmark Po Sample Account6 - 7 Abbey CourtEagle WayExeterDevonEX2 7HY
Report Reference:SCCON-12050621-4-8
Report Date:6th March 2006
Your Reference:Sample_SCC
Report CentreNational Grid Reference:296680, 92280
Report on:Sample
Sample StreetSample Town
XX1 1XX
If you have any questions on the contents of this Report please contact the Landmark Customer Help Desk, which is open 8:30am-5:30pm,Monday - Friday, via one of the following channels:
Telephone: 0870 606 1700Website: www.landmarkinfo.co.ukFax: 0870 606 1701Email: [email protected]
In Conjunction with:
Telephone: Email
020 7261 1091
Vicky Morris BSc (Hons) MSc AIEMA
RPS Risk Assessment
Current Use
Proposed Use
Summary of Findings
Contaminated Land
Contaminated Land Assessment
Recommendations
Other Environmental Issues
Reliance
Services
Commercial
Commercial
Drift Geology: NoneSolid Geology: Dawlish Sandstone Formation (Exeter Group)
Detailed historical maps (incl. scales of 1:1250 and 1:2500) indicate that the site comprised vacant land until c.1991, when the current twoadjoining unlabelled units were constructed. RPS understands that the site is currently in commercial use as offices. It is located in acommercial setting, and no significant contaminative land uses have been identified in the vicinity.
Due to the absence of any potentially contaminative land uses identified on or adjacent to the subject site, there is a low likelihood ofsignificant ground contamination existing beneath it.
The site is considered to be located in a moderately sensitive environmental setting. It is situated on a major aquifer relating to the permeableSandstone, and a surface watercourse is located approximately 140m to the east. RPS understands that the site is proposed for continuedcommercial use as offices.
In view of the absence of any potentially contaminative land uses identified on or adjacent to the subject site, RPS considers that groundconditions represent a low risk of resulting in an environmental liability for the owner or occupier.
Consequently, it is unlikely that it would be defined as 'contaminated' by the Regulators under Part IIA of the Environmental Protection Act(EPA) 1990.
No further action is considered necessary in relation to ground conditions at the site.
None identified.
Reliance of this report is permitted for a named lender and/or a third party for up to six months from the date it was produced. Please see thenotes at the back of this report for more details.
Any further work undertaken by RPS will be carried out under RPS Standard Terms & Conditions.
If you require RPS to carry out any work on your behalf, please fax confirmation on 020 7928 0708 or email [email protected] a review of this information it may be practicable to revise the risk assessment of the site in context with the current and proposedsite use. If the client wishes / is able to provide additional information, this can also be reviewed by RPS and may lead to a revision to the RiskAssessment. A charge may be made for this review (dependent on the volume of information), but this will be confirmed in advance. Anysubsequent changes to the Risk Assessment can be confirmed in a letter / fax.Should you require any further information on this report, please contact Sitecheck Customer Services on 0870 606 1700 or the RPSCommercial Advice Line on 020 7261 1091.Lending Assessment - If required, this Sitecheck report can be used in conjunction with a Debt Finance Assessment in support of a funder'srequirements for environmental liability assessment. Please contact RPS on the number above for further details.
RiskLow Moderate High
Likelihood of significant ground contamination existing beneath the site
Likelihood to be defined as 'contaminated' under Part IIA of EPA (1990) in its currentuseLikelihood to be defined as 'contaminated' under Part IIA of EPA (1990) for proposeduse
SUITABLE FOR PURCHASE (NO FURTHER ACTION REQUIRED)
RPS Risk Assessment
Andrew Troup MRICSChartered Environmental Surveyor
The RPS Risk Assessment is based only on the information as shown by data sources collected by Landmark Information Group Ltd and supplied within the associated SitecheckReview Report with RPS Risk Assessment including further information provided by the client. The RPS Risk Assessment should be read in conjunction with the Guidance Notesand the Sitecheck Review Report. No responsibility can be accepted for any error or omissions in the data supplied to RPS. No physical inspection of the Property has been carriedout. The RPS Risk Assessment is subject to the Landmark Terms and Conditions.
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 4sitecheck v36.0
Contents of the ReportThis report is divided into fourteen sections
The information in this Sitecheck Review - Summary Report is derived from a number of statutory and non-statutory sources. While every effort is made toensure accuracy, Landmark cannot guarantee the accuracy or completeness of such information or data, nor to identify all the factors that may be relevant.If you are a private individual using this report Landmark recommend that you discuss its contents in full with your professional advisor. It is essential to readthis report in conjunction with the Product User Guide and your attention is drawn to the scope of the report section within this guide.
The Sitecheck Review - Summary User guide is available free of charge from our website www.landmark-information.co.uk
© Landmark Information Group Limited 2006. All Rights Reserved. The copyright on the information and data and its format as contained in this SitecheckReview - Summary Report ("Report") is the property of Landmark Information Group Limited ("Landmark") and several other Data Providers, including (butnot limited to) Ordnance Survey, British Geological Survey, the Environment Agency and English Nature, and must not be reproduced in whole or in part byphotocopying or any other method, except as allowed by Landmark's Terms and Conditions. The Report is supplied under Landmark's Terms andConditions accepted by the customer. The Copyright, design rights and any other intellectual rights shall remain the exclusive property of Landmark and/orother Data Providers, whose Copyright material has been included in this Report.
Aerial Photo
Location Map
Summary of Site
Summary
Current Land Use - Waste and Landfill Sites
Current Land Use - Statutory Authorisations
Current Land Use - Potential Contamination
Historical Land Use
Sensitivity
Other Factors
Guidance Notes for Practitioner
Useful Information
Useful Contacts
Terms and Conditions
The aerial photo gives an overall view of the area. The smaller large-scale Ordnance Survey map includes the site boundary and search zonebuffers used throughout the report at 250m and 500m.
The accurate large-scale Ordnance Survey map confirms the boundary of the subject site. The descriptive text may identify other featureswhich could be of relevance but not reported. The smaller aerial photo includes the site boundary.
This section comprises source, pathway and receptor information found on site. Other factors which may affect the site are also included.
This section comprises of a summary table of the information found on site and in its vicinity.
This section contains a map, which show current land use features related to waste and landfill. The following pages detail these features andidentify the Reference Number and direction.
This section contains a map, which show current land use features related to statutory authorisations. The following pages detail thesefeatures and identify the Reference Number and direction.
This section contains a map, which show current land use features related to potential contamination. The following pages detail thesefeatures and identify the Reference Number and direction.
This section contains a map, which shows historical land use features. The following pages detail these features and identify the ReferenceNumber and direction. A table listing all the maps used to source this information is included.
This section contains a map, which shows pathway and receptor features. The following pages detail these features and identify theReference Number and direction. The section also contains a separate Flood Map.
This section contains information on other factors which may affect the site and its vicinity.
This section gives guidance on the purpose, methodology and scope of the RPS Risk Assessment.
This section contains information which may be of use when interpreting the report.
All textual information is linked by the 'Contact Ref' to this quick reference list of contacts. These contacts may be able to supply additionalinformation or answer any subsequent query relating to that record.
Landmark Information Group Limited Terms and Conditions of Sale.
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 5sitecheck v36.0
Aerial Photo
NW NE
E
SESSW
W
N
SiteSample
Sample StreetSample Town
XX1 1XX
Grid ReferenceEasting 296680
Northing 92280
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 6sitecheck v36.0
Location Map
NW NE
E
SESSW
W
N
SiteSample
Sample StreetSample Town
XX1 1XX
Grid ReferenceEasting 296680
Northing 92280
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 7sitecheck v36.0
Summary of Site
Sample, Sample StreetSample Town, XX1 1XX
Sources
Current Land Use - Waste and Landfill Sites
Current Land Use - Statutory Authorisations
Current Land Use - Potential Contamination
Historical Land Use
Waste/Landfill Sites
Potentially Contaminative Uses
Local Authority Landfill Coverage
Historical Building Plan Extents
Potentially Contaminative Industrial Uses (Past Land Use)
Devon County Council, - Has supplied landfill data. Contact ref: 2
Exeter City Council, - Has supplied landfill data. Contact ref: 3
No data available
Factory or works - use not specified, Date of mapping: 1992
-
4
Ref. No.
No features were found on the site for this section.
No features were found on the site for this section.
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 8sitecheck v36.0
Summary of Site
Sample, Sample StreetSample Town, XX1 1XX
Pathways and Receptors
Sensitivity
Pathways
Groundwater Vulnerability
Drift Deposits
Areas Benefiting from Flood Defences
Flood Water Storage Areas
Flood Defences
Geological Classification: Major Aquifer (Highly permeable) - These are highly permeable formations usually with a known orprobable presence of significant fracturing. They may be highly productive and able to support large abstractions for public watersupply and other purposes, Soil Classification: Soils of High Leaching Potential (H2) - Deeps, permeable, coarse textured solidswhich readily transmit a wide range of pollutants because of their rapid drainage and low attenuation potential, Map Sheet: Sheet49 South Devon, Scale: 1:100,000. Contact ref: 1
Geological Classification: Major Aquifer (Highly permeable) - These are highly permeable formations usually with a known orprobable presence of significant fracturing. They may be highly productive and able to support large abstractions for public watersupply and other purposes, Soil Classification: Soils of Intermediate Leaching Potential (I2) - Soils which can possibly transmitnon or weakly absorbed pollutants and liquid discharges but are unlikely to transmit absorbed pollutants, Map Sheet: Sheet 49South Devon, Scale: 1:100,000. Contact ref: 1
No
No
No
No
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 9sitecheck v36.0
Summary of Site
Sample, Sample StreetSample Town, XX1 1XX
Other Factors
BGS 1:50,000 Geological Mapping Coverage
BGS 1:50,000 Bedrock Geology
Brine Compensation Areas
Coal Mining Affected Areas
Radon Affected Areas
Radon Protection Measures
Potential for Collapsible Ground Stability Hazards
Potential for Compressible Ground Stability Hazards
Potential for Ground Dissolution Stability Hazards
Potential for Landslide Ground Stability Hazards
Potential for Running Sand Ground Stability Hazards
Potential for Shrinking or Swelling Clay Ground Stability Hazards
Shallow Mining Hazards
Map Sheet No: 325, Map Name: Exeter, Map Date: 1995, Bedrock Geology: Available, Superficial Geology: Available, ArtificialGeology: Available, Faults: Available, Landslip: Available, Rock Segments: Not Available. Contact ref: 7
LEX Code: DAS, Rock Name: Dawlish Sandstone Formation, Rock Type: Sandstone, Min Age: Permian, Max Age: Permian.Contact ref: 7
No
In an area which may not be affected by coal mining
Description: Less than 1% of homes are above the Action Level. Contact ref: 8
Type: No radon protective measures are necessary in the construction of new dwellings or extensions. Contact ref: 7
No Hazard
Hazard Potential: No Hazard, Source: British Geological Survey, National Geoscience Information Service. Contact ref: 7
No Hazard
Hazard Potential: Very Low, Source: British Geological Survey, National Geoscience Information Service. Contact ref: 7
Hazard Potential: No Hazard, Source: British Geological Survey, National Geoscience Information Service. Contact ref: 7
Hazard Potential: No Hazard, Source: British Geological Survey, National Geoscience Information Service. Contact ref: 7
No Hazard
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 10sitecheck v36.0
Summary
Current Land Use - Waste and Landfill Sites
Current Land Use - Statutory Authorisations
250-500m
250-500m
0-250m
0-250m
On Site
On Site
0
0
0
1
2(*3)
10(*2)
(* 500-1000)
(* 500-1000)
Sources
Sources
Waste/Landfill Sites
Statutory Authorisations
Discharge Consents
Industrial Processes
Contraventions
0(*0)0(*0)1(*1)1(*0)0(*1)
00(*1)
100
00
5(*2)0(*0)
21
010000
0000000
000
00
0000
000000
0000000
100
00
0000
000000
BGS Recorded Landfill Sites
Licensed Waste Management Facilities (Landfill Boundaries)
Licensed Waste Management Facilities (Locations)
Local Authority Recorded Landfill Sites
Registered Landfill Sites
Registered Waste Transfer Sites
Registered Waste Treatment or Disposal Sites
Local Authority Pollution Prevention and Controls
Contaminated Land Register Entries and Notices
Registered Radioactive Substances
Discharge Consents
Water Industry Act Referrals
Integrated Pollution Controls
Integrated Pollution Control Registered Waste Sites
Integrated Pollution Prevention And Control
Local Authority Integrated Pollution Prevention And Control
Local Authority Pollution Prevention and Control Enforcements
Enforcement and Prohibition Notices
Planning Hazardous Substance Enforcements
Prosecutions Relating to Authorised Processes
Prosecutions Relating to Controlled Waters
Substantiated Pollution Incident Register
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 11sitecheck v36.0
Summary
Current Land Use - Potential Contamination
Historical Land Use
250-500m
250-500m
0-250m
0-250m
On Site
On Site
0
1
9
4
37(*1)
7
(* 500-1000)Sources
Sources
Storage of Hazardous Substances
Potentially Contaminative Uses
Miscellaneous
Potentially Contaminative Uses
Potentially Infilled Land
0(*1)000
370
0(*0)
5N/A
1
100
0000
00
0
001
000
0000
90
0
1N/A
0
003
Control of Major Accident Hazards Sites (COMAH)
Explosive Sites
Notification of Installations Handling Hazardous Substances (NIHHS)
Planning Hazardous Substance Consents
Contemporary Trade Directory Entries
Fuel Station Entries
BGS Recorded Mineral Sites
Historical Tanks And Energy Facilities
Potentially Contaminative Features from Historical Building Plans
Potentially Contaminative Industrial Uses (Past Land Use)
Former Marshes
Potentially Infilled Land (Non-Water)
Potentially Infilled Land (Water)
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 12sitecheck v36.0
Summary
Sensitivity250-500m0-250mOn Site
2 9 2(*6)(* 500-1000)
Pathways and Receptors
Pathways
Environmentally Sensitive Receptors
Protected Countryside Areas
N/AN/A0(*0)N/AN/AN/AN/AN/AN/A0(*1)0(*2)
0(*0)0(*0)0(*0)0(*0)0(*0)0(*0)0(*0)0(*0)0(*0)0(*0)0(*0)2(*3)
0(*0)0(*0)0(*0)
00
20000000000
000000000000
00000
20011000000
000001000003
00001
Groundwater Vulnerability
Drift Deposits
Historical Flood Liabilities
Extreme Flooding from Rivers or Sea without Defences
Flooding from Rivers or Sea without Defences
Areas Benefiting from Flood Defences
Flood Water Storage Areas
Flood Defences
River Flood Data (Scotland)
River Quality Biology Sampling Points
River Quality Chemistry Sampling Points
Areas of Outstanding Natural Beauty
Environmentally Sensitive Areas
Local Nature Reserves
Marine Nature Reserves
National Nature Reserves
Nearest Surface Water Feature
Ramsar Sites
Sites of Special Scientific Interest
Source Protection Zones
Special Areas of Conservation
Special Protection Areas
Water Abstractions
Forest Parks
National Parks
National Scenic Areas
Nitrate Sensitive Areas
Nitrate Vulnerable Zones
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 13sitecheck v36.0
Summary
Other Factors250-500m0-250mOn Site
8 4 0(*0)(* 500-1000)
N/AN/AN/AN/AN/AN/A0(*0)N/AN/A0(*0)N/AN/AN/AN/AN/AN/AN/AN/AN/A
1000100000110101110
N/AN/AN/AN/AN/AN/A
0000000101110
BGS 1:50,000 Geological Mapping Coverage
BGS 1:50,000 Mass Movement
BGS 1:50,000 Artificial Ground
BGS 1:50,000 Superficial Deposits
BGS 1:50,000 Bedrock Geology
BGS 1:50,000 Faults and Rock Segments
Brine Compensation Areas
Coal Mining Affected Areas
Mining Instability
Natural and Mining Cavities
Radon Affected Areas
Radon Protection Measures
Potential for Collapsible Ground Stability Hazards
Potential for Compressible Ground Stability Hazards
Potential for Ground Dissolution Stability Hazards
Potential for Landslide Ground Stability Hazards
Potential for Running Sand Ground Stability Hazards
Potential for Shrinking or Swelling Clay Ground Stability Hazards
Shallow Mining Hazards
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 14sitecheck v36.0
Current Land Use - Waste and Landfill Sites
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 15sitecheck v36.0
Current Land Use - Waste and Landfill Sites
Sources
DescriptionRef.No.
SearchBuffer Direction
Waste/Landfill SitesLicensed Waste Management Facilities (Locations)
Local Authority Landfill Coverage
Local Authority Recorded Landfill Sites
Registered Landfill Sites
Registered Waste Treatment or Disposal Sites
Licence Number: 21780, Location: 36 Bittern Road ,Sowton Industrial Estate,Exeter,Devon,EX2 7LW, SiteCategory: Special Waste Transfer Stations, Licence Status: Issued, IPPC Reference: Not Supplied,Positional Accuracy: Located by supplier to within 10m. Contact ref: 1
Licence Number: 21871, Location: Digby Drive,Exeter,Devon, Site Category: Not Supplied, Licence Status:Surrendered, IPPC Reference: Not Supplied, Positional Accuracy: Located by supplier to within 100m.Contact ref: 1
Devon County Council, - Has supplied landfill data. Contact ref: 2
Exeter City Council, - Has supplied landfill data. Contact ref: 3
East Devon District Council, - Has supplied landfill data. Contact ref: 4
Location: Osprey Road,Sowton, Exeter, Reference: Not Supplied, Positional accuracy: Located by supplierto within 100m, Boundary Quality: Not Applicable. Contact ref: 3
Licence Holder: D C & B Arden, Licence Reference: Lf/E( 47) (L/ 6/ 72/84), Site Location: Old SandQuarry At Digby Drive,Exeter,Devon, Status: Cancelled, Positional Accuracy: Manually positioned to theaddress or location, Boundary Accuracy: Not Applicable. Contact ref: 1
Licence Holder: B H Elver Of Howmet Ltd, Licence Reference: WR/L/SY/E( 17) 05.93, Site Location:Heron Road,Sowton Industrial Estate,EXETER,Devon,EX2 7LL, Licence Status: Authorised, PositionalAccuracy: Manually positioned to the road within the address or location, Boundary Quality: Not Supplied.Contact ref: 1
W
SW
-
-
E
N
SW
SW
250-500m
500-1000m
On Site
On Site
0-250m
250-500m
500-1000m
500-1000m
1
-
-
-
-
-
-
-
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 16sitecheck v36.0
Current Land Use - Statutory Authorisations
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 17sitecheck v36.0
Current Land Use - Statutory Authorisations
Sources
DescriptionRef.No.
SearchBuffer Direction
Statutory Authorisations
Industrial Processes
Contraventions
Local Authority Pollution Prevention and Controls
Integrated Pollution Controls
Integrated Pollution Prevention And Control
Local Authority Integrated Pollution Prevention And Control
Enforcement and Prohibition Notices
Name: Jewson Ltd, Location: Kestrel Way,Sowton Industrial Estate,EXETER, Permit Reference:6.7/Ep010/Var5, Status: Authorised, Positional Accuracy: Manually positioned to the address or location.Contact ref: 3
Name: Bocm Silcock, Location: Kestrel Way,Sowton Industrial Estate,EXETER, Permit Reference:6.9/Ep019/Var4, Status: Authorised, Positional Accuracy: Unknown. Contact ref: 3
Name: Howmet Ltd, Location: Kestrel Way,Sowton Industrial Estate,EXETER, Permit Reference: AV9620,Status: Superseded, Positional Accuracy: Automatically positioned to the address. Contact ref: 1
Name: Howmet Ltd, Location: Kestrel Way,Sowton Industrial Estate,EXETER, Permit Reference: BD6280,Status: Superseded, Positional Accuracy: Automatically positioned to the address. Contact ref: 1
Name: Howmet Ltd, Location: Kestrel Way,Sowton Industrial Estate,EXETER, Permit Reference: BG9676,Status: Revoked - Now IPPC, Positional Accuracy: Automatically positioned to the address. Contact ref: 1
Name: Howmet (UK) Inc, Location: Kestrel Way,Sowton Industrial Estate,EXETER, Permit Reference:AL7065, Status: Exempt, Positional Accuracy: Automatically positioned to the address. Contact ref: 1
Name: Howmet Ltd, Location: Kestrel Way,Sowton Industrial Estate,EXETER, Permit Reference: AS7604,Status: Superseded, Positional Accuracy: Automatically positioned to the address. Contact ref: 1
Name: Ellis & Everard UK Ltd, Location: Falcon Road,Sowton Industrial Estate,EXETER, PermitReference: AL6867, Status: Exempt, Positional Accuracy: Automatically positioned to the address. Contactref: 1
Name: Ellis & Everard UK Ltd, Location: Falcon Road,Sowton Industrial Estate,EXETER, PermitReference: AL6905, Status: Exempt, Positional Accuracy: Automatically positioned to the address. Contactref: 1
Name: Bocm Pauls Ltd, Location: BOCM Pauls Ltd,BOCM Pauls Ltd,Kestrel Way,Sowton IndustrialEstate,EXETER, Permit Reference: Ap3734sp, Status: Valid, Application Type: Application, ApplicationSub Type: New, Positional Accuracy: Automatically positioned to the address. Contact ref: 1
Name: Howmet Ltd, Location: Exeter Howmet Castings,Kestrel Way,Exeter, Permit Reference: Bm7162ip,Status: Revoked, Application Type: Application, Application Sub Type: New, Positional Accuracy:Automatically positioned to the address. Contact ref: 1
Name: Howmet Ltd (Exeter Castings), Location: Kestrel Way,Sowton,Exeter, Authority: Exeter City Council, Environmental Health Department, Permit Reference: EP/00000040, Dated: 17th April 2003, ProcessType: Production and Processing of Metals, Description: Non-ferrous metals, Status: Permit Issued,Positional Accuracy: Manually positioned to the address or location. Contact ref: 3
Location: River Clyst,Kestrel Way,Sowton Industrial Estate,EXETER, Permit Reference: NOT GIVEN,Enforcement Date: Not Supplied, Positional Accuracy: Unknown
W
W
SW
SW
SW
SW
SW
SW
SW
W
SW
SW
SW
0-250m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
500-1000m
500-1000m
250-500m
250-500m
250-500m
250-500m
1
2
3
4
5
6
7
-
-
8
9
10
11
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 18sitecheck v36.0
Current Land Use - Potential Contamination
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 19sitecheck v36.0
Current Land Use - Potential Contamination
Sources
DescriptionRef.No.
SearchBuffer Direction
Storage of Hazardous Substances
Potentially Contaminative Uses
Control of Major Accident Hazards Sites (COMAH)
Contemporary Trade Directory Entries
Name: Ellis and Everard (Chemicals) Limited, Location: Fallcon Road,EXETER, Status: Record Ceased ToBe Supplied Under COMAH Regulations, Positional Accuracy: Automatically positioned to the address.Contact ref: 5
Name: Cummins (Uk), Location: Unit 1,Sowton Centre,Eagle Way,Sowton Industrial Estate,Exeter,Classification: Diesel Engine Equipment & Services, Status: Active, Positional Accuracy: Automaticallypositioned to the address
Name: George Tancocks Garage (Exeter) Ltd, Location: ,Unit 16,Kestrel Business Park,KestrelWay,Sowton Industrial Estate,Exeter, Classification: Garage Services, Status: Active, Positional Accuracy:Automatically positioned to the address
Name: Britvic Soft Drinks Ltd, Location: ,13-15,Kestrel Business Park,Kestrel Way,Sowton IndustrialEstate,EXETER, Classification: Soft Drinks - Manufacturers, Status: Active, Positional Accuracy:Automatically positioned to the address
Name: Maddern Transport Ltd, Location: ,Kestrel Way,Sowton Industrial Estate,Exeter, Classification:Road Haulage Services, Status: Inactive, Positional Accuracy: Automatically positioned to the address
Name: Sports Classic & Performance Cars, Location: ,Unit 16,Kestrel Business Park,Kestrel Way,SowtonIndustrial Estate,Exeter, Classification: Classic Car Specialists, Status: Active, Positional Accuracy:Automatically positioned to the address
Name: George Tancock (Garage) Ltd, Location: ,Unit 16,Kestrel Business Park,Kestrel Way,SowtonIndustrial Estate,Exeter, Classification: Commercial Vehicle Servicing, Repairs, Parts & Accessories,Status: Inactive, Positional Accuracy: Automatically positioned to the address
Name: 4x4 Store (Exeter), Location: ,Unit 5,Kestrel Business Park,Kestrel Way,Sowton IndustrialEstate,EXETER, Classification: Garage Services, Status: Active, Positional Accuracy: Automaticallypositioned to the address
Name: Virgin Energy, Location: Osprey Rd,Sowton Ind Est,Exeter, Classification: Electricity Companies,Status: Active, Positional Accuracy: Manually positioned to the road within the address or location
Name: Dawson News Ltd, Location: 1a-2,Unit,Kingfisher Way,Sowton Industrial Estate,Exeter,Classification: Distribution Services, Status: Active, Positional Accuracy: Automatically positioned to theaddress
Name: Building Display Centre, Location: Kestrel Way,Sowton Indust Est,Exeter, Classification: Builders'Merchants, Status: Active, Positional Accuracy: Manually positioned to the road within the address orlocation
Name: Jewson Hire Point, Location: ,Kestrel Way,Sowton Industrial Estate,Exeter, Classification: Builders'Merchants, Status: Active, Positional Accuracy: Automatically positioned to the address
Name: Jewson Ltd, Location: ,Kestrel Way,Sowton Industrial Estate,Exeter, Classification: Builders'Merchants, Status: Active, Positional Accuracy: Automatically positioned to the address
Name: Devon Contract Waste Ltd, Location: 36 Bittern Rd,Sowton Ind Est,Exeter, Classification: WasteDisposal Services, Status: Active, Positional Accuracy: Manually positioned to the road within the addressor location
Name: Fireworld, Location: Unit 4,The Alpha Centre,Osprey Road,Sowton Industrial Estate,Exeter,Classification: Fireplaces & Mantelpieces, Status: Active, Positional Accuracy: Automatically positioned tothe address
Name: 1 Gas, Location: 3,Omega Centre,Bittern Rd,Sowton Ind Est,Exeter, Classification: GasCompanies, Status: Inactive, Positional Accuracy: Manually positioned to the road within the address orlocation
Name: P R Refrigeration Engineers, Location: ,37,Bittern Road,Sowton Industrial Estate,Exeter,Classification: Refrigerators & Freezers - Servicing & Repairs, Status: Inactive, Positional Accuracy:Automatically positioned to the address
SW
E
SW
SW
SW
SW
SW
SW
N
W
SW
SW
SW
W
NE
W
W
500-1000m
0-250m
0-250m
0-250m
0-250m
0-250m
0-250m
0-250m
0-250m
0-250m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 20sitecheck v36.0
Current Land Use - Potential Contamination
DescriptionRef.No.
SearchBuffer Direction
Contemporary Trade Directory EntriesName: Lamb Hill, Location: ,36a,Bittern Road,Sowton Industrial Estate,Exeter, Classification: CarBreakdown & Recovery Services, Status: Inactive, Positional Accuracy: Automatically positioned to theaddress
Name: P R Refrigeration, Location: ,37,Bittern Road,Sowton Industrial Estate,Exeter, Classification:Agricultural Machinery - Sales & Service, Status: Inactive, Positional Accuracy: Automatically positioned tothe address
Name: D B C Food Services Ltd, Location: ,Denmark House,Kestrel Way,Sowton Industrial Estate,Exeter,Classification: Meat - Wholesale, Status: Active, Positional Accuracy: Automatically positioned to theaddress
Name: Sca Packaging (Exeter), Location: ,Unit C,Kingfisher Way,Sowton Industrial Estate,Exeter,Classification: Boxes & Cartons, Status: Inactive, Positional Accuracy: Automatically positioned to theaddress
Name: Pj Engineering, Location: Unit 5,Osprey Rd,Sowton Ind Est,Exeter, Classification: PrecisionEngineers, Status: Active, Positional Accuracy: Manually positioned to the road within the address orlocation
Name: Bocm Pauls Ltd, Location: ,Kestrel Way,Sowton Industrial Estate,Exeter, Classification: Pet Foods& Animal Feeds, Status: Inactive, Positional Accuracy: Automatically positioned to the address
Name: Gazco Ltd, Location: ,Osprey Road,Sowton Industrial Estate,Exeter, Classification: Gas Appliances- Sales & Service, Status: Inactive, Positional Accuracy: Automatically positioned to the address
Name: Curtis Holt Ltd, Location: ,Bittern Road,Sowton Industrial Estate,Exeter, Classification: DistributionServices, Status: Active, Positional Accuracy: Automatically positioned to the address
Name: Don Heating, Location: Osprey Rd,Sowton Ind Est,Exeter, Classification: Cookers - Sales &Service, Status: Active, Positional Accuracy: Manually positioned to the road within the address or location
Name: Howmet Ltd, Location: ,Kestrel Way,Sowton Industrial Estate,Exeter, Classification: PrecisionEngineers, Status: Inactive, Positional Accuracy: Automatically positioned to the address
Name: Howmet Ltd, Location: ,Kestrel Way,Sowton Industrial Estate,Exeter, Classification: TurbineManufacturers, Status: Inactive, Positional Accuracy: Automatically positioned to the address
Name: Short Run Press Ltd, Location: ,25,Bittern Road,Sowton Industrial Estate,Exeter, Classification:Printers, Status: Active, Positional Accuracy: Automatically positioned to the address
Name: Russwood M O T Centre, Location: ,Unit F2,Osprey Road,Sowton Industrial Estate,Exeter,Classification: Mot Testing Centres, Status: Active, Positional Accuracy: Automatically positioned to theaddress
Name: Tancock George Garage Ltd, Location: 11/12,Bittern Units,Bittern Road,Sowton IndustrialEstate,Exeter, Classification: Garage Services, Status: Inactive, Positional Accuracy: Automaticallypositioned to the address
Name: W J Tancock (Exeter) Ltd, Location: Kestrel Way,Sowton Ind Est,Exeter, Classification: RoadHaulage Services, Status: Inactive, Positional Accuracy: Manually positioned to the road within the addressor location
Name: Jourdans Ltd, Location: ,Merlin House,Kestrel Way,Sowton Industrial Estate,Exeter, Classification:Boxes & Cartons, Status: Active, Positional Accuracy: Automatically positioned to the address
Name: Electro-Diesel (Rcj) Ltd, Location: 4,Goshawk Units,Osprey Road,Sowton Industrial Estate,Exeter,Classification: Diesel Fuel Injection Services, Status: Active, Positional Accuracy: Automatically positionedto the address
Name: Gazco, Location: Osprey Rd,Sowton Ind Est,Exeter, Classification: Fireplaces & Mantelpieces,Status: Active, Positional Accuracy: Manually positioned to the road within the address or location
Name: A30 Rescue & Recover Exeter, Location: Rayell Ho,Heron Rd,Sowton Indust Est,Exeter,Classification: Car Breakdown & Recovery Services, Status: Inactive, Positional Accuracy: Manuallypositioned to the address or location
Name: Aa Service Centre, Location: ,Heron Road,Sowton Industrial Estate,Exeter, Classification: GarageServices, Status: Inactive, Positional Accuracy: Automatically positioned to the address
W
W
W
NW
N
W
N
W
N
SW
SW
W
N
W
SW
S
N
N
W
W
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
17
18
19
20
-
21
-
22
-
23
24
-
-
-
-
-
-
-
-
-
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 21sitecheck v36.0
Current Land Use - Potential Contamination
DescriptionRef.No.
SearchBuffer Direction
Contemporary Trade Directory EntriesName: Commercial Motor (South West), Location: ,Heron Road,Sowton Industrial Estate,Exeter,Classification: Commercial Vehicle Dealers, Status: Active, Positional Accuracy: Automatically positioned tothe address
Name: Premiere Communication Electronics, Location: 1,Goshawk Units,Osprey Road,Sowton IndustrialEstate,Exeter, Classification: Radio Communication Equipment, Status: Active, Positional Accuracy:Automatically positioned to the address
Name: Southwest Communications Group Ltd, Location: ,Communications House,Moor Lane,SowtonIndustrial Estate,Exeter, Classification: Telecommunications Equipment & Systems, Status: Inactive,Positional Accuracy: Automatically positioned to the address
Name: M5 Communications, Location: ,Exeter Motorway Services Area,Sidmouth Road,Exeter,Classification: Radio Communication Equipment, Status: Active, Positional Accuracy: Automaticallypositioned to the address
Name: Stovax Ltd, Location: ,Falcon Road,Sowton Industrial Estate,Exeter, Classification: Fireplaces &Mantelpieces, Status: Active, Positional Accuracy: Automatically positioned to the address
Name: Stovax, Location: ,Falcon Road,Sowton Industrial Estate,Exeter, Classification: Fireplaces &Mantelpieces, Status: Inactive, Positional Accuracy: Automatically positioned to the address
Name: Winchester Tile Co Ltd, Location: ,Falcon Road,Sowton Industrial Estate,Exeter, Classification: TileManufacturers, Status: Active, Positional Accuracy: Automatically positioned to the address
Name: Circle Express, Location: 6,Bittern Units,Bittern Road,Sowton Industrial Estate,Exeter,Classification: Distribution Services, Status: Inactive, Positional Accuracy: Automatically positioned to theaddress
Name: Senergy, Location: 7 Heron Rd,Sowton Ind Est,Exeter, Classification: Leisure & SportswearManufacturers & Wholesalers, Status: Active, Positional Accuracy: Manually positioned to the road withinthe address or location
Name: Travis Perkins, Location: ,Heron Road,Sowton Industrial Estate,EXETER, Classification: Builders'Merchants, Status: Active, Positional Accuracy: Manually positioned to the road within the address orlocation
W
N
N
S
SW
SW
SW
W
W
W
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
250-500m
-
-
-
-
-
-
-
-
-
-
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 22sitecheck v36.0
Historical Land Use
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 23sitecheck v36.0
Historical Land Use
Sources
DescriptionRef.No.
SearchBuffer Direction
Potentially Contaminative Uses
Potentially Infilled Land
Historical Tanks And Energy Facilities
Historical Building Plan Extents
Potentially Contaminative Industrial Uses (Past Land Use)
Former Marshes
Potentially Infilled Land (Water)
Use: Tanks, Mapping Scale: 1:1,250, Date of Mapping: 1977
Use: Gas Monitoring Facilities, Mapping Scale: 1:1,250, Date of Mapping: 1992
Use: Electrical Sub Station Facilities, Mapping Scale: 1:1,250, Date of Mapping: 1992
Use: Tanks, Mapping Scale: 1:1,250, Date of Mapping: 1977
Use: Electrical Sub Station Facilities, Mapping Scale: 1:1,250, Date of Mapping: 1992
Use: Tanks, Mapping Scale: 1:1,250, Date of Mapping: 1977
No data available
Factory or works - use not specified, Date of mapping: 1992
Factory or works - use not specified, Date of mapping: 1992
Former Marsh, Date of Mapping: 1963
Unknown Filled Ground (Pond, marsh, river, stream, dock etc), Date of Mapping: 1963
Unknown Filled Ground (Pond, marsh, river, stream, dock etc), Date of Mapping: 1963
Unknown Filled Ground (Pond, marsh, river, stream, dock etc), Date of Mapping: 1963
S
N
N
W
N
SW
-
N
SE
S
SW
N
0-250m
250-500m
250-500m
250-500m
250-500m
250-500m
N/A
On Site
250-500m
250-500m
0-250m
0-250m
0-250m
1
2
3
-
-
-
-
4
-
-
5
6
7
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 24sitecheck v36.0
Historical Land Use
Map Details
The following maps have been analysed for Historical Tanks and Energy Facilities.
The following maps have been analysed for Potentially Contaminative Uses and Potentially Infilled Land information.
The following maps have also been reviewed by RPS during the Risk Assessment process.
1:2,500
1:1,250
1:10,560
1:10,000
1:2,500
1:10,000
1:1,250
Mapsheet
Mapsheet
Mapsheet
Mapsheet
Mapsheet
Mapsheet
Mapsheet
Published Date
Published Date
Published Date
Published Date
Published Date
Published Date
Published Date
National GridNational GridNational GridNational Grid
National GridNational GridNational GridNational GridNational Grid
DevonDevonDevonDevonDevonDevonDevonDevonNational Grid
National Grid
DevonDevonDevonDevonDevonDevonNational GridNational GridNational GridNational GridNational GridNational GridNational GridNational GridNational Grid
National GridNational GridNational Grid
National GridNational GridNational Grid
SX9691SX9692SX9791SX9792
SX9691NESX9692SESX9692SWSX9691NWSX9692NE
080_NE080_SE080_NE080_SE080_NE080_SE080_NE080_SESX99SE
SX99SE
080_08080_12080_08080_12080_08080_12SX9791SX9792SX9791SX9692SX9691SX9792SX9692SX9791SX9692
SX99SESX99SESX99SE
SX9691NESX9692NESX9692NW
1968196819681968
19771977197719771992
189018901906190619321933193819381963
1992
188918891905190519331933199419941977198719881992198819921990
197219801999
199419941994
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 25sitecheck v36.0
Historical Land Use
1:1,250 Mapsheet Published DateNational GridNational GridNational GridNational GridNational GridNational GridNational GridNational GridNational GridNational GridNational GridNational Grid
SX9691NWSX9692SWSX9692SESX9691NWSX9691NESX9692SESX9692SWSX9691NWSX9692NESX9692SESX9692SWSX9692SE
199419941994199519781978198119911992198219881991
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 26sitecheck v36.0
Sensitivity
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 27sitecheck v36.0
Sensitivity
Pathways and Receptors
DescriptionRef.No.
SearchBuffer Direction
PathwaysGroundwater Vulnerability
Drift Deposits
Extreme Flooding from Rivers or Sea without Defences
Flooding from Rivers or Sea without Defences
Areas Benefiting from Flood Defences
Flood Water Storage Areas
Flood Defences
River Quality Biology Sampling Points
River Quality Chemistry Sampling Points
Geological Classification: Major Aquifer (Highly permeable) - These are highly permeable formationsusually with a known or probable presence of significant fracturing. They may be highly productive and ableto support large abstractions for public water supply and other purposes, Soil Classification: Soils of HighLeaching Potential (H2) - Deeps, permeable, coarse textured solids which readily transmit a wide range ofpollutants because of their rapid drainage and low attenuation potential, Map Sheet: Sheet 49 South Devon,Scale: 1:100,000. Contact ref: 1
Geological Classification: Major Aquifer (Highly permeable) - These are highly permeable formationsusually with a known or probable presence of significant fracturing. They may be highly productive and ableto support large abstractions for public water supply and other purposes, Soil Classification: Soils ofIntermediate Leaching Potential (I2) - Soils which can possibly transmit non or weakly absorbed pollutantsand liquid discharges but are unlikely to transmit absorbed pollutants, Map Sheet: Sheet 49 South Devon,Scale: 1:100,000. Contact ref: 1
Geological Classification: Major Aquifer (Highly permeable) - These are highly permeable formationsusually with a known or probable presence of significant fracturing. They may be highly productive and ableto support large abstractions for public water supply and other purposes, Soil Classification: Soils of HighLeaching Potential (U) - Soil information for restored mineral workings and urban areas is based on fewerobservations than elsewhere. A worst case vulnerability classification (H) assumed, until proved otherwise,Map Sheet: Sheet 49 South Devon, Scale: 1:100,000. Contact ref: 1
Geological Classification: Major Aquifer (Highly permeable) - These are highly permeable formationsusually with a known or probable presence of significant fracturing. They may be highly productive and ableto support large abstractions for public water supply and other purposes, Soil Classification: Soils of HighLeaching Potential (H2) - Deeps, permeable, coarse textured solids which readily transmit a wide range ofpollutants because of their rapid drainage and low attenuation potential, Map Sheet: Sheet 49 South Devon,Scale: 1:100,000. Contact ref: 1
No
Fluvial. Contact ref: 1
Fluvial. Contact ref: 1
No
No
No
Name: Clyst, Reach: Clyst St Mary - Normal Tidal Limit, Estimated Distance: 1.90, Positional Accuracy:Located by supplier to within 10m. Contact ref: 1
Name: Clyst, Reach: A30 Bridge Clyst Honiton To Clyst St Mary, Estimated Distance: 3.60, Objective:River Ecosystem Class 2: Good Quality, Positional Accuracy: Located by supplier to within 10m. Contactref: 1
Name: Clyst, Reach: Clyst St Mary To Normal Tidal Limit, Estimated Distance: 1.90, Objective: RiverEcosystem Class 2: Good Quality, Positional Accuracy: Located by supplier to within 10m. Contact ref: 1
-
SE
SW
NE
E
E
SE
SE
SE
On Site
On Site
0-250m
0-250m
N/A
0-250m
0-250m
N/A
N/A
N/A
500-1000m
500-1000m
500-1000m
-
-
-
-
-
-
-
-
-
-
-
-
-
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 28sitecheck v36.0
Sensitivity
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 29sitecheck v36.0
Sensitivity
Pathways and Receptors
DescriptionRef.No.
SearchBuffer Direction
Environmentally Sensitive Receptors
Protected Countryside Areas
Nearest Surface Water Feature
Water Abstractions
Nitrate Vulnerable Zones
25-250m
Operator: Mr S W Mortimer, Licence Number: Unknown Licence Number, Permit Version: Not Supplied,Location: Location Description Not Available, Authorised Start: Not Supplied, Authorised End: NotSupplied, Positional Accuracy: Located by supplier to within 100m. Contact ref: 1
Operator: HAS BEEN ALLOCATED FOR, Licence Number: 14450021356, Permit Version: Not Supplied,Location: Middle Moor Farm ,SOWTON, Authorised Start: Not Supplied, Authorised End: Not Supplied,Positional Accuracy: Located by supplier to within 100m. Contact ref: 1
Operator: D Mortimer & Co, Licence Number: 14/45/002/1772, Permit Version: 100, Location: Great MoorStream, Authorised Start: 01 May, Authorised End: 31 August, Positional Accuracy: Located by supplier towithin 10m. Contact ref: 1
Operator: HAS BEEN ALLOCATED FOR, Licence Number: 14450020034, Permit Version: Not Supplied,Location: Little Moor Farm ,SOWTON, Authorised Start: Not Supplied, Authorised End: Not Supplied,Positional Accuracy: Located by supplier to within 100m. Contact ref: 1
Operator: HAS BEEN ALLOCATED FOR, Licence Number: 14450020387, Permit Version: Not Supplied,Location: Great Moor Farm ,SOWTON, Authorised Start: Not Supplied, Authorised End: Not Supplied,Positional Accuracy: Located by supplier to within 100m. Contact ref: 1
Operator: A C SCOBLE & SONS, Licence Number: 14450022238, Permit Version: Not Supplied, Location:Lands At,Rock Gardens,PINHOE, Authorised Start: Not Supplied, Authorised End: Not Supplied,Positional Accuracy: Located by supplier to within 100m. Contact ref: 1
Operator: D Mortimer & Co, Licence Number: 14/45/002/1773, Permit Version: 100, Location: Sowton MillStream At The Barton, Authorised Start: 01 May, Authorised End: 31 August, Positional Accuracy: Locatedby supplier to within 10m. Contact ref: 1
Operator: Mr S W Mortimer, Licence Number: Unknown Licence Number, Permit Version: Not Supplied,Location: Location Description Not Available, Authorised Start: Not Supplied, Authorised End: NotSupplied, Positional Accuracy: Located by supplier to within 100m. Contact ref: 1
Name: Not Supplied, Description: Groundwater. Contact ref: 6
E
SE
NW
E
SW
NW
NW
SE
SE
E
0-250m
0-250m
0-250m
0-250m
250-500m
250-500m
500-1000m
500-1000m
500-1000m
0-250m
1
2
3
4
5
-
-
-
-
6
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 30sitecheck v36.0
Other Factors
DescriptionSearchBuffer Direction
BGS 1:50,000 Geological Mapping Coverage
BGS 1:50,000 Bedrock Geology
Brine Compensation Areas
Coal Mining Affected Areas
Radon Affected Areas
Radon Protection Measures
Potential for Collapsible Ground Stability Hazards
Potential for Compressible Ground Stability Hazards
Potential for Ground Dissolution Stability Hazards
Potential for Landslide Ground Stability Hazards
Potential for Running Sand Ground Stability Hazards
Potential for Shrinking or Swelling Clay Ground Stability Hazards
Shallow Mining Hazards
Map Sheet No: 325, Map Name: Exeter, Map Date: 1995, Bedrock Geology: Available, Superficial Geology:Available, Artificial Geology: Available, Faults: Available, Landslip: Available, Rock Segments: Not Available.Contact ref: 7
LEX Code: DAS, Rock Name: Dawlish Sandstone Formation, Rock Type: Sandstone, Min Age: Permian,Max Age: Permian. Contact ref: 7
No
In an area which may not be affected by coal mining
Description: Less than 1% of homes are above the Action Level. Contact ref: 8
Type: No radon protective measures are necessary in the construction of new dwellings or extensions.Contact ref: 7
No Hazard
Hazard Potential: No Hazard, Source: British Geological Survey, National Geoscience InformationService. Contact ref: 7
Hazard Potential: Moderate, Source: British Geological Survey, National Geoscience Information Service.Contact ref: 7
No Hazard
Hazard Potential: Very Low, Source: British Geological Survey, National Geoscience Information Service.Contact ref: 7
Hazard Potential: Low, Source: British Geological Survey, National Geoscience Information Service.Contact ref: 7
Hazard Potential: No Hazard, Source: British Geological Survey, National Geoscience InformationService. Contact ref: 7
Hazard Potential: Low, Source: British Geological Survey, National Geoscience Information Service.Contact ref: 7
Hazard Potential: No Hazard, Source: British Geological Survey, National Geoscience InformationService. Contact ref: 7
Hazard Potential: Low, Source: British Geological Survey, National Geoscience Information Service.Contact ref: 7
No Hazard
-
-
-
-
-
NE
-
E
-
NE
-
N
On Site
On Site
N/A
N/A
On Site
On Site
N/A
On Site
0-250m
N/A
On Site
0-250m
On Site
0-250m
On Site
0-250m
N/A
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 31sitecheck v36.0
Guidance Notes for Practitioner
RPS RPS Consultants Ltd ('RPS') is part of the RPS Group plc, the largest European Environmental Consultancy with over 3,000 staff and anetwork of offices throughout the UK, Europe and key offices worldwide. As a leading advisor to the financial and property sector on potentialenvironmental liabilities it has over thirty years experience advising on contaminated and 'brownfield' sites in the UK, and acts as a paneladvisor to the majority of the UK's clearing banks, property developers/agents and the legal profession.
The expertise of RPS staff together with the company's in-depth knowledge and experience in the marketplace can help you find economicsolutions for even the most difficult sites.
Purpose of the Assessment The purpose of the RPS Risk Assessment is to assist parties involved in property transactions in assessing the implications of certainenvironmental risks identified in the Report. Implementation of Part IIA of the Environmental Protection Act 1990 places liability forcontaminated land on the current owner or occupier where the 'polluter' cannot be found. In June 2001 The Law Society warned all Solicitorsto be aware of the liabilities attached to contaminated land. Further details and guidance are available in The Environmental Handbook, FifthEdition, published by The Law Society. The Environment Agency, Local Authorities and other statutory bodies do not provide all thenecessary range of information required to determine risks for environmental issues in property transactions. As a consequence, an expertassessment, of the type contained in this report, is essential. The RPS Risk Assessment determines if a sufficient risk is present for the siteto be defined as contaminated, and provides a clear set of recommendations and actions where necessary. The client also has access to atechnical helpline offering free initial advice and consultation by the RPS panel of environmental consultants who provide the assessments.
RPS Risk Assessment Methodology and Scope The RPS Risk Assessment is based on the site boundary defined by the client. It is provided by a panel of consultants following a detailedmanual review of the Report and a review of potentially contaminative historical land uses identified from published 1:1250 (where available),1:2500, 1:10,000 and 1:10,560-scale historical mapping and unpublished "Supply of Unpublished Survey Information" (SUSI), "SIM" and"Large Scale National Grid Data" for the site and its immediate surrounding area.
RPS uses the Source-Pathway-Receptor framework to make assessments regarding land contamination. The 'source' refers to a potentialsource of contamination, 'pathway' to a potential route it may take, and 'receptor' to the end point. For a potential liability to arise each stage ofthe complete pollution linkage must be present. The RPS Risk Assessment uses information contained in the Report relating to the 'source'of contamination through a study of statutory registers, current and historical land use. Analysis of the environmental information (includingthe geology, ground and surface water) is used to detect 'pathway' and 'receptor' stages.
Importantly, the RPS Risk Assessment is also based upon the current and proposed use of the site, which enables a more accurateassessment of the pollution linkage and implication of potential contamination. Without accurate land use information, the land is more likelyto be designated as contaminated because all possible uses would have to be considered.
RPS Risk Ratings The classes of risk referred to within the RPS Risk Assessment take into account the land use (current and proposed) and the environmentalsite setting. The risk ratings can be defined as follows:
Asbestos Under the Control of Asbestos at Work Regulations 2002, and HSE Guidance Note MDHS 100, any property where asbestos may be presentlegally requires an appropriate survey, and an asbestos register. This is normally taken to mean any buildings of pre-1985 construction. If theproperty was constructed prior to 1985 you can contact RPS for further advice.
Ground Investigation, Remediation, Tax Advice/CreditShould there be a significant risk of ground contamination, RPS can provide the necessary additional services to ensure the risk is assessedand placed in an appropriate commercial context as well as providing all necessary geotechnical assessments. RPS is the largest planningconsultancy in the UK and can advise on the requirements for obtaining planning permission for any form of development. RPS can alsoadvise on opportunities to obtain both contaminated land qualifying relief at 150% of the capital cost as well as landfill tax exemptions duringremediation. Their contact details can be found below.
Low risk - it is considered unlikely that ground contamination will give rise to a liability/cost for the owner of the site.
Moderate risk - it is possible but not certain that ground contamination will give rise to a liability/cost for the owner of the site.
High risk - there is a high potential that ground contamination will give rise to a liability/cost for the owner of the site.
Guidance Notes for Practitioner
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 32sitecheck v36.0
Guidance Notes for Practitioner
Contact InformationSitecheck - for queries regarding the contents of the Report, please contact the
Limits of the reportIf you have any queries regarding the information in this report and how to use it, please do not hesitate to contact the Sitecheck helpdesk.
The RPS Risk Assessment comments upon the potential risk of the land being defined as 'contaminated land' as defined in Part IIA of theEnvironmental Protection Act 1990. It is based on the Sitecheck Review Report and information supplied by the client. It is not based on anyphysical inspection of the site or condition of the land.
In addition to the risk assessment, the Report includes data on risks such as Flooding, Radon Gas, Natural Subsidence and Coal Mining.These are set out, together with appropriate guidance, in the Notes Section of the report. (These risks are outside the definition of'contaminated land' because they are outside the scope of Part IIA of the Environmental Protection Act 1990.)
Where higher levels of risk are identified within the report, it does not necessarily mean that a site will be designated as contaminated land oras a special site. Such designation requires that the Local Authority (or environment agency) carry out a detailed inspection to determinewhether or not the land is contaminated.
RPS use the best available public sources of information to identify possible risks and sources of land use. However, we cannot guaranteethat all potentially contaminative land uses or features, whether past or current, will be identified in this report using these sources.
Sitecheck customer helpdesk on 0870 606 1700 .
site inspections and tax, please contact RPS on 020 7261 1091 . RPS - for further information regarding the RPS assessment, or for general environmental consultancy advice including remediation,
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 33sitecheck v36.0
Useful Information
Registered Landfill SitesAt present no complete national data set exists for landfill site boundaries, therefore a point grid reference, provided by the data supplier, isused for some landfill sites. In certain cases the point grid references supplied provide only an approximate position, and can vary from thesite entrance to the centre of the site. Where the exact position of the site is unclear, Landmark construct either a 100 metre or 250 metre"buffer" around the point to warn of the possible presence of landfill. The size of this 'buffer' relates to the positional accuracy that can beattributed to the site. The 100 metre "buffer" is shown on the map as a brown cross-hatched circle and the 250 metre 'buffer' as an orangecross-hatched circle. These are referred to in the map legend as Potential Landfill Buffers. Where actual boundaries are available, the landfillsite area is shown on the map as a red diagonal hatched polygon and referred to in the map legend as Registered Landfill Site.
Local Authority Recorded Landfill SitesLocal Authority landfill data are sourced from individual local authorities that were able to provide information on sites operating prior to theintroduction of the Control of Pollution Act (COPA) in 1974.
Appropriate authorities are listed under Local Authority Landfill Coverage with an indication of whether or not they were able to make landfilldata available. Details of any records identified are disclosed. You should be aware that if the local authority 'Had landfill data but passed it tothe relevant environment agency' it does not necessarily mean that local authority landfill data is included in our other Landfill datasets.
In addition if no data has been made available, for all or part of the search area, you should be aware that a negative response under 'LocalAuthority Recorded Landfill Sites' does not necessarily confirm that no local authority landfills exist.
Flooding The Sitecheck report flood map plots all flood related features revealed within the search area as supplied by the relevant agency. However,to avoid confusion, the text entry in the body of the report only reveals the detail of the nearest feature in each flood data set.
This is also reflected in the summary table where only a single entry is included to indicate the search buffer of the nearest occurrence.
Useful Information
Mining Instability Data The Mining Instability data was obtained on Licence from Ove Arup & Partners Limited (for further information, [email protected]). No reproduction or further use of such Data is to be made without the prior written consent of Ove Arup &Partners Limited. The information and data supplied in the Product are derived from publicly available records and other third party sourcesand neither Ove Arup & Partners nor Landmark warrant the accuracy or completeness of such information or data.
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
Page 34sitecheck v36.0
Useful Contacts
Contact Name and Address
1
2
3
4
5
6
7
Environment Agency National Customer Contact Centre (NCCC)
Devon County Council
Exeter City Council Environmental Health Department
East Devon District Council Environmental Health Department
Health and Safety Executive
Department for Environment, Food and Rural Affairs (DEFRA - formerly FRCA)
British Geological Survey Enquiry Service
PO Box 544TempleboroughRotherhamS60 1BY
County HallTopsham RoadExeterDevonEX2 4QD
Civic CentreParis StreetExeterDevonEX1 1RQ
Council OfficesKnowleSidmouthDevonEX10 8HL
HSE InfolineCaerphilly Business ParkCaerphillyCF83 3GG
Government BuildingsOtley RoadLawnswoodLeedsWest YorkshireLS16 5QT
British Geological SurveyKingsley Dunham CentreKeyworthNottinghamNottinghamshireNG12 5GG
Telephone 08708 506 506
Telephone 01392 382000Fax 01392 382135
Telephone 01392 265476Fax 01392 265265
Telephone 01395 516551Fax 01395 513315
Telephone 08701 545500Fax 02920 859260
Telephone 0113 2613333Fax 0113 230 0879
Telephone 0115 936 3143Fax 0115 936 3276
www.devon.gov.uk
www.exeter.gov.uk
www.eastdevon.gov.uk
Report Reference: SCCON-12050621-4-8Date: 6th March 2006
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Useful Contacts
Contact Name and Address
Other Contacts
Please note that the Environment Agency / SEPA have a charging policy in place for enquiries.
8 Health Protection Agency
Landmark Information Group Limited
ChiltonDidcotOxfordshireOX11 0RQ
Imperial House21-25 North StreetBromleyKentBR1 1SS
Telephone 01235 831600Fax 01235 833891
Telephone 0870 606 1700Fax 0870 606 1701
Definitions
Terms and Conditions
Reports
Intellectual Property
Charges
Termination
Liability
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These Terms govern the relationship between You andLandmark whether You are an unregistered visitor to theWebsite or a registered Member purchasing Landmarkproducts or Services from Landmark.Where these Terms are not expressly accepted by Youthey will be deemed to have been accepted by You, andYou agree to be bound by these Terms when You placeany Order, or pay for any Services provided or Reportsordered.If the person communicating with Landmark is anAuthorised Reseller, they must ensure that You agree tothese Terms.The headings in these Terms are for convenience onlyand shall not affect the meaning or interpretation of anypart of these Terms.We may modify these Terms, and may discontinue orrevise any or all other aspects of the Services at oursole discretion, with immediate effect and without priornotice. Any amendment or variation to these Termsshall be posted on our Websites. Continued use of theServices by You shall be deemed an acceptance byYou to be bound by any such amendments to theTerms.Landmark reserves the right to refuse to supplyServices to You or any other potential client withoutnotice or reason.
Whilst Landmark will use reasonable care and skill inproviding the Services to You the Services are provided onthe express basis that You acknowledge and agree to thefollowing:-
The information and data supplied in the Services arederived from publicly available records and other thirdparty sources and Landmark does not warrant theaccuracy or completeness of such information or data;andThe information and data supplied in the Services are
derived solely from those sources specifically cited in theReport Landmark does not claim that these sourcesrepresent an exhaustive or comprehensive list of all sourcesthat might be consulted; and
Landmark does not guarantee that all past or currentland uses or features will be identified in the Report; andThe Services provided by Landmark are professionalbusiness to business services and not intended for useor interpretation by persons other than professionalpersons skilled in the use of property and environmentalinformation; andLandmark shall not be responsible for error orcorruption in the Report resulting from inaccuracy oromission in primary or secondary information and data,inaccurate processing of information and data by thirdparties, computer malfunction or corruption of datawhilst in the course of conversion, geo-coding,processing by computer or electronic means, or in thecourse of transmission by telephone or othercommunication link, or printing.Landmark reserves the right, without limitation, tochange the Reports or Services on offer at any time.
You acknowledge that all Intellectual Property Rights inthe Report and Services are and shall remain owned byeither Landmark or our Suppliers and nothing in theseTerms purports to transfer, assign or grant any rights toYou in respect of the Intellectual Property Rights.Subject to clause 6.f, You are entitled to make thefollowing use of the Services and Reports subjectalways to these Terms and You may, without furthercharge, make the Report or Services available to;
any person who purchases the whole of theProperty Site,any person who provides funding secured on thewhole of the Property Site,any person for whom You act in a professional orcommercial capacity, andany person who acts for You in a professional orcommercial capacity.
Accordingly Landmark shall have the same duties andobligations to those persons in respect of the Servicesas it has to You.Each of those persons referred to in Clause 3.b. shallhave the benefit and the burden of Your rights andobligations under these Terms. The limitations ofLandmark's liability as set out in Clause 6 shall apply.The Report is to be used solely for the benefit of Youand Your Client and such persons as are set out inClause 3.b, and Landmark excludes all liability to allother persons unless Landmark has expressly agreed inwriting to the assignment of the benefit of the Reportand has been paid Landmark's reasonable fees for sodoing.All parties given access to the Services agree that theywill treat as strictly private and confidential the Servicesand all information which they obtain from the Servicesand shall restrict any disclosure to employees orprofessional advisors to enable the relevant party toconduct its internal business The requirement in thisclause to treat the Services as confidential shall includea requirement to maintain adequate security measuresto safeguard the Services from unauthorised access,use or copying.Each recipient of the Services agrees (and agrees it willcause its employees, agents or contractors who mayfrom time to time have access to the Services to agree)it will not, except as permitted herein or by separateagreement with Landmark:-
effect or attempt to effect any modification, mergeror change to the Service, nor permit any otherperson to do so; orcopy, use, market, re-sell, distribute, merge, alter,add to or carry on any redistribution, reproduction,translation, publication, reduction to any electronicmedium or machine readable form or commerciallyexploit or in any other way deal with or utilise or(except as expressly permitted by applicable law)reverse engineer, decompile or disassemble theServices, Reports, Content or Website; orremove, alter or in any way change any trademarkor proprietary marking in any element of theServices and You acknowledge the ownership of theContent is as per this Clause, where such Content isincorporated or used into Your own documents,reports, systems or services whether or not theseare supplied to any third party.create any product which is derived directly orindirectly from the data contained in the Services
You shall acknowledge the ownership of the Contentwhere such is incorporated into Your own documents,reports, systems or services whether or not these aresupplied to any third party.You are permitted to make five copies of any Report,but are not authorised to re-sell the Report, any partthereof or any copy thereof unless you are anAuthorised Reseller. Further copies may not be made in
whole or in part without the prior written permission ofLandmark who shall be entitled to make a charge for eachadditional copy.
You hereby agree to fully indemnify Landmark againstany claim losses or other damages suffered byLandmark as a result any breach by any recipient of theServices of these Terms.You agree that You will comply with any reasonableinstructions that We may give from time to time withregard to the use of the Intellectual Property Rights,including but not limited to acknowledging that theServices and Reports are confidential to You, YourClient or the persons set out in Clause 3.b.The mapping contained in any Services is protected byCrown Copyright and must not be used for any purposeoutside the context of the Services or as specificallyprovided by these Terms.
Landmark may grant You a credit limit in order to allowYou to transact with it or set up an Account andreserves the right to withdraw any such credit limit atany time without prior notice.You are fully responsible for all charges that accumulateon Your Account.VAT at the prevailing rate shall be payable in addition tothe Landmark Fees. You shall pay any other applicableindirect taxes related to Your use of the Services.An individual or a monthly invoice showing all Orderscreated will be generated subject to these Terms. Youwill pay the Landmark Fees at the rates set out inLandmark's or its Authorised Reseller's invoice. TheLandmark Fees are payable in full within 28 dayswithout deduction, counterclaim or set off. Youacknowledge that time is of the essence with respect tothe payment of such invoices. Non-payment ofLandmark Fees may, at Our sole discretion result inLandmark terminating or limiting the use of YourAccount and its provision of Services to You. Landmarkreserve the right to amend the Landmark Fees fromtime to time and the Services will be charged at theLandmark Fee applicable at the date on which theService is ordered.We may charge interest on late payment at a rate equalto 8% per annum above the base lending rate ofNational Westminster Bank plc.Landmark or its Authorised Reseller shall not be obligedto invoice any party other than You for the provision ofServices, but where Landmark or its AuthorisedReseller does so invoice any third party at Your request,and such invoice is not accepted or remains unpaid,Landmark or its Authorised Reseller shall have theoption at any time to cancel such invoice and invoiceYou direct for such Services. Where Your ordercomprises a number of Services or severable elementswithin any one or more Services, any failure byLandmark or its Authorised Reseller to provide anelement or elements of the Services shall not prejudiceLandmark's or its Authorised Reseller's ability to requirepayment in respect of the Services delivered to You
Landmark may suspend or terminate Your rights underthese Terms without any liability to You with immediateeffect if at any time:-
You fail to make any payment due in accordancewith Clause 4;You repeatedly breach or commit or cause to becommitted any material breach of these Terms; orYou commit a breach and You fail to remedy thebreach within 7 days of receipt of a written notice todo so Landmark may remedy the breach andrecover the costs thereof from You; orYou commit an act of bankruptcy or insolvency, areunable to pay Your debts as or when they fall due ormake any composition or arrangement with Yourcreditors, or go into liquidation whether voluntary orcompulsory, or if any order is made or a resolutionis passed for Your winding up (except for thepurpose of a solvent amalgamation orreconstruction), or if You cease or prepare to ceasetrading, or if You suffer the appointment of areceiver, administrative receiver, administrator orsimilar officer over the whole or part of any of Yourassets.
If Your rights are terminated under this Clause and Youhave made an advance payment We will refund You areasonable proportion of the balance as determined byUs in relation to the value of Services previouslypurchased.We may suspend the Agreement between You andLandmark for an indefinite period without notice and atany time if in Our opinion You are in breach of any of theprovisions of these Terms.
We provide warranties and accept liability only to theextent stated in this Clause 6.Nothing in these Terms excludes either party's liabilityfor death or personal injury caused by that party's
"Account" means the credit account established by a Member with Landmark."Agreement" means the agreement between Ourselves created by Your acceptance of these Terms."Authorised Reseller" means an agent or reseller of Landmark whom Landmark has duly appointed to resell its Reports and Services."Client" means the individual or organisation to whom You provide professional services and/or Your professional advisors where applicable."Content" means any data, computing and information services and software, and other content and documentationor support materials and updates included in and/or supplied by or through the Websites, in Reports or Services or in any other way by Landmark and shall include Landmark developed and Third Party Content."Designated Users" means individuals appointed by Members to transact across the Member's Account."Intellectual Property Rights" means all forms of intellectual property or protective rights recognised in law."Member" means the person, firm or organisation who establishes and/or uses the Account."Order" means the request for Services from Landmark by You."Property Site" means a land site on which a Member requests Landmark provide either a Report or any other Service.References to"We", "Us" and "Our" are references to Landmark Information Group Limited ("Landmark"), whose registered office is 7 Abbey Court, Eagle Way, Exeter, EX2 7HY. Where You are not ordering the Services directly fromLandmark, but from an Authorised Reseller, references to "Landmark" or "We", "Us" and "Our" shall be construed so as to mean either Landmark and/or the Authorised Reseller as the context shall indicate.References to "You/Your/Yourself" refer to the contracting party who places an Order with Landmark and for whom theServices are to be provided by Landmark."Report" includes any information that Landmark supplies to You including all reports, services, datasets, software or information contained in them."Services" means the provision of any service by Landmarkpursuant to these Terms which at the sole discretion of Landmark, may be time limited, for the purposes of evaluation only, offer reduced functionality, offer limited access to the Content, or be free of charge including but notlimited to the report(s), data, information or other services undertaken by Landmark."Landmark Fees" means any charges levied by Landmark for Services provided to You"Suppliers" means any organisation who provides data or information of any form to Landmark."Terms" means these Terms and Conditions."Third Party Content" means the services, software, information and other content or functionality provided by third parties and linked to or contained in the Services."Websites" means websites hosted by Landmark and includes the Content and any report, service, document, data-set, software or information contained therein, derived there from or thereby.
LANDMARK TERMS AND CONDITIONS
Events Beyond Our Control
Severability
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Entire Agreement
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negligence or willful default.As most of the information contained in the Services isprovided to Landmark by others, Landmark cannotcontrol its accuracy or completeness, nor is it within thescope of Landmark's Services to check the informationon the ground. Accordingly, subject to clause 6b,Landmark will only be liable to You for any loss ordamage caused by its negligence or wilful default andneither Landmark nor any person providing informationcontained in any Services shall in any othercircumstances be liable for any inaccuracies, faults oromissions in the Services nor shall Landmark have anyliability if the Services are used otherwise than inaccordance with these Terms.Save as precluded by law, Landmark shall not be liablefor any indirect or consequential loss, damage orexpenses (including loss of profits, loss of contracts,business or goodwill) howsoever arising out of anyproblem, event, action or default by Landmark or anyindirect or consequential loss of any nature whatsoeveror for any physical damage to or loss of Your tangibleproperty, any other direct loss, damage, cost or expenseof any kind or any indirect or consequential loss,damage, cost or expense of any kind, whether any ofthe above arise under contract, tort (includingnegligence), an indemnity or contribution or otherwise.In any event, and notwithstanding anything contained inthese Terms, Landmark's liability in contract, tort(including negligence or breach of statutory duty) orotherwise howsoever arising by reason or in connectionwith this Contract (except in relation to death orpersonal injury) shall be limited to an aggregate amountnot exceeding £1 million if the complaint is in relation toa Report on residential property and an amount notexceeding £10 million in respect of any other Report orService purchased from Landmark except in so far asLandmark will not be liable for any defect, failure oromission relating to Services that is not notified toLandmark within six months of the date of the issuebecoming apparent and in any event, within one year ofthe date of the Report if the complaint is in relation to aReport on residential property and within six years ofthe date of the Report in respect of any other Report orService. Where any claim relates to either a part of theServices that is not chargeable or if You have been inbreach of any part of these Terms Landmark's liabilityshall be limited to £1,000No person may rely on the Report more than 12 monthsafter its original date.You acknowledge that:-
You shall have no claim or recourse against anyThird Party Content supplier nor any of our otherSuppliers. You will not in any way hold usresponsible for any selection or retention of, or theacts of omissions of Third Party Content suppliers orother Suppliers (including those with whom Wehave contracted to operate various aspects or partsof the Service) in connection with the Services (forthe avoidance of doubt Landmark is not a ThirdParty Content supplier). Landmark does not promisethat the supply of the Services will be uninterruptedor error free or provide any particular facilities orfunctions, or that the Content will always becomplete, accurate, precise, free from defects ofany other kind, computer viruses, software locks orother similar code although Landmark will usereasonable efforts to correct any inaccuracies withina reasonable period of them becoming known to us;Landmark's only obligation is to exercise thereasonable skill and care in providingenvironmental property risk information to personsacting in a professional or commercial capacity andYou hereby acknowledge that You are such aperson;no physical inspection of the Property Site reportedon is carried out as part of any Services offered byLandmark and as such We do not warrant that allland uses or features whether past or current will beidentified in the Services and the Services do notinclude any information relating to the actual state orcondition of any Property Site nor should they beused or taken to indicate or exclude actual fitness orunfitness of a Property Site for any particularpurpose nor should it be relied upon for determiningsaleability or value or used as a substitute for anyphysical investigation or inspection;You should carefully inspect the Property Site, andtake any other advice that would be reasonablyprudent to do prior to making any decision about theProperty Site to which any Report or Service relatesand not rely exclusively on the Report or any otherLandmark Services in terms of valuing the PropertySite;Landmark will not be held liable in any way if aReport on residential property is used forcommercial property or more than the oneresidential property for which it was ordered;
the Services have not been prepared to meet Youror anyone else's individual requirements; that Youassume the entire risk as to the suitability of theServices and waive any claim of detrimentalreliance upon the same; and You confirm You aresolely responsible for the selection or omission ofany specific part of the Content;You shall be solely responsible for maintaining theconfidentiality of Your passwords (including YourDesignated Users' password(s)) and You will notifyus immediately that You become aware of anyunauthorised access to, use or copying of any partof Services or document or report derived ordownloaded there from by anyone;You must observe and comply with all applicableregulations and legislation;We offer no warranty for the performance of anylinked internet service not operated by Us;You will on using the Services make a reasonableinspection of any results to satisfy Yourself thatthere are no defects or failures. In the event thatthere is a material defect You will notify us in writingof such defect within seven days of its discovery;without prejudice to any restrictions set out in theseTerms, if in the course of Your business orotherwise You use for the benefit of or convey toany third party any part of the Website, Content, orServices You must make such third parties aware ofthe limitations, obligations and acknowledgementscontained herein;any support or assistance provided to You inconnection with these Terms is at Your risk;the information contained in the Services has beenextracted from various Crown Copyright and otherpublished sources, and accordingly, Landmark doesnot accept any responsibility, and expresslydisclaims all liability, for any errors, omissions ormisstatements, or for any loss occasioned to anyperson acting, or refraining from action, as a resultof, or in reliance upon, the information contained inthese Services;
All liability for any insurance products purchased by Yourests solely with the insurer. Landmark does notendorse any particular product or insurer and noinformation contained within the Services should bedeemed to imply otherwise. You acknowledge that ifYou Order any such insurance Landmark will deemsuch as Your consent to forward a copy of the Report tothe insurers. Where such policy is purchased, all liabilityremains with the insurers and You are entirelyresponsible for ensuring that the insurance policyoffered is suitable for Your needs and should seekindependent advice. Landmark does not guarantee thatan insurance policy will be available on a Property Site.All decisions with regard to the offer of insurancepolicies for any premises will be made solely at thediscretion of the insurers and Landmark accepts noliability in this regard. The provision of a Report doesnot constitute any indication by Landmark that insurancewill be available on the property.If Landmark provides You with any additional serviceobtained from a third party, including but not limited toany professional opinion, interpretation or conclusion,risk assessment or environmental report or searchcarried out in relation to a Report on Your Property Site,Landmark will not be liable in any way for anyinformation contained therein or any issues arising outof the provision of those additional services to You orYour Client. Landmark will be deemed to have acted asan agent in these circumstances and the supply of theseadditional services will be governed by the terms andconditions of those Third Parties.For the avoidance of doubt, those parties providingassessments or professional opinions on Landmarkproducts include RPS Plc & Wilbourn AssociatesLimited. Copies of their terms and conditions areavailable on request from Landmark.
Landmark has undertaken the Services for use only bythe persons referred to at clause 3b and for no otherpurpose whatsoever and the Services should not berelied upon by any other third party. Landmark canaccept no responsibility and will not be liable to anythird party for any loss caused as a result of relianceupon the Services. Any third party relying on theServices does so entirely at its own risk, includingwithout limitation any insurers referred to in this clause6. Recipients of the Services are to rely on their ownskill and judgment in determining the suitability of theServices for their own purpose and use and are advisedto use the Services with caution and not base importantbusiness decisions solely on the same. LandmarkServices are merely one of the tools available for theassessment of environmental, geological or otherproperty or land-related risks and should be used inconjunction with other recognised methods ofevaluation.
Time shall not be of the essence with respect to theprovision of the Services.
You acknowledge that Landmark shall not be liable for anydelay, interruption or failure in the provision of the Serviceswhich are caused or contributed to by any circumstancewhich is outside our reasonable control including but notlimited to, lack of power, telecommunications failure oroverload, computer malfunction, inaccurate processing ofdata, or delays in receiving, loading or checking data,corruption of data whilst in the course of conversion, geo-coding, processing by computer in the course of electroniccommunication, or printing.
If any provision of these Terms are found by either a courtor other competent authority to be void, invalid, illegal orunenforceable, that provision shall be deemed to be deletedfrom these Terms and never to have formed part of theseTerms and the remaining provisions shall continue in fullforce and effect.
This Agreement shall be governed by and construed inaccordance with English law and each party agreesirrevocably submit to the exclusive jurisdiction of the Englishcourts as regards any claim or matter arising under thisAgreement. If any dispute arises out of or in connection withthis agreement (a "Dispute") the parties undertake that, priorto the commencement of Court proceedings, they will seekto have the Dispute resolved amicably by use of analternative dispute resolution procedure acceptable to bothparties with the assistance of the Centre for DisputeResolution (CEDR) if required, by written notice initiatingthat procedure. If the Dispute has not been resolved to thesatisfaction of either party within 60 days of initiation of theprocedure or if either party fails or refuses to participate inor withdraws from participating in the procedure then eitherparty may refer the Dispute to the Court.
These Terms, together with the prices and deliverydetails set out on our Websites and Your Ordercomprise the whole of our agreement relating to thesupply of Services to You by Landmark. No priorstipulation, agreement, promotional material orstatement whether written or oral made by any sales orother person or representative on our behalf should beunderstood as a variation of these Terms or as anauthorised representation about the nature or quality ofany Services offered for sale by us. Save for fraud ormisrepresentation, Landmark shall have no liability forany such representation being untrue or misleading.These Terms shall prevail at all times to the exclusion ofall other terms and conditions including any terms andconditions which You may purport to apply even if suchother provisions are submitted in a later document orpurport to exclude or override these Terms and neitherthe course of conduct between parties nor trade practiceshall act to modify these Terms.
You shall not without our prior written consent assign, ortransfer in any way the benefit of these Terms in wholeor in part or any of Your obligations under these Termssave as provided by Clause 3.b. Your right to use theServices, operate Your Account or to designate users isnot transferableLandmark may assign its rights and obligations underthese Terms without prior notice or any limitation.We may authorise or allow our contractors and otherthird parties to provide to Us and/or to You servicesnecessary or related to the Services and to perform Ourobligations and exercise Our rights under these Terms,which may include collecting payment on Our behalf.No waiver on our part to exercise, and no delay inexercising, any right, power or provision hereunder shalloperate as a waiver thereof, nor shall any single orpartial exercise of any right, power or provisionhereunder preclude the exercise of that or any otherright, power or provision.References in these Terms to any legislation shall beconstrued as references to the same as amended or re-enacted from time to time and shall include subordinatelegislation or regulations.Unless otherwise stated in these Terms, all notices fromYou to Landmark must be in writing and sent to theLandmark registered office (or in the case of anAuthorised Reseller, to its registered office address)and all notices from Us to You will be displayed on ourWebsites from time to time.A person who is not a party to any contract madepursuant to these Terms shall have no right under theContract (Right of Third Parties) Act 1999 to enforce anyterms of such contract and Landmark shall not be liableto any such third party in respect of any Servicessupplied.Landmark reserves the right to monitor or recordtelephone calls for training purposes.
Landmark Information Group Limited, 7 Abbey Court, Eagle Way, Exeter, EX2 7HY© Landmark Information Group Limited
Version 5.02 24 Jun 2005