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Evolution
The Changing Face of Environmental Risk Management
September 2007
Paul Livett, Managing Director, and Dan Montagnani, Environmental Consultancy Director of GroundSure look into the reasons behind the increasing importance of environmental risk management in the property sector, and demonstrate the UK's largest banks are incorporating historical mapping services into their commercial property lending systems.
The contaminated land industry in the UK continues to evolve at pace. Brownfield regeneration targets, furore over Soil Guideline Values, test legal cases surrounding statutory liability and the next set of guidance and regulations makes for lively debate.

The industry is now relatively evolved in comparison to many other areas of environmental management and in terms of property transactions the term environmental risk is synonymous with contaminated land. The Environmental Protection Act 1990 and the Environment Act 1995 set about formalising contaminated land issues and pushing them up the corporate agenda. More recently the tangible bottom line impact that costs associated with this can have for an organisation or even an individual, have further galvanized the mind. As with any topical risk area the perception of risk, rather than a material issue, can be sufficient to impact on a sale price or value and hence affect a transaction.

Another important factor in the evolution of the subject area has been the acknowledgement in wider property circles that non-environmental professionals involved in a transaction need to be informed on these matters rather than take the "see no evil, hear no evil, speak no evil" approach. Both the Law Society and the Royal Institution of Chartered Surveyors advise their members to comment on contaminated land in the course of their conveyancing and valuation procedures, respectively. Contaminated land has gone from being exclusively a specialist area to one requiring consideration in a day to day business context.

In the same way that novel remedial technologies are continually being applied at one end of the spectrum in order to meet the requirements set by new legislation and associated increased costs, novel technologies are also driving forward the front end of the industry where thousands of reports are commissioned daily for both residential and commercial property transactions.

Obtaining reliable professional opinion in a cost effective and timely fashion is, therefore, the order of the day.

The front end of the market has therefore seen a proliferation in desk based risk assessment reports that provide a robust risk screening mechanism enabling rapid identification of sites with potential issues. The significance of the identified risks and / or the means by which to address these, keys into the traditional Phase 1 / 2 / 3 approach (assessment / investigation / remediation). However, early knowledge that this type of work may be required is invaluable in timely commercial decision making.

Ten years ago a purchaser, his agent or adviser may have had to make a judgement call on whether or not to engage Environmental Consultants to commence a Phase 1 report and invest a not insignificant amount of time and money in the process. Deciding whether or not to commission a report was in effect the first part of the risk assessment process. Commissioning a report unnecessarily was obviously commercially undesirable whilst not commissioning a report when one was appropriate, was clearly a failure in the risk management process. The market has therefore changed from being reactive to proactive and in so doing improving the way environmental risk is provisioned for.

A particular area where this has proved significant is the debt finance sector. Whilst banks have the option to look at risk in a different context to their customers and may elect to take a portfolio or commercial view in certain circumstances, compliance issues such as the Equator Principals and Basel II require adequate provisions with regard to environmental risk in the greater property credit risk process.

Fast and cost effective desk based risk assessment products would therefore appear to fit the bill very well with regard to this. Whilst this is true, products and services of variable quality, not to mention variable reliance in terms of Professional Indemnity Insurance, has led to scepticism in some quarters in particular with regard to the potential for issues raised unnecessarily, representing obstructions to the day to day business of the bank.

This is where GroundSure has redefined the process. GroundSure is the only company in the UK to provide combined environmental data management and an environmental risk consultancy service.

The advantages of this approach are many. GroundSure has 250 GIS specialists that have been scanning and digitising every available UK historical Ordnance Survey map to the highest ever resolutions using the latest technologies. Edge matching, geo-rectification, automatic date recognition and the digital capture of maps at 100% resolution, not to mention the scale of such a task and the robust QA process required, represents a project of immense scale. Digitisation comprises the geo-positioning and capture of every single polygon area of potential land use of concern. GroundSure has subsequently risk ranked over 16,000 different types of digitised features of concern which has resulted in the development on a unique Historical Land-use Database (HLD) of un-paralleled quality.

The GroundSure HLD drives the risk algorithms developed for various environmental risk screening products providing advanced capability to risk rank any property in the UK in seconds.

The resolution and quality of the data derived by GroundSure has been instrumental in the adoption of our reports by major lenders in the UK. No other provider has access to this level of quality of data and therefore there is a distinct market differentiation. The accuracy we are able to deliver means we do not unnecessarily identify sites as high risk, yet at the same time there is greater confidence in ultimate outcome.

Valuers order our reports direct through a web portal negating the requirements for the bank to be involved at the outset. Should significant environmental risks be identified then we are able to discuss the various options with the valuer, lending team and the bank's customer. In addition to providing the best environmental risk screening tools in the UK our consultants understand intimately the requirements of funders with regard to environmental risk and frequently advise on commercial as well as more traditional technical solutions.

Evidently the use and development of advanced technology in the environmental risk and contaminated land sector applies equally to the business front end in day to day transactions and debt finance arrangements as it does to remediation and clean-up.

For more information please contact GroundSure on 01273 819500 or email info@groundsure.com
   
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