Site at 382640, 328700

Site at 382640, 328700

Prepared for:Mrs A WilsonStaffordshire County CouncilStaffordshire PlaceStaffordST16 2LP Report Reference: SCD_37443922_1_1 Report Date: 01-FEB-2012 Customer Reference: 5190 Bishop Lonsdale Rev National Grid Reference: 382700 328540

Site Area: 22231 m²

If you have any questions on the contents of this Report please contact Landmark Customer Helpdesk which is open from 9:00am - 5:30pm, Monday - Friday, via one of the following channels: Telephone: 0844 844 9966Fax: 0844 844 9980Email: [email protected]: www.sitecheck.co.uk

Report Sections and Details Page

Summary of Site

Aerial Photo

Location Map

Summary Table

Current Land Use

Historical Land Use

Sensitivity

Other Factors

Useful Information

Useful Contacts

-

1

2

3

7

9

12

15

16

17

This section comprises source, pathway and receptor information found on site. Other factors which may affect thesite are also included.

The aerial photo gives an overall view of the area. The smaller large-scale Ordnance Survey map includes the siteboundary and search zone buffer at 250m.

The accurate large-scale Ordnance Survey map confirms the boundary of the subject site. The descriptive text mayidentify other features which could be of relevance but not reported. The smaller aerial photo includes the siteboundary.

This section comprises of a summary table of the information found on site and in its vicinity.

This section contains a map, which shows current land use features. The following pages detail these features andidentify the Reference Number and direction.

This section contains a map, which shows historical land use features. The following pages detail these features andidentify the Reference Number 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 featuresand identify the Reference Number and direction. This section also contains a separate Flood Map and flood details.

This section contains information on other factors which may affect the site and its vicinity.

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 beable to supply additional information or answer any subsequent query relating to that record.

Contents

rpr_sitecheck v39.0

If you would like any further assistance regarding this report then please contactLandmark on (Tel) 0844 844 9966, (Fax) 0844 844 9980, Email: [email protected]

Brought to you by Landmark

Sensitivity

Other Factors

Pathways

Geological

Groundwater Vulnerability

Radon Potential - Radon Affected Areas

Radon Potential - Radon Protection Measures

Potential for Landslide Ground Stability Hazards

Potential for Shrinking or Swelling Clay Ground Stability Hazards

Potential for Collapsible Ground Stability Hazards

Geological Classification: Non Aquifer (Negligibly permeable) - Formations which are generally regardedas containing insignificant quantities of groundwater. However, groundwater flow through such rocks,although imperceptible, does take place and needs to be considered in assessing the risk associated withpersistent pollutants, Soil Classification: Not classified, Map Scale: 1:100,000, Map Name: Sheet 22 SouthStaffordshire & East Shropshire, Contact Ref: 2

Affected Areas: The property is in a lower probability radon area, as less than 1% of homes are above theaction level, Source: British Geological Survey, National Geoscience Information Service, Contact Ref: 1

Radon Protection Measures: None, Source: British Geological Survey, National Geoscience InformationService, Contact Ref: 1

Hazard Potential: Very Low, Contact Ref: 1



ReferenceNumber(Map ID)

ReferenceNumber(Map ID)

PageNo.

PageNo.

-

-

-

-

-

-

14

15

15

15

15

15

Summary of Site





Page 1 of 17

Aerial Photo

SiteSite at 382640, 328700

Grid Reference 382700, 328540

Report Reference SCD_37443922_1_1

Customer Reference 5190 Bishop Lonsdale Rev

Size of Site 22231 m²



Page 2 of 17

Location Map

SiteSite at 382640, 328700

Grid Reference 382700, 328540

Report Reference SCD_37443922_1_1

Customer Reference 5190 Bishop Lonsdale Rev

Size of Site 22231 m²



Page 3 of 17

Summary Table

Current Land UseSources

Waste / Landfill Sites

Statutory Authorisations

Discharge Consents

Industrial Processes

Storage of Hazardous Substances

Contraventions

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

Control of Major Accident Hazards Sites (COMAH)

Explosive Sites

Notification of Installations Handling Hazardous Substances (NIHHS)

Planning Hazardous Substance Consents

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

On Site

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0-250m

3

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0



Page 4 of 17

Summary Table

Current Land Use

Historical Land Use

Sensitivity

Sources

Sources

Pathways and Receptors

Potentially Contaminative Uses

Miscellaneous


Potentially Infilled Land

Pathways

Contemporary Trade Directory Entries

Fuel Station Entries

BGS Recorded Mineral Sites

Historical Tanks And Energy Facilities

Potentially Contaminative Industrial Uses (Past Land Use)

Former Marshes

Potentially Infilled Land (Non-Water)

Potentially Infilled Land (Water)


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

On Site

On Site

On Site

0

0

1

0

0

0

0

0

0

0

0

1

0

0

0

0

0

0

0

0-250m

0-250m

0-250m

3

3

1

2

0

1

1

1

0

1

0

n/a

n/a

0

0

0

0

0

0



Page 5 of 17

Summary Table

SensitivityPathways and Receptors

Environmentally Sensitive Receptors

Protected Countryside Areas

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

On Site

1

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0-250m

1

0

0

0

0

0

1

0

0

0

0

0

0

0

0

0



Page 6 of 17

Summary Table

Other FactorsGeological

Brine Compensation Area

Coal Mining Affected Areas

Mining Instability

Man-Made Mining Cavities

Natural Cavities




Potential for Compressible Ground Stability Hazards

Potential for Ground Dissolution Stability Hazards


Potential for Running Sand Ground Stability Hazards


Non Coal Mining Areas of Great Britain

On Site

7

0

0

0

0

0

1

1

1

1

0

1

1

1

0

0-250m

1

n/a

n/a

0

0

0

0

n/a

n/a

0

0

0

1

0

0



Page 7 of 17

Current Land Use



Page 8 of 17

Current Land Use

Ref No.

Ref No.

Ref No.

SearchBuffer

SearchBuffer

SearchBuffer

Direction

Direction

Direction

Waste / Landfill Sites


Miscellaneous

Local Authority Landfill Coverage

Contemporary Trade Directory Entries

BGS Recorded Mineral Sites

-

-

1

2

3

On Site

On Site

0-250m

0-250m

0-250m

S

S

NE

E

S

Name: Staffordshire County Council, - Has supplied landfill data, Contact Ref: 3

Name: Stafford Borough Council, - Has no landfill data to supply, Contact Ref: 4

G Hammond & Sons Ltd, Kotabaroe, Cross Butts, Eccleshall, Stafford, Staffordshire, ST216AX, Coal & Smokeless Fuel Merchants & Distributors, Status: Inactive, Positional Accuracy:Automatically positioned to the address

Rsg, Woodlands, Cross Butts, Eccleshall, Stafford, ST21 6AX, Air Conditioning &Refrigeration Contractors, Status: Active, Positional Accuracy: Automatically positioned to theaddress

Johnson Hall Brick Works, Johnson Hall, Eccleshall, Stone, Staffordshire, Status: Ceased,Reference: 64046, Positional Accuracy: Located by supplier to within 10m, Contact Ref: 1

Sources



Page 9 of 17

Historical Land Use



Page 10 of 17

Historical Land Use

Ref No.

Ref No.

SearchBuffer

SearchBuffer

Direction

Direction


Potentially Infilled Land

Historical Tanks And Energy Facilities

Potentially Contaminative Industrial Uses (Past Land Use)

Potentially Infilled Land (Non-Water)

4

5

6

0-250m

0-250m

0-250m

N

S

S

Electrical Sub Station Facilities, Scale of Mapping: 1:2,500, Date of Mapping: 1970 - 1991

Clay bricks & tiles [manufacture], Date of Mapping: 1891

Unknown Filled Ground (Pit, quarry etc), Date of Mapping: 1991

Sources



Page 11 of 17

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 PotentiallyInfilled Land information

1:2,500

1:10,000

1:10,560

Ordnance Survey Plan




Staffordshire

Staffordshire

Staffordshire


SJ8228

SJ8228

SJ8228

SJ82NW

029_SE

029_SE

029_00

SJ82NW

1962

1970

1991

1991

1891

1901

1925

1954

Mapsheet

Mapsheet

Mapsheet

Published

Published

Published



Page 12 of 17

Sensitivity

Flood Map



Page 13 of 17

Sensitivity

Sensitivity Map



Page 14 of 17

Sensitivity

Ref No.

Ref No.

SearchBuffer

SearchBuffer

Direction

Direction

Pathways

Environmentally Sensitive Receptors


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

Nearest Surface Water Feature

-

-

-

-

-

-

-

7

On Site

0-250m

S

-

-

-

-

-

-

S

Geological Classification: Non Aquifer (Negligibly permeable) - Formations which aregenerally regarded as containing insignificant quantities of groundwater. However,groundwater flow through such rocks, although imperceptible, does take place and needs tobe considered in assessing the risk associated with persistent pollutants, Soil Classification:Not classified, Map Scale: 1:100,000, Map Name: Sheet 22 South Staffordshire & EastShropshire, Contact Ref: 2

None

None

None

None

None

None

Distance: 16m

Pathways and Receptors



Page 15 of 17

Other Factors

Other FactorsSearchBuffer

Direction

Brine Compensation Area

Coal Mining Affected Areas

Non Coal Mining Areas of Great Britain




Potential for Compressible Ground Stability Hazards

Potential for Ground Dissolution Stability Hazards


Potential for Running Sand Ground Stability Hazards


On Site

On Site

On Site

On Site

On Site

On Site

0-250m

On Site

-

-

-

S

S

S

S

-

S

S

S

S

No

In an area which may not be affected by Coal Mining

No Hazard

Affected Areas: The property is in a lower probability radon area, as less than 1% of homes are abovethe action level, Source: British Geological Survey, National Geoscience Information Service, ContactRef: 1

Radon Protection Measures: None, Source: British Geological Survey, National Geoscience InformationService, Contact Ref: 1

Hazard Potential: Very Low Contact Ref: 1

Hazard Potential: No Hazard, Contact Ref: 1

No Hazard


Hazard Potential: No Hazard Contact Ref: 1



Geological



Page 16 of 17

Useful Information

Registered Landfill SitesAt present no complete national data set exists for landfill site boundaries, therefore a point grid reference, provided by the datasupplier, is used for some landfill sites. In certain cases the point grid references supplied provide only an approximate positionand can vary from the site entrance to the centre of the site. Where the exact position of the site is unclear, Landmark constructeither 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 be attributed to the site. The "buffer" is shown on the map as an orange cross-hatchedcircle and is referred to in the map legend as Potential Landfill Buffer. Where actual boundaries are available, the landfill site areais 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 operatingprior to the introduction of the Control of Pollution Act (COPA) in 1974. Appropriate authorities are listed under Local AuthorityLandfill Coverage with an indication of whether or not they were able to make landfill data available. Details of any recordsidentified are disclosed. You should be aware that if the local authority 'Had landfill data but passed it to the relevant environmentagency' it does not necessarily mean that local authority landfill data is included in our other Landfill datasets. In addition if no datahas been made available, for all or part of the search area, you should be aware that a negative response under 'Local AuthorityRecorded Landfill Sites' does not necessarily confirm that no local authority landfills exist.

FloodingThe 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 dataset. This is also reflected in the summary table where only a single entry is included to indicate the search buffer of the nearestoccurrence.

Mining Instability DataThe 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 thirdparty sources and neither Ove Arup + Partners nor Landmark warrant the accuracy or completeness of such information or data.

The information in this Sitecheck Data Report is derived from a number of statutory and non-statutory sources. While every effort is made to ensureaccuracy, Landmark cannot guarantee the accuracy or completeness of such information or data, nor to identify all the factors that may be relevant. Ifyou are a private individual using this report Landmark recommend that you discuss its contents in full with your professional advisor. It is essential toread this 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 Data User guide is available free of charge from our website www.sitecheck.co.uk

Landmark Information Group Limited 2011. All Rights Reserved. The copyright on the information and data and its format as contained in this SitecheckData Report ("Report") is the property of Landmark Information Group Limited ("Landmark") and several other Data Providers, including (but not limitedto) Ordnance Survey, British Geological Survey, the Environment Agency and Natural England 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 Landmarkand/or other Data Providers, whose copyright material has been included in this Report.



Page 17 of 17

Useful Contacts

Contact Names and Addresses

Other Contacts

1

2

3

4

British Geological Survey Enquiry Service

Environment Agency National Customer Contact Centre (NCCC)

Landmark Information Group Limited

Stafford Borough Council Environmental Health Department

Landmark Information Group Limited

British Geological SurveyKingsley Dunham CentreKeyworthNottinghamNottinghamshireNG12 5GG

PO Box 544TempleboroughRotherhamS60 1BY

The Smith CentreHenley On ThamesOxfordshireRG9 6AB

Civic OfficesRiversideStaffordStaffordshireST16 3AQ

Legal and FinancialThe Smith CentreFairmileHenley-on-ThamesOxonRG9 6AB

[email protected]

[email protected]

[email protected]

[email protected]

www.bgs.ac.uk

www.landmarkinfo.co.uk

www.staffordbc.gov.uk


Telephone 0115 936 3143Fax 0115 936 3276

Telephone 08708 506 506

Telephone 0844 844 9952Fax 0844 844 9951

Telephone 01785 619000Fax 01785 223156

Telephone 0844 844 9966Fax 0844 844 9980

Please note that the Environment Agency/SEPA have a charging policy in place for enquiries.

www.staffordbc.gov.uk

mailto:[email protected]






www.bgs.ac.uk

Search Code

Important Consumer Protection Information

This search has been produced by Landmark Information Group Ltd, The Smith Centre, Fairmile,Henley on Thames, RG9 6AB. Telephone 0844 844 9966, email [email protected] is registered with the Property Codes Compliance Board (PCCB) as a subscriber to theSearch Code. The PCCB independently monitors how registered firms maintain compliance withthe Code.

The Search Code provides protection for homebuyers, sellers, conveyancers and mortgagelenders who rely on property search reports carried out on residential property within the UnitedKingdom. It sets out minimum standards which firms compiling and/or selling search reports haveto meet. By giving you this information, your search provider is confirming that they keep to theprinciples of the Code. This provides important protection for you.

The Code's core principles

Search providers which subscribe to the Code will:

- Display the Code logo prominently on their search reports. - Act with integrity and carry out work with due skill, care and diligence. - At all times maintain adequate and appropriate insurance to protect consumers. - Conduct business in an honest, fair and professional manner. - Handle complaints speedily and fairly. - Ensure that all search services comply with the law, registration rules and standards. - Monitor their compliance with the Code.

Keeping to the Search Code

How search organisations maintain compliance with the Search Code is monitored independentlyby the Property Codes Compliance Board (PCCB). If you have a query or complaint about yoursearch, you should raise it directly with the firm, and if appropriate ask for your complaint to beconsidered under their formal internal complaints procedure. If you remain dissatisfied with thefirm's final resolution after your complaint has been formally considered or if the firm hasexceeded the response timescales, you may refer your complaint to The Property Ombudsman(TPO). TPO can award compensation of up to £5,000 to you if it finds that you have sufferedactual loss as a result of your search provider failing to keep to the Code.

Please note that all queries or complaints regarding your search should be directed toyour search provider in the first instance, not to TPOs or to the PCCB.

TPOs Contact Details:The Property Ombudsman SchemeBeckett House4 Bridge StreetSalisburyWiltshire SP1 2LXTel: 01722 333306Fax: 01722 332296Email: [email protected]

Search Code

Complaints Procedure - Information for customers

If you wish to make a complaint, we will deal with it speedily and fairly. We will:

- Produce a formal written complaints procedure and tell you what this is. - Acknowledge a complaint within 5 working days of its receipt. - Normally deal with a complaint fully and in writing within 20 working days of receipt. - Keep you informed by letter, telephone or e-mail, as you prefer, if we need more time. - Provide a final written response at the latest within 40 days of receipt. - Liaise, at your request, with anyone acting formally on your behalf.

If you are not satisfied with the final decision, you may refer the complaint to The PropertyOmbudsman scheme (TPOs).

You can get more information about the PCCB from www.propertycodes.org.uk

Please contact our Customer Service Team on 0844 844 9966 if you would like a copy of the fullsearch code.

Complaints should be sent to:

Customer Relationship ManagerLandmark Information Group LtdLandmark UK PropertyThe Smith CentreFairmileHenley-On-ThamesRG9 6AB

Telephone: 0844 844 9966

E-mail: [email protected]

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Basis of Contract

Services and Licensed Use

Intellectual Property and Confidentiality

Termination

1.

2.

3.

4.

In these Terms, the following terms have the following meanings:"Agreement" has the meaning set out in clause 1.d."Authorised Reseller" means an agent or reseller who We have duly appointedto resell Our Reports and Services."Consumer" means a natural person acting for purposes other than his trade,business or profession."Content" means any data, computing and information services and software,and other content and documentation or support materials and updates includedin and/or supplied by or through the Websites, in Reports or Services or in anyother way by Us and shall include both material developed by or on behalf of Usand Third Party Content."End User" means either: (i) a Consumer or a Consumer's friend or familymember who uses the Services provided to the Consumer; or (ii) where You arenot a Consumer, an employee of Yours who uses the Services provided to You;or (iii) a person identified in clause 2.b or their respective employees."Fees" means any charges levied by Us or an Authorised Reseller for Servicesprovided to You."First Purchaser" means the first person, or legal entity to purchase theProperty Site following provision of a Report."First Purchaser's Lender" means the funding provider for the First Purchaser."Information Pack" means a pack compiled by or on behalf of the owner orprospective buyer of the Property Site, designed to aid the marketing or purchaseof the Property Site and containing information provided by or on behalf of theowner or prospective buyer of the Property Site."Intellectual Property Rights" means copyright, patent, design right (registeredor unregistered), service or trade mark (registered or unregistered), databaseright or other data right, moral right or know how or any other intellectual propertyright.References to "We", "Us" and "Our" are references to Landmark InformationGroup Limited, whose registered office is 7 Abbey Court, Eagle Way, Exeter,EX2 7HY."Order" means the request for Services from Us by You."Property Site" means a land site in relation to which We provide a Service."Report" includes any information that We supply to You including all reports,services, datasets, software or information contained in them."Services" means the provision of any service by Us pursuant to these Terms,including without limitation, any Report. "Supplier" means any third party organisation that provides services, software,data, information and other content or functionality of any form to Us."Terms" means these terms and conditions."Third Party Content" means the services, software, data, information and othercontent or functionality provided by Suppliers and linked to or contained in theServices."Website" means any website hosted by Us and includes the Content and anyreport, service, document, data-set, software or information contained in suchwebsites or derived from them.References to "You", "Your" and "Yourself" refer to the contracting party whoaccesses the Website or places an Order with Us.

These Terms govern the relationship between Us and You where Youpurchase Services from Us. Where these Terms are not expressly acceptedby You, they will be deemed to have been accepted by You, and You agreeto be bound by these Terms, when You place any Order, or pay for anyServices provided to You by Us.

You shall take all reasonable steps to check that the details that You providein relation to Your Order are complete, accurate and correct and that theReport has been prepared for the correct location and property type. NeitherWe nor any Suppliers shall have any liability for errors or omissions ininformation provided by or on behalf of You or from Your failure to check thatthe Report relates to the correct location or property.

We may modify these Terms, and may discontinue or revise any or all otheraspects of the Services at Our sole discretion, with immediate effect andwithout prior notice, including without limitation changing the Servicesavailable at any given time. Any amendment or variation to these Termsshall be posted on Our Websites. You acknowledge that it shall remain Yourresponsibility to check Our Website from time to time for any suchamendments or variation to these Terms. Continued Orders of the Servicesby You shall be deemed an acceptance by You to be bound by any suchamendments to the Terms.

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These Terms shall prevail at all times to the exclusion of all other terms andconditions including any terms and conditions which You may purport toapply even if such other provisions are submitted in a later document orpurport to exclude or override these Terms and neither the course of conductbetween parties nor trade practice shall act to modify these Terms.

Subject to clauses 6.d, 6.k and 6.l, We shall use all reasonable skill, careand diligence in the performance of the Services.

Subject always to these Terms You may, without further charge, make theServices available to:

the owner of the whole or part of the Property Site at the date of theReport;any person who purchases the whole or part of the Property Site;any person who provides funding secured on the whole or part of theProperty Site;any person for whom You act in a professional or commercial capacity inrelation to the Property Site;any person who acts for You in a professional or commercial capacity inrelation to the Property Site; and/orprospective buyers of the whole or part of the Property Site as part of anInformation Pack but for the avoidance of doubt, We shall have noliability to such prospective buyer unless the prospective buyersubsequently purchases the Property Site, and the prospective (oractual) buyer shall not be entitled to make the Service available to anyother third party.

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LANDMARK STANDARD TERMS AND CONDITIONS

a.

b.

c.

d.

e.

a.

b.

i.

ii. iii.

iv.

v.

vi.

c.

d.

e.

f.

g.

h.

i.

j.

a.

b.

a.

Payments

Liability

5.

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if You are in breach of the Terms and, if such breach is capable ofremedy, You fail to remedy the breach within 30 days of written noticefrom Us specifying the breach and requiring it to be remedied; andif You have a receiver or administrative receiver or administratorappointed over You or any part of Your undertaking or assets or shallpass a resolution for winding up (otherwise than for the purpose of abona fide scheme of solvent amalgamation or reconstruction) or if acourt of competent jurisdiction shall make an order to that effect or if Youbecome subject to an administration order or enter into a voluntaryarrangement with Your creditors or shall cease or threaten to cease tocarry on business or if You are presented with a bankruptcy petition.

In the event of the termination or expiry of the Agreement:You shall, subject to clause 4.b.iii, immediately cease to use the Reportand any Content;You shall, subject to clause 4.b.iii, within 30 days of such termination orexpiry, destroy all Content in any media which You hold or for which Youare responsible and provide, at Our request, a sworn statement by aduly authorised person that You no longer hold such Content;except in the event of termination by Us under clause 4.a, You mayretain Content in an archive following expiry of the Agreement for thesole purpose of addressing a complaint or challenge from a regulator orother third party regarding Your use of such Content during the term ofthe Agreement. Your rights are on condition that: (a) the archive rightsdo not apply to Content that include third party Intellectual PropertyRights (other than Content provided by Ordnance Survey to the extentthat the Intellectual Property Rights in such Content are owned byOrdnance Survey); (b) You shall not disclose Content retained under thisclause 4.b.iii to any regulator or other third party except strictly to theextent necessary for the relevant purpose of addressing a complaint orchallenge from a regulator or other third party and in paper or read-onlyelectronic format only; (c) You must store such Content separately fromany other data which You hold; and (d) subject to clause 6.a, We shallhave no liability for Your use of it following termination or expiry of theAgreement; andthe parties shall have no further obligations or rights under theAgreement, without prejudice to those which have accrued to eitherparty prior to termination or expiry save that the "Definitions", clauses 2.cto 2.j (inclusive), this clause 4.b, clauses 5.d, 6, 7, 9, 10 and 11 togetherwith those other clauses the survival of which is necessary for theinterpretation or enforcement of the Agreement or which by their naturecan be reasonably interpreted as surviving the expiry or termination ofthe Agreement, shall continue to have effect after such expiry ortermination.

An individual or a monthly invoice showing all Orders created by You will begenerated subject to these Terms. You will pay the Fees at the rates set outin Our or Our Authorised Reseller's invoice within 30 days of the date of eachinvoice without deduction, counterclaim or set off. Where Your ordercomprises a number of Services or severable elements within any one ormore Services, any failure by Us or its Authorised Reseller to provide anelement or elements of the Services shall not prejudice Our or OurAuthorised Reseller's ability to require payment in respect of the Servicesdelivered to You. You acknowledge that time is of the essence with respectto the payment of such invoices.

VAT shall be due in addition to any Fees. You shall pay any other applicableindirect taxes related to Your use of the Services.

Neither We nor any Authorised Reseller shall be required to notify You inadvance of any amendment to the Fees and the placing of any further Orderfor Services shall be deemed acceptance of any revisions to the Fees.

If You fail to pay by the due date any amount due and payable by You underthe Agreement, We shall be entitled, but not obliged to, charge You intereston the overdue amount, payable by You immediately on demand, accruingfrom the due date up to the date of actual payment, after as well as beforejudgment, at the rate set out in the Late Payment of Commercial Debts(Interest) Act 1998 from time to time and fixed sum compensation under theLate Payment of Commercial Debts Regulations 2002. Such interest shallaccrue on a daily basis.

Nothing in these Terms excludes or limits either party's liability for death orpersonal injury caused by that party's negligence or wilful default or for fraud,and the remainder of this clause 6 is subject to this provision. If You are aConsumer, Your statutory rights (which include, for example, that We willprovide the Services to a reasonable standard and within a reasonable time)are not affected by anything in these Terms.

Save as set out in clause 6.a, We shall not be liable to You or to any EndUser in contract, tort (including negligence) or for breach of statutory duty orin any other way for:

any indirect or consequential losses (which includes any loss that couldnot have been reasonably expected by You and Us at the time ofentering into these Terms);

loss arising from or in connection with loss of revenues, profits, contractsor business or failure to realise anticipated savings; orloss of goodwill or reputation.

Save as set out in clause 6.a, Our total liability to You and/or any End User incontract or tort (including negligence) or for breach of statutory duty shall notexceed an amount of ten million pounds (£10,000,000) per claim or series ofconnected claims.

The Content that Services are based on is derived from third party sources.Therefore, save as set out in clause 6.l in respect of risk assessments andprofessional opinions, We do not warrant the accuracy or completeness ofany information or Content provided, unless We should reasonably havebeen alerted to any omission, error or inaccuracy in the Content. SuchContent is provided specifically from the sources as described by Us and Wedo not claim that these represent an exhaustive or comprehensive list of allsources that might be consulted.

You acknowledge and agree that neither You nor any End User shall haveany claim or recourse against any Supplier of Third Party Content.

You acknowledge and agree that We do not warrant that the online supply ofContent or Services or any internet ordering service will be: uninterrupted orerror free or provide any particular facilities or functions; free from defects;free from software viruses; free of error from computer malfunction,inaccurate processing; free from corruption of data whilst geo-coding,processing by computer or electronic means or in the course of transmission;or similar, although We will use reasonable endeavours to correct any suchissues within a reasonable period of them becoming known (which may belimited to notifying the relevant Supplier). Time shall not be of the essence inproviding the Content or Services.

You acknowledge and agree that no physical inspection of the Property Sitereported on is carried out as part of any Services offered by Us and We donot warrant that all land uses or features whether past or current will beidentified in the Services. The Services do not include any informationrelating to the actual state or condition of any Property Site nor should theybe used or taken to indicate or exclude actual fitness or unfitness of aProperty Site for any particular purpose nor should it be relied upon fordetermining saleability or value or used as a substitute for any physicalinvestigation or inspection.

You acknowledge and agree that We will not be held liable in any way if aReport is used otherwise than as provided for in these Terms and/or in theReport.

You acknowledge and agree that the Services have not been prepared tomeet Your or anyone else's individual requirements and it is Yourresponsibility to ensure that the Services ordered are suitable for Your (or theEnd User's) intended purpose.

You acknowledge and agree that You shall, on receipt of a Report carry outa reasonable inspection to satisfy Yourself that there are no apparent defectsor failures with respect to the description and location of the Property Siteand shall promptly inform Us if there are any such defects or failures.

All liability for any insurance products purchased by You rests solely with theinsurer. We do not endorse any particular product or insurer and noinformation contained within the Services should be deemed to implyotherwise. You acknowledge that if You Order any such insurance We willdeem such as Your consent to forward a copy of the Report to the insurers.Where such policy is purchased, You acknowledge and agree that all liabilityshall remain with the insurers and that You are entirely responsible forensuring that the insurance policy offered is suitable for Your needs andshould seek independent advice. We do not guarantee that an insurancepolicy will be available on a Property Site. You acknowledge and agree thatall decisions with regard to the offer of insurance policies for any premiseswill be made solely at the discretion of the insurers and We accept no liabilityin this regard. The provision of a Report does not constitute any indication byUs that insurance will be available on the Property Site.

We may provide You with professional opinions or a risk assessment in aReport. You acknowledge and agree that We shall carry out (or procure thatthird parties carry out) such assessment with reasonable skill and care andthat We shall be liable where any such risk assessment is carried outnegligently. Notwithstanding the foregoing We shall not be liable for anyinaccurate statement, opinion or risk rating in a Report which resulted from areasonable interpretation of the Content.

Neither You, nor any End User or any other person may rely on a Servicemore than 12 months after it was originally provided.

You shall use all reasonable endeavours to ensure that End Usersacknowledge and agree to the limitations and exclusions of liability set out inthis clause 6.

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Save where expressly provided, this clause 7 shall apply solely toEnvirosearch Residential Reports (regardless of the result of such Report).Nothing in this clause 7 shall operate to override or vary the provisions ofclause 6.

We are prepared to offer, without any admission or inference of liability, acontribution towards the costs of any remediation works required under aNotice (as defined below) on the terms of this clause 7 ("the Contribution").

In the event that a Remediation Notice is served on the First Purchaser orFirst Purchaser's Lender of a Property Site under Part IIA of theEnvironmental Protection Act 1990 ("the Notice") We shall contribute to thecost of such works as either the First Purchaser or First Purchaser's Lender(but not both) are required to carry out under the Notice subject to theprovisions of this clause 7 and on the following terms:

the Contribution shall only apply to contamination or a pollution incidentpresent or having occurred prior to the date of the Report; the Contribution shall only apply where the Property Site is a singleresidential dwelling house or a single residential flat within a block offlats. For the avoidance of doubt, this obligation does not apply to anycommercial property, nor to any Property Site being developed orredeveloped whether for residential purposes or otherwise; the Contribution is strictly limited to the cost of works at the Property Siteand at no other site; andthe Contribution will not be paid in respect of any of the following: (1)radioactive contamination of whatsoever nature, directly or indirectlycaused by or contributed to or arising from ionising radiations orcontamination by radioactivity from any nuclear fuel or from any nuclearwaste from the combustion of nuclear fuel or the radioactive toxicexplosive or other hazardous properties of any explosive nuclearassembly or nuclear component thereof; (2) asbestos arising out of orrelated in any way to asbestos or asbestos-containing materials on or instructures or services serving the structures; (3) naturally occurringmaterials arising from the presence or required removal of naturallyoccurring materials except in circumstances where such materials arepresent in concentrations which are in excess of their naturalconcentration; (4) intentional non-compliance arising from the intentionaldisregard of or knowing wilful or deliberate non-compliance by anyowner or occupier of the Property Site with any statute, regulation,administrative complaint, notice of violation, or notice letter of anyRegulatory Authority; (5) any condition which is known or oughtreasonably to have been known to the First Purchaser or the FirstPurchaser's Lender prior to the purchase of the Report; (6) any conditionwhich is caused by acts of war or an act of terrorism; (7) any propertybelonging to or in the custody or control of the First Purchaser whichdoes not form a fixed part of the Property Site or the structure; (8) anyfines liquidated damages punitive or exemplary damages; (9) any bodilyinjury including without limitation, death, illness or disease, mental injury,anguish or nervous shock; (10) any financial loss in respect of any lossof any rental, profit, revenue, savings or business or any consequentialindirect or economic loss damage or expense including the cost of rentof temporary premises or business interruption; and/or (11) any lossesincurred following a material change in use of, alteration or developmentof the Property Site.

Without prejudice to Your other rights and remedies under the Agreement,the maximum sum that shall be contributed by Us in respect of anyContribution shall be limited to £60,000. In the event that more than oneReport is purchased on the Property Site the Contribution will only bepayable under the first Report purchased by or on behalf of any FirstPurchaser or First Purchaser's Lender and no Contribution will be made inrespect of subsequent Reports purchased by or on behalf of such FirstPurchaser, First Purchaser's Lender or any person connected to them.

We shall only pay a Contribution where the Notice is served within 36months of the issue date of the Report.

Any rights to a Contribution under this clause 7 are not assignable in theevent of a sale of the Property Site and We shall not make any Contributionafter the date of completion of such sale.

In the event the First Purchaser or First Purchaser's Lender wishes to claimany Contribution, it shall notify Us in writing within 3 months of the date of theNotice. The First Purchaser or First Purchaser's Lender (as applicable) shallcomply with all Our reasonable requirements with regard to the commissionand conduct of the remediation works to be carried out under the Notice, andin the event the First Purchaser or First Purchaser's Lender (as applicable)does not do so, including without limitation, obtaining Our prior writtenconsent to any estimates for such works or complying with any otherreasonable request by Us, We shall not be required to pay any Contribution.Notwithstanding the payment of the Contribution by Us the First Purchaser orFirst Purchaser's Lender as applicable shall take all reasonable steps tomitigate any costs incurred in connection with the conduct of works requiredunder the terms of any Notice.

In the event that the First Purchaser or First Purchaser's Lender receives anycommunication from a statutory authority to the effect that there is an intentto serve a notice received under Part IIA of the Environmental Protection Act1990 You shall ensure that they advise Us within a maximum period of twomonths from receipt of such communication. This clause 7.h and the serviceof any notice under it shall not affect the provisions of clauses 7.e and 7.g,and any such communications, even if advised to Us will not operate asnotice under clause 7.e.

We reserve the right at any time prior to a claim for Contribution being madein accordance with clause 7.g above, to withdraw the offer of payment ofContributions without further notice.

We shall be entitled to assign or transfer the Agreement as We reasonablysee fit.

The Agreement is personal to You. You shall not assign, transfer, sub-licence or otherwise deal with any of Your rights and obligations under theAgreement without Our prior written consent.

We may authorise or allow Our contractors and other third parties to provideto Us and/or to You services necessary or related to the Services and toperform Our obligations and exercise Our rights under these Terms, whichmay include collecting payment on Our behalf.

Neither party to the Agreement shall be liable for any delay or failure toperform their obligations caused by any circumstance beyond their control,and such party shall be entitled to a reasonable extension of time for theperformance of such obligation.

Any complaints in relation to the Services should, in the first instance, be inwriting addressed to the Customer Service Support Manager at Ourregistered office. We will (or Our agents will) respond to any such complaintsin writing as soon as practicably possible.

If any dispute arises out of or in connection with the Terms of the Agreementor their validity ("Dispute") the parties undertake, subject to clause 10.c, thatprior to commencement of court proceedings they will negotiate in good faithto settle such Dispute by mediation in accordance with the Centre forEffective Dispute Resolution Model Mediation Procedure as in force fromtime to time, which Procedure is deemed to be incorporated by referenceinto this clause. Unless otherwise agreed between the parties, the mediatorwill be nominated by the Centre for Effective Dispute Resolution. To initiatethe mediation a party shall give notice in writing to the other party to thedispute requesting a mediation. The mediation will start not later than 21days after the date of service of such notice. If the Dispute has not beenresolved to the mutual satisfaction of the parties within 60 days (or suchother period as they shall agree) after the date of service of such notice theneither party may refer the Dispute to the courts in accordance with clause11.f.

Clause 10.b shall be without prejudice to the rights of termination stated inclause 4.a and in addition shall not prevent Us from:

applying for injunctive relief in the case of: (1) breach or threatenedbreach of confidentiality; or (2) infringement or threatened infringementof Our or Our Suppliers' intellectual property rights; orpursuing a debt claim for the payment of the Fees.

If any provision of the Agreement is found by either a court or othercompetent authority to be void, invalid, illegal or unenforceable, thatprovision shall be deemed to be deleted from the Agreement and never tohave formed part of the Agreement and the remaining provisions shallcontinue in full force and effect.

No delay, failure or omission on Our, or any Supplier's, part in enforcing,exercising or pursuing any right, power, privilege, claim or remedy conferredby or arising under the Agreement or by law shall be deemed to be orconstrued as a waiver of that or any other right, power, privilege, claim orremedy, nor shall any single or partial exercise of any such right, power,privilege, claim or remedy preclude the exercise of that or any other right,power, privilege, claim or remedy.

Our privacy policy as displayed on Our Website and updated from time totime governs the use that We shall make of any information provided by Youor an End User.

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A person who is not a party to any contract made pursuant to these Termsshall have no right under the Contract (Rights of Third Parties) Act 1999 toenforce any terms of the Agreement and We shall not be liable to any suchthird party in respect of the Products, save that any Supplier may enforce anyof these terms and conditions against You in accordance with the Contracts(Rights of Third Parties) Act 1999. Notwithstanding any other provisions ofthe Agreement, We may rescind or vary the Agreement in accordance withits terms without the consent of the Suppliers and accordingly section 2(1) ofthe Contracts (Rights of Third Parties) Act 1999 shall not apply.

You shall ensure that each End User complies with and is bound by theTerms and shall procure that We may in Our own right enforce such termsand conditions against the End User pursuant to the Contracts (Rights ofThird Parties) Act 1999. You shall be responsible for End User's compliancewith the Terms and You shall be liable for all breaches of the Terms by theEnd Users as if they were breaches by You.

The Agreement and any non-contractual obligations arising out of or inconnection with it shall be governed by and construed in accordance with thelaws of England and, subject to clause 10.b, each party irrevocably submitsto the exclusive jurisdiction of the courts of England and Wales.

Landmark Information Group Limited, 7 Abbey Court, Eagle Way, Exeter, EX2 7HY Email: [email protected]© Landmark Information Group Limited

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