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Land Quality Statements
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The Land Quality Statement is undertaken in accordance with the Royal Institution of Chartered Surveyors guidance note 'Contamination and Envroironmental Matters:their implications for property professionals', published by RICS Books dated December 2003. The following is undertaken in preparing the Land Quality Statement :-

· Examination of historical maps and archive records;
· Consultation with statutory authorities and examination
of public registers;
· Examination of local authority records eg. planning and
environmental health;
· Examination of data held by the Environment Agency
and water companies;
· Assessment of geological, hydrological and hydrogeological features;
· A review of any available site investigation reports for the site;
· A review of the tenants lease will be critically examined to
explore the responsibilities of landlord and tenant.
· A visit of the site is undertaken where a detailed record of
observations will be made and photographs taken.

Having regard to all the relevant information and the current knowledge of guidance issued by the DETR (now DEFRA) to implement the provisions of Part IIA of the Environmental Protection Act 1990, together with guidance produced by the Royal Institution of Chartered Surveyors, the following six questions will be answered which are considered germane to most property transactions :-
i) Is remedial treatment necessary or prudent to enable continued use of the property for its current use without undue risk to the health of persons using the property? If so, how much would this treatment cost? Is this a fair measure of an appropriate reduction in value?
ii) Is remedial treatment necessary or prudent to reduce the risk of damage to a third party's health or property, or damage to the environment which may give rise to a claim for damages, prosecution or action by the appropriate regulatory bodies? If so, how much would this treatment cost? Is this a fair measure of an appropriate reduction in value?
iii) If remedial treatment is not warranted under 1 or 2 above, but there remains a residual risk of future claims from third parties and regulatory authorities, what reduction in value (if any) is appropriate to compensate for this risk?
iv) Does concern regarding the risks associated with the known or suspected presence of contamination restrict the prudent use of the properties as compared to the likely range of possible uses if the site was uncontaminated? What reduction in value (if any) should there be to reflect this? Can this restriction be reasonably measured by the cost of remedial treatment to overcome the restriction on the use of the property?
v) If the property were to be redeveloped, how much additional expense would be incurred in investigating contamination of the property further and carrying out any necessary remedial work as compared to an uncontaminated property? What reduction in value (if any) is appropriate to reflect this fact?
vi) If the property is being treated for contamination what reduction in value (if any) is appropriate to compensate the purchaser for the fact that the property was once contaminated or for the possibility that the treatment, despite appearances, has not been successful? Or, alternatively, would the site increase in value if it can be demonstrated that the land is absolutely free of risk in this respect?

In addition to which, the test of 'harm' defined under Part IIA of the Environmental Protection Act 1990 is dealt with as follows:-
i) Is significant harm being caused?
ii) Is there a significant possibility of such harm being caused?
iii) Is pollution of controlled waters being, or is likely to be caused?

 

The risk is categorised if there are known development options, in accordance with the following risk assessment :-
VERY HIGH
Very significant risk of contamination, the ongoing presence of which would preclude development of any sort. Very significant potential for environmental pollution. Remediation measures complex and very expensive. Site investigation essential.
HIGH
Significant risk of contamination without remediation. Precludes all but the least sensitive of development, e.g. car parking. Significant potential for environmental pollution. Remediation measures expensive. Site investigation required.
MEDIUM
Risk of contamination but allowing non-sensitive development, e.g. commercial, for reasonable costs of remediation, although more sensitive development, e.g. housing, may require substantial remedial measures. Potential for environmental pollution. Site investigation may be required.
LOW
Little risk of contamination where all development options are likely to be possible with little or no remediation measures. Little potential for environmental pollution. Confirmatory site investigation may be required.
VERY LOW
No evidence of previous contaminative use and very low risk of contamination or remediation costs associated with any development proposals. Environmental pollution unlikely. Site investigation not essential at investment stage.
To contact us - email: info@environmental-surveyors.com or call 0114 2435500

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