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Find below the latest Groundsure webinars, including recording links, so you can watch at your convenience.

1. Groundsure Transportation

Link: https://attendee.gotowebinar.com/recording/663455625191428354

About:

Many environmental risks can affect your property which should be investigated fully ahead of exchange of contracts. 

To provide detailed due diligence and  protect the interests of both you and the lender on your proposed property purchase you should get an environmental search. 

Standard searches will not report on issues arising from transportation activities. As part of the range of searches Groundsure Transportation report will identify whether there are any specific risks relating to existing and proposed transport infrastructure. An Energy and Transportation report will highlight if the property is within the vicinity of HS2, Crossrail 1 and 2,  underground railways, active and historical railways. If a residential Avista environmental report is purchased transportation will be included as standard.  

HS2

High Speed Two (HS2) is the UK’s new high speed rail network linking London, Birmingham, Leeds and Manchester. The route is split into two phases, Phase 1 (London to Birmingham) has been given the go ahead. The preferred route for Phase 2a (Birmingham to Crewe) and Phase 2b Birmingham to Leeds and Manchester) was announced in summer 2017, with the HS2 Phase 2A Bill receiving Royal Assent in February 2021. Phase 2b of the project is still under consultation. 

The property may be in an area that is later subject to compulsory purchase to allow the railway to be built. Alternatively, it may be impacted by noise and vibration or visual intrusion from construction and operation – an indication of which is included within the report. 

Crossrail 1

Crossrail 1, which will be known as the Elizabeth Line once services begin in 2018, is a new railway linking Reading and Heathrow in the west through 42km of tunnels under London to Shenfield and Abbey Wood in the east. The majority of construction is now complete but properties above or in proximity may experience issues arising from operational noise and vibration. 

Crossrail 2

Crossrail 2 is a new proposed railway linking Surrey and Hertfordshire via an underground tunnel through London. Crossrail 2 marks the next step in the ambitions to improve rail infrastructure and join major counties to the capital. The Crossrail 2 route, safeguarding areas, worksites and headhouses are all included. This project is currently suspended. 

Railways and subways

Active, historic and abandoned railways and tunnels, the London Underground and other subway systems have the potential to cause noise and vibration to properties in close proximity as well as providing essential transport links.

2. Groundsure Energy

Link: https://attendee.gotowebinar.com/recording/8353509218884714497

About:

Many environmental risks can affect your property which should be investigated fully ahead of exchange of contracts. 

To provide detailed due diligence and  protect the interests of both you and the lender on your proposed property purchase you should get an environmental search. 

Standard searches will not report on issues arising from energy activities. A Groundsure search will provide insight on the proximity of all existing and proposed major energy infrastructure up to 10km from the property that may have an impact on value or your enjoyment of the property. These include major projects such as hydraulic fracturing (‘fracking’) sites, large scale wind farms and power stations as well as smaller scale infrastructure. In addition, to oil and gas sites, large scale transmission networks, power stations including nuclear and wind and solar farms. If a residential Avista environmental report is purchased energy will be included as standard.  

Due to changes in Trespass Law as part of the Infrastructure Act 2015, oil and gas companies will be given automatic access for gas and oil development below 300m without having to seek land and home owner’s permission and leaving them without legal recourse. 

3. Groundsure Radon

Link: https://attendee.gotowebinar.com/recording/1987749210921690881

About:

Many environmental risks can affect your property which should be investigated fully ahead of exchange of contracts. 

To provide detailed due diligence and  protect the interests of both you and the lender on your proposed property purchase you should get an environmental search. 

Standard Con29 Local Authority Searches will cover the risk of radon gas, however due to the resolution of the data used it cannot be fully relied upon to assess the risk at a property-specific level. The data used by Groundsure is far more detailed radon information than the information used in the Local Authority search which highlights the radon potential at the specific property and if any protection measures are required.

Radon is a colourless, odourless gas which has the potential to cause adverse health issues to those occupying the property.  It is the second biggest cause of lung cancer in the UK after smoking. 

As part of the Groundsure range of searches, you either can include a standalone Groundsure Radon Check. If a residential or commercial Groundsure environmental report is purchased radon will be included as standard.  

4. Groundsure Flood

Link: https://attendee.gotowebinar.com/recording/5113859780498471425

About:

Many environmental risks can affect your property which should be investigated fully ahead of exchange of contracts. 

To provide detailed due diligence and  protect the interests of both you and the lender on your proposed property purchase you should get an environmental search.  The Law Society Practice Notes state that in every transaction the issue of flood risk should be considered and further investigations undertaken if appropriate. 

As part of the Groundsure range of searches you can order a Groundsure Flood to identify whether there are any specific risks relating to the issues of contaminated land, flooding, ground stability and radon. Groundsure Flood will also include a screening on energy, transportation and planning. If a residential Homebuyers or Avista environmental report is purchased transportation will be included as standard.  

Flooding can occur from a variety of sources including surface water, and you don’t have to live near a watercourse to be affected. In England and Wales 5.9 million properties are at risk of flooding, with the average cost of flood damage being £28,000.  Home insurance in flood prone areas may be more difficult to obtain, however the introduction of Flood Re means affordable insurance should be obtainable through a registered insurer.  A Flood report will highlight the risks from river, coastal, surface water and groundwater flooding as well as any flood defences and historic flood events. 

5. Contaminated Land

Link: https://attendee.gotowebinar.com/recording/3510924659113088770

About:

Many environmental risks can affect your property which should be investigated fully ahead of exchange of contracts. 

To provide detailed due diligence and  protect the interests of both you and the lender on your proposed property purchase you should get an environmental search.

Our industrial heritage and the drive to build on brownfield (previously used) land has meant that increasing numbers of properties have been built on land that could be contaminated. This could affect the value of the property, could lead to adverse health issues and under current legislation you could be responsible for paying for the clean-up of that land. 

If the contaminated land results as Action Required, this does not indicate the purchase should not proceed. Further enquiries can be undertaken of the sellers and other parties to either amend the result, provide further information to make an informed decision or, if appropriate, consider obtaining environmental insurance. If a residential or commercial Groundsure environmental report is purchased contaminated land will be included as standard.  Specific recommendations can be found within the Groundsure report.

6. Groundsure GeoRisk/ GeoRisk +

Link: https://attendee.gotowebinar.com/recording/1869837584163960323

About:

Many geo-environmental risks can affect your property which should be investigated fully ahead of exchange of contracts. 

To provide detailed due diligence and protect the interests of both you and the lender on your proposed property purchase you should get a relevant search. Law Society guidance also states that a property should be searched to identify whether further investigation of site-specific ground instability risks is required. If risks are likely to occur, obtain a site specific report from a commercial search company. 

As part of the Groundsure range of searches you can order Groundsure GeoRisk/ GeoRisk + report to identify historic non-coal mining, ground stability issues, coal mining and the risk from former brine extraction in Cheshire. A GeoRisk report will highlight any natural and man-made subsidence risks to property. It will identify whether there are any specific risks relating to historical and other geological features.  In addition, it will identify any oil and gas extraction, natural instability, infilled land, and sinkholes in close proximity to the property. The report also utilises satellite monitoring to identify ‘real-world’ ground movement accurate to the millimetre. A GeoRisk + report will include everything that standard GeoRisk report has plus an integrated CON29M Official Coal Search and a Cheshire Salt Search where necessary.

Is your client planning to buy one? Do you know what the implications are for insurability or what really happens if their cliff-top garden collapses onto the promenade below? This and more was discussed in a tm:tv session on Coastal Hazards, as part of the Climate Change and the Property Market series; hosted by Martin Manning, Head of Account Management at tmgroup, and joined by Tom Backhouse, Geologist and CEO of Terrafirma, and Sean Reeves, Associate Solicitor and Head of Residential Conveyancing at Letchers Solicitors.

The damage and costs associated with coastal hazards are extreme 

Coastal hazard risks are largely overlooked by many parties across the property transaction, and there is currently no guidance in place to support solicitors in best practice, partly as they simply don’t affect as many properties as higher profile environmental risks such as flood and contaminated land. For example, there’s roughly 2 million properties affected by flood, compared to 625,000 deemed at risk of damage (or collapse) by coastal erosion over the next 80 years. 

Yet, whilst the number of affected properties are fewer, the risks are far greater, as there’s no escaping coastal erosion, as Tom Backhouse commented: “Many properties across the UK are at risk of flooding, yet there are measures that can be (and often are) put in place to significantly reduce the risk. Despite the best efforts of coastal defences and shoreline management plans, homes are still at risk from the inevitable march of rising sea levels, landslip and erosion. The other key difference is that there is also financial support available to support those living in high flood risk areas (for example, Flood Re). Whilst there are projects underway to help reduce the effects of coastal erosion, nothing is currently in place to financially support homeowners, leaving people with huge personal risk should the worst happen.” It's not just about the properties currently sitting on a cliff edge either, but also about those getting increasingly closer to the sea as erosion continues. 

Liability is a real “can of worms” and can leave homeowners significantly out of pocket

The sheer level damage isn’t the only concern as, with no clear guidance on liability, the results for homeowners can be catastrophic, as Sean Reeves commented: “I had a client in Eastbourne who suffered part of their garden falling off a cliff edge and onto the beach huts below. This immediately raised questions of who was liable and what financial support was available – particularly as they hadn’t even been aware the cliff was unstable. Unfortunately, many home insurance policies don’t cover coastal erosion and the situation culminated in my client being deemed personally liable for the damage to the promenade and beach huts below – and then received a further bill for £58,000 for work to try and stabilise the cliff edge again.” 

There just isn’t the support in place to consistently advise clients on these hazards

Despite these events making the headlines, and some coastal towns experiencing daily events of gardens disappearing into the sea, there just isn’t the support in the industry on these matters, and it is currently down to the best judgement of the solicitor managing the case, and even then any insight often falls on deaf ears, as Sean Reeves commented: “As much as I err on the side of caution on coastal erosion matters, I find that often homebuyers aren’t too interested as they have already fallen in love with the property and want to proceed regardless, and even when reporting to the lender, they simply aren’t set up to make use of this information, and often it passes back to me with a response such as “If you are happy to submit a clear certificate title, then please proceed”, and that’s the point I typically then push back to get a surveyor involved for a professional opinion for my own peace of mind.”

Lenders and insurers are already beginning to change their position on coastal hazards 

Why do things need to change? Coastal erosion is not a new risk, but it is becoming a more predominant issue with the current rate of climate change. For example, recent research from Terrafirma has shown that since 1900 around 3,000 properties were totally lost to the sea, however as climate change accelerates, in next 25 years, a further 6,000 properties are predicted to be lost. 

Change is afoot in the insurance community, as whilst they aren’t currently set up to underwrite properties affected by coastal hazards, there are already projects underway to help give homebuyers additional protection and support as the risk increases – similar to what we’ve seen with Flood Re in recent years. 

Lenders are also becoming increasingly aware of this too, as Tom Backhouse commented; “Coastal hazards have the potential to impact on value, insurability and future sale, so it comes as no real surprise that lenders are now being forced to look at their portfolios to understand risk of climate change, and this is going to prompt a sea change in how lenders view these properties, and cause some real problems for buyers and sellers, as well as their acting conveyancers, in the years ahead.“

Are you working with properties by the sea? Do you want to find out more? Take a look at the full tm:tv session on ‘Coastal Hazards: Is there still a market by the sea?” here. 

Did you know subsidence is the most costly ground hazard in the UK? Around 64 million pounds of subsidence claims were made in the last year – and it’s only going to get worse as climate change wreaks havoc in the hotter and drier summers ahead, yet the full extent of the risk isn’t widely understood.

That’s why, as part of our tm:tv series on climate change, in partnership with Terrafirma, Dr Tim Farewell – one of the UKs leading academics on geohazards and the interaction between the natural and built environment – shared the top 5 questions every legal professional and homeowner should ask to better understand the future of subsidence.  

1. Can the soil shrink as it dries?

Soil is complex, but one of the key questions we need to ask is “can it shrink?”. This is because the expansion and contraction of the soil, as it gets wet and dries out again, creates movement and inevitably damages brickwork. 

It’s not the only soil factor to consider – as sandy soil types can also cause problems (for example, a consistent dripping of water can lead to the formation of a hole beneath the property) – but, by mapping which parts of the UK have a prevalence of shrinkable soil types, it’s possible to build an accurate picture of the properties most likely to be affected by subsidence as the climate changes. 

2. How’s the weather? 

Brits love to talk about the weather! However, it’s more than just small talk when it comes to subsidence risks, as in areas with a prevalence of shrinkable soils, the increasing shift towards hotter and drier summers – brought on by climate change – is a big problem.

This is expected to cause the most disruption in the next 20 years, as the depth the soil will dry out to will increasingly align with the 2-metre depth of foundations. 

3. Are there trees nearby?

Trees are another risk factor in areas with a prevalence of shrinkable soil. 

Whilst nearby trees are unlikely to directly cause subsidence issues, their presence can accelerate damage by sucking additional moisture out of the soil and contributing the depth the soil dries out to. 

4. When was the house built? Is there an extension? 

Certain types of construction also make properties more vulnerable to subsidence. For example, older houses tend to have quite shallow foundations, whilst newer ones are regulated to be substantially deeper.  

This may not cause too much of problem for properties kept in their original condition, but the addition of a new extension could complicate things; as differing foundation depths could result in one part of the house moving more than the other, leading to cracking between the original house and the extension. 

5. Are you looking backwards AND forwards in time?

Typically, conveyancers look at historical data (such a coal mining sites and areas of contaminated land) to understand the ground and perform their due diligence against their clients’ intended purchases. 

However, as the climate changes, and the ground also changes in response, the industry needs to be increasingly looking forwards and modelling against the anticipated impact of subsidence, if we are to take a more consistent approach in advising clients on the risks of climate change, and the likelihood of them needing to make a subsidence claim in future. 

It’s not just about modelling either, it’s about taking steps to future proof against the anticipated risk. For example, moving towards a point where developers are building New Build properties with “green” foundations and less concrete to help mitigate the risk of subsidence in the longer term. 

Do you want to know more? Take a look at the subsidence session on tm:tv here.

As part of a tm:tv series on climate change, in partnership with Terrafirma, the ‘Mining our way to a greener future’ episode brought together an expert panel to discuss how the property industry need to start making changes today, to prepare for the sustainability challenges of tomorrow. 

Hosted by Martin Manning, Head of Account Management at tmgroup, the panel included:

• Kate Charrington, Chartered Residential Surveyor & Valuer

• Megan Jenkins, Professional Support Lawyer - Real Estate, Shakespeare Martineau

• Tom Backhouse, Geologist and CEO of Terrafirma

Whilst it was immediately clear this is a complex issue, with no magic wand, there are many changes the industry can collectively make to move things in the right direction. 

Here are just some of the suggestions…

#1: More lender guidance and data to help make informed decisions 

The property industry is currently lacking the clear guidance it needs for professionals to advise consistently on sustainability matters, as Martin Manning commented: “Right now, so much comes down to the best judgement of the surveyor and solicitor involved in the transaction. We simply don’t have the steer from the likes of RICS, The Bank of England, The Law Society, and so on, of what exactly needs to be looked at across the breadth of the transaction.”

This current lack of direction creates challenges, as Kate Charrington commented: “To complete a survey or valuation, surveyors look at lots of different things, including capital value and who the average market participant is, but they won’t look at sustainability issues, as there’s simply not enough data or lender guidance out there to help them make informed decisions. Moving forward, we need to be integrating more systems to see what the flood, green, and radon risks are (and more!). As it currently stands, the industry doesn’t have enough insight to make valuations based on sustainability matters, and therefore homeowners don’t see the value either.”

Solicitors are in the same boat, as Megan Jenkins commented: “Like surveyors, solicitors also rely on guidance from lenders and governing bodies to manage the risk of the transaction, and so if the lender hasn’t yet taken onboard the impact of sustainability on property value, this isn’t going to be feeding into conveyancing practices. Energy Performance Certificates (EPCs) are a great example of this, as we’ve had them available on every property since 2008, but not needed to report on them. However, there’s now a call for lenders to report on EPCs, and while it’s only in the consultation period, it’s clear to see how factoring poor EPC ratings into lending risk assessments could help to reshape the conversation on sustainability and give solicitors and surveyors some much-needed guidance.” 

#2: Homebuyers need to be investing in sustainability measures in the same way as they currently think about adding an extension or downstairs toilet 

All homeowners know that if they want to increase the value of their property, they can look at making home improvements such as adding an extension, new driveway or downstairs toilet, but this narrative needs to change, as Martin Manning said: “I think we need to see more drive both from lenders and the media to make it clear to homeowners that they should expect a return on investment with sustainability measures too. We also need to start talking about how properties will be LESS valuable in the future without a ground source heat pump (for example), as changing the language we use can be very powerful.”

Such messages could be reinforced by the introduction of new incentive schemes or taxation measures, pushing the general public to make greener choices (similar to what we’ve seen more recently with car taxation). However, more needs to be done to make sure such schemes actually make a difference, as Kate Charrington added: “We regularly see new incentives pop up in the market, but they often don’t have the desired impact – especially in cases where the maths just doesn’t add up. When you only have a £5k grant for a £15k ground heating pump, it’s not surprising many homeowners choose to spend their money elsewhere.” 

Such negative experiences create additional barriers in moving towards a more sustainable future as well, as people are less likely to take up new initiatives if they’ve been “burnt” before – particularly when you think of the less scrupulous businesses that benefitted from the rollout of solar panels in recent years. 

#3: Everyone needs to better understand the implications of increased mining activity in the UK 

The mining of additional minerals in the UK is really important for the long term sustainability of our shores, but more education is needed to help homeowners and property professionals alike better understand this, as Tom Backhouse commented: “The challenge we have with mining is that living memory is all coal-related mining, as it was a massive industry and supported livelihoods across the UK. But this conversation needs to change. As we move towards a future of electric vehicles, more copper and critical minerals need to be extracted from the earth than have ever been mined in human history. Whilst a lot of this activity is taking place offshore, there’s a renewed interest in mining across the UK (for example, looking at mining parts of Cornwall for tin and lithium) in order to make us more resilient in mining commodities and meet the needs we will have in developing electric vehicles and solar farms, etc… We’re at a point where we should be reconsidering our day-to-day work processes within the scope of the property transaction to help the country prepare for a greener future, as well as better understand the impact increased mining activity will have on the value of nearby properties.”

…And that’s just the tip of the iceberg! Watch the full ‘Mining our way to a greener future’ tm:tv session for more on how the property industry can become sustainable. 

On 1st October, Landmark are re-launching their SiteSolutions Combined report, as well as making some price changes to their commercial reports.

Landmark have also announced new coal reports COMING SOON to tmconvey.

RE-LAUNCHED SiteSolutions Combined

The SiteSolutions Combined commercial due diligence report will be relaunched on 1st October, following feedback from the majority of the top 50 law firms in the UK. 

While continuing to be the only report in the market offering a fully manual contaminated land assessment and fully manual flood risk assessment, a number of key improvements have been made to support ease and speed of use, including: 

> Colour coded front page and report sections

> Clear flags for Permits and Environmental Hazards

> Clear navigation to key sections 

> NEW hyperlinks 

> Front page consultant contact  

Additional benefits include: 

> Assessment accuracy – Every report is written and quality assessed by an expert consultant

> Reliability – Intelligent risk assessment informed by CIE compliant data and mapping

> Advice – Bespoke recommendations tailored to your transaction

> Support – Report author contact details on front page of every report

Click here to see a sample report

Price changes

Here is a summary of the price changes – coming into effect on 1st October:

COMING SOON: Landmark Coal and Landmark CON29M

Landmark have also recently announced their new coal mining report for residential property due diligence across the UK (Landmark Coal), as well as their new, approved and accredited official CON29M report (Landmark CON29M) – COMING SOON to tmconvey.

If you have any questions, please get in touch with your tm Account Manager.

Landmark’s flagship flood report with qualified Flood Risk Consultant assesses every high-risk Landmark Flood report

In January 2020, Landmark’s flagship residential flood report, Homecheck Flood, is being relaunched as Landmark Flood. Landmark has been looking for ways to make it easier for conveyancers to provide a complete service for their clients.

Flood risk can be a difficult and complex topic for you to support a home buyer on. A Further Action result can lead to delays in the transaction, as clients struggle to understand the risk they may be taking on. Landmark Flood ensures more Passed reports as their Consultancy team assess every high risk. The Insurability section also provides guidance on determining whether the property is likely to be insurable and affordable. With current environmental concerns, this will enable you to give your clients clear guidance backed up with solid data.

Long term flood risk is a major concern for homebuyers

There are two important elements when it comes to flood risk. The first, and most important, is whether the property is likely to be insurable. The second, more emotive element, is the risk of flooding at the property. While insurance may be available, this does not stop the emotional impact and disruption of a flood event for the homeowner. It makes a huge difference whether the cost of relocation and repairing the property and contents are covered, but flood events can still be devastating for the occupants. 

Every Landmark Flood report gives a professional opinion

A qualified Flood Risk Consultant assesses every high-risk Landmark Flood report. Rather than relying on data alone to inform whether a report has a Further Action outcome, their in-house Consultants assess each high-risk property and make an informed judgment. This reduces the number of false positives that are flagged and means more Passed reports. It gives you peace of mind, knowing the advice you give your clients is backed up by the opinion of a professional.

Relying on an automated report can sometimes lead to delayed transactions. This is due to data having the potential to flag issues at a property that may not truly representative of the overall risk.

Landmark’s Consultancy team have extensive experience in providing pragmatic flood risk assessments and spotting false positives in data. For example, where areas of high risk are confined to low points and aren’t likely to reach the house, or where the resolution of the data is over exaggerating the risk. 

Importantly, their Consultancy team are also on hand to support wherever a true high risk remains.  The team can support your client by explaining the outcome and suggesting the best next steps, meaning a quicker resolution and a smoother transaction.

Landmark Flood delivers all the information conveyancers need

Landmark Flood includes: 

•Consultant assessment on all high-risk sites

•Increased Pass results

•Unique, digital online viewer for on and offsite flooding risk

•Insurability section

•Clear next steps

•Consideration of all key sources of flooding

To find out more about Landmark Flood, please contact your Account Manager

With the government aiming to build hundreds of thousands of new homes over the next few years, the current planning trend is not sustainable. The creation of new garden towns and villages offers an attractive option for some of the housing needed, with strong infrastructure provided alongside new homes, meaning less travel and less congestion in nearby towns. 

The current system

Piecemeal planning consents mean that many current new build homes are tacked on to the edges of existing towns and villages. Builders include a minimal amount of infrastructure in their plans, simply relying on that which is already in place. As communities sprawl outwards, those in the new homes need to make car journeys into the town centre to access amenities such as health care, schools and shops, adding to congestion and parking problems.

The town or village residents are opposed to the new development, which takes away the nearby areas of countryside that they value and overburdens the historic centre. New build therefore gains a reputation for ruining traditional communities.

Landowners cash in on owning land around settlements, knowing that theirs is the next property that builders will be able to obtain planning permission for, raising prices. Builders, having paid a high price for the land, squeeze in as many homes as they can, minimising outside space and creating houses with unattractive proportions and tiny gardens.

The garden community solution

What people really want, when buying a new home, is a decent and affordable property, in a strong community with local facilities and a good school. Garden towns could provide this, with small commercial units provided alongside living accommodation. The modest unit size would allow for easy change of use, from retail to office to café, as well as meaning a low rental cost and minimal, if any, business rates.

What constitutes a garden community?

The government defines a garden community as having the following characteristics:

• A new, purpose-built settlement or large extension to an existing town
• A community with a clear identity and attractive environment;
• A mix of homes, to include affordable and self-build

The stated aims include;

• Job opportunities;
• Green space and public areas;
• Provision of roads, buses and cycle routes;
• Provision of schools, community and health centres;
• Long-term stewardship of community assets.

Advantages of garden community living

Done properly, the garden community provides a vibrant, mixed-use environment with an attractive and functioning centre, public areas and the capacity for future growth. It should also be self-sustaining, meeting many of the residents’ needs locally, including schooling, health care, shopping and dining. 

Travel should be possible by walking, cycling, rapid transit or park and ride, thereby cutting congestion. By situating the new community away from existing towns and villages, not only is traffic to those centres kept at a manageable level, but the countryside surrounding them is maintained and the historic nature of older settlements preserved.

While residents of garden communities will still travel to large shopping centres and leisure facilities, the daily journeys to work, school and local shops can be made without adding to traffic problems in existing towns. This will offer a better quality of life for residents than those living on housing estates on the outskirts of busy towns, where traffic to the centre is increasingly slow.

By including smaller units for retail and other commercial use, the community will be assured a variety of independent shops, cafés etc. as well as offices and creative work spaces.

Policy needs

Much national policy is now in place. My Garden Village proposals were adopted by Government in 2016, the New Towns Act updated in the following two years, and further supportive updates to the National Planning Policy Framework just this year. 

For the country to benefit from new garden towns and villages, as well as protecting existing historic communities, best practice is Local Authorities working to put local plan policy in place to set out the key criteria they will require to support new settlements around placemaking, community infrastructure, and mixed use. 

Often, landowners will willingly cooperate, but need to understand that land value needs to reflect the need for this placemaking investment – on land that otherwise only has agricultural value. But where landowners won’t accept this, they need to bear in mind that the updated New Towns Act has made it quicker and easier for Local Authorities to acquire agricultural land at existing use value for larger new settlement proposals. 

Either way (and working with land owners is likely to be preferred in most cases),  the key is that this is land otherwise holding only agricultural value as it is not on the edge of town – and capturing part of the value uplift of development permission to create the needed infrastructure and community place making of a 21st century market town or village is the ‘price’ of the right to build these homes. So Local Authorities need to make it clear that planning consents will only be granted if the community needs are met within the proposals. 

Large scale strategic planning will be needed to put together a garden community proposition. The authorities should consider proactively seeking out suitable land, and landowners and communitiers need to know this scale of proposal will only happen with the right infrastructure and great placemaking – that’s the difference this approach brings.

Government support

The government’s second “Garden Communities” prospectus, published in August 2018, expresses clear expectations of quality, following the Garden City principle. Funding of £2.85 million has been put aside to support the development of 19 new garden villages, creating 73,554 homes. In February of this year, £9 million was put towards existing garden community projects, to try and speed up planning work. The following month, the government announced £3.7 million towards five new garden towns set to provide 64,000 homes, with the funding going towards planning consent work, specialist surveys and less profitable parts of the infrastructure build. In total 43 new Garden Towns and Villages have now got official government support since the policy was adopted in 2016 – to deliver more than three quarters of a million new homes. Many more are under consideration.

In summary

The garden community is just one part of the new build policy that the country needs in order to have enough housing stock for the future. Alongside it, we also need urban regeneration and carefully controlled urban expansion, with sufficient facilities to prevent them becoming simply dormitory extensions.

The creation of new settlements offers a good quality solution for the future. They will offer larger, affordable, pleasant homes with good-sized gardens and an attractive environment combined with a sustainable, economically vibrant town or village centre. When the land has been acquired at low cost, there is more scope to include a variety of premises for small entrepreneurs to open the local shops, cafés and pubs that make historic communities so sought after. The inclusion of basic units will encourage local workers such as plumbers, electricians and accountants to open there, bringing more services and helping the town or village become more self-sustaining. 

If Local Authorities can learn how to support the planning of these new garden communities, they will be able to provide the homes that people really want.

With thanks to Lord Taylor of Goss Moor

Terrafirma’s updated Ground Report – Coming 1st October

Terrafirma’s updated Ground Report will be available to order on tmconvey from October 1st. Pricing remains unchanged.

This will be the first domestic search product to give an accurate prediction of properties which are likely to suffer clay-related shrink-swell movements or be affected by nearby tree roots – including an insight into the possible long-term effects of a changing climate on subsidence risk.

Sample report: Click here to see a sample report

About the report

The updated Ground Report includes a simple-to-understand guide to the potential amount of ground movement and the zone of influence of large trees, providing clear guidance on the scope of building surveys and subsidence insurance for affected properties.  

It includes:

·An additional clay subsidence summary on the front page, highlighting recommended actions for the purchaser.

·Terrafirma’s unique sinkhole alert now forms part of the front-page location map, highlighting recorded collapses near to the purchasers’ property.

·A revised Natural Ground Perils module which identifies the likely risks from slope movement as well as any mapped landslide areas.

· A new comprehensive Clay Subsidence module.

Pricing: Unchanged at £50+ VAT

If you have any questions, please get in touch with your Account Manager or our friendly Helpdesk team on 0800 840 5571 or helpdesk@tmgroup.co.uk

Groundsure’s Mine Entry Report (MER) will be available to order on tmconvey from September 6th.

This is a follow-up report to the Groundsure CON29M Official Coal Mining Search:  where mine entries (shafts and adits) are identified within 20m of a property, the CON29M recommends that they are investigated further through this interpretative report.

Sample report: Click here to see a sample report 

About the report

The MER provides an assessment of the ground movement risk associated with mine entries, provided by an experienced and qualified consultant from Mining Searches UK using a variety of data sources. 

It includes:

• A clear statement of risk associated with mine entries within 20m of the property 
• Further details provided on each mine entry
• The calculated impacted area - the zone of influence - for each mine entry 
• Where appropriate, connecting underground roadways are included
• An OS MasterMap site plan displaying the zone of influence of each mine entry 
• Guidance on next steps in the event of subsidence damage  

Pricing

If you have any questions, please get in touch with your Account Manager or our friendly Helpdesk team on 0800 840 5571 or helpdesk@tmgroup.co.uk 

tmgroup spoke to Paul Addison, Managing Director of DevAssist about Strategic Housing Land Availability Assessments (SHLAAs), and how understanding where there is development potential is just as critical as advising clients on current planning applications.

Nearly ⅓ of properties have a high risk of development in their proximity

I think the first thing you really need to know is that nearly ⅓ of the property purchases you are consulting on, have a high risk of development in their proximity. Furthermore, this risk is not always made clear, so if this risk is unknown to the client at the point of purchase, are you responsible? 

You could well be. In an economic climate where we are all increasingly risk averse, a risk of unforeseen development for your clients is a risk to you. Claims against Professional Indemnity are one of the most common contributory factors to solicitors going out of business. 

‘95% of homebuyers are concerned about unforeseen development in their neighbourhood.’ (Institute of Economic Affairs)

Purchasing a property, only to discover too late that there is a significant risk of development nearby, can and does result in clients taking legal action against their solicitors. Unfortunately, we’ve only seen the rate of these claims increasing. Clients are placing responsibility for interpreting planning data, with their conveyancer. The landmark case which really shifted the perspective across the whole industry was the Bird & Bird case in back in 2014. 

Law firm Bird & Bird had been instructed to purchase a high value property in North London. However, they had failed to disclose to the client that a planning report had contained information regarding a substantial development planned nearby. The client did not learn of this development until after the contract had been signed and deposit to the vendor paid. Upon discovery, they pulled out of the sale and took Bird & Bird to court to recoup costs invested so far. Ironically, the development was nearby but would not have adversely affected their property. In court, Bird & Bird took the stance that they were not under any duty to provide the report. Regrettably, having felt they had followed protocol correctly, the judge took the side of the client. Bird & Bird lost the case and were ordered to pay £1.8m in damages plus interest.

So how do you protect your firm and your reputation?

My advice to conveyancers is always the same. You need to be accessing all the data available to you and not relying on planning data reports alone. Strategic Housing Land Availability Assessments (SHLAAs) are a land viability exercise undertaken by local councils. This assessment of land availability identifies a future supply of land which is suitable, available and achievable for housing and economic development uses. This is an activity taking place in all of our local neighbourhoods with a real risk of impacting us all, but so little attention is paid to them. This is of course great news for developers, but worrying for homeowners. For those that aren’t yet in the know; 

The assessment will:

• identify sites and broad locations with potential for development;

• assess their development potential;

• assess their suitability for development and the likelihood of development coming forward (the availability and achievability).

How does this affect you and your clients? 

Sites that have undergone this assessment are significantly more likely to be approved for planning permission. However, here’s the real catch, SHLAA’s are not reported in standard searches or planning data. If your firm only commissions the basic searches, you will be missing vital information regarding potential development. 

In addition to this, the planning data you receive is usually provided as raw data. This makes the data complex to interpret and in my experience, doesn’t give you the full picture. 

Important development insight is contained in the planning data but often, any risks of development to the property you are interested in, are not easily identified. This is due to the geo-coding of the data, making the proximity of planned developments to the property of interest, unclear.  It is often the case that planning data will identify a development proposal in the neighbourhood, but mislead you about how near that development is to a subject property. On a planned development of 2,000 homes, the geo-coding could be set to any point on that large acreage – likely some distance from the property you’re looking at. When in reality, the development is going to extend as far as the bottom of your client’s garden. 

The only way to extract the real risk of, or proposed development and its proximity to a property, is to assess the planning data alongside the SHLAA research. 

How likely is it that your clients will be affected by unforeseen development? 

Very. Particularly in the ever-shifting and evolving urban environments. Our research indicates that purchasers and investors have a 20% chance of experiencing major or significant change in London. In Manchester, this rises to 42%. We can’t always avoid development or the risk of it, but we can be better informed. 

Rooms without a view

Just last month in Folkestone, we were commissioned to deliver a report on a subject property which enjoyed uninterrupted sea views. The apartment was to be a retirement home and the views were the primary attraction for the buyer. We identified two high risk development proposals, just metres from the property. One of these proposals had already received planning permission. The approved development was for a large modern apartment block that would obstruct the sea views entirely from the property - see image below. 

These developments were not picked up in the standard conveyancing searches that had already been undertaken.

It’s not just the sea views under threat of course. We recently delivered a report for clients in Warrington. The property was a country cottage that boasted enviable rural views and a quiet location.

Our report ascertained that there was a real risk of development in the immediate vicinity of the property. Our report identified that the area as a whole has been considered for Garden City Suburb development and that one site, bordering the subject property had already been promoted through the SHLAA process. This insight wouldn’t have been exposed in standard conveyancing searches and was critical to the client’s decision on whether to proceed with the purchase.

Be informed 

I feel passionately that you can only take responsibility for the information, if you have the full picture. If your searches do not contain SHLAA data, you are missing a vital piece of the puzzle. This omission of data has been a source of huge frustration for me over the years and hence the establishment of my own company in this field. 

Discovering unforeseen development is not a rarity either. You and your clients will be impacted by development, as we are a small island in dire need of more housing! However, we can be more informed about our changing neighbourhoods, and in turn make more informed decisions when it comes to buying properties.

For more information about DevAssist, visit www.devassist.co.uk or get in touch with your tmgroup Account Manager.