The Coal Authority
Services

Skip navigation

You are here: Home > Services > Planning and Local Authority Liaison > Terms and Conditions for the Planning and Development Search Service

Terms and Conditions for the Planning and Development Search Service

Full Terms and Conditions for the provision of information and reports relating to the Planning and Development Search Service - October 2008:


These Terms and Conditions apply to the use of this website and any reports provided in association with the service. By accessing this Website you agree to be bound by the Terms and Conditions set out below, if you do not agree to be bound by these Terms and Conditions you may not use or access this Website.

General:


1. Access

You are provided with access to this Website in accordance with these Terms and Conditions. Any person printing or downloading information from this website will not:

- remove, obliterate or alter any trade mark or any copyright or other proprietary notice which is contained in the information.
- reformat or otherwise change the information.

2. Our rights

We reserve the right to:
Modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
Change the Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website.

3. Payment

Any prices are inclusive of VAT at the current rates.
The Coal Authority ("the Authority") cannot guarantee to cancel a search once a request has been made, even if the request is a duplicate. No refund or transfer of fee (or part thereof) will be made once a search has been logged onto the Authority's computer system.

4. Compliance with laws

The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

5. Any Development Stability Report ("Reports") will be provided subject to these terms and conditions and in accordance with the duties of the Authority under the Coal Industry Act 1994. Reports will be based on, and limited to, records in the possession of the Authority, and the Cheshire Brine Subsidence Compensation Board's ("the Brine Board") records, and the British Geological Survey (BGS), at the time the search is answered. The records available to the Authority, the Brine Board and BGS are constantly updated and added to the relevant computer database. The Authority will make use of the most up to date records held and made available to it by the Brine Board and BGS at the time of giving the Report. However, no warranty is given or representation made that such records will not become obsolete or incorrect over any period of time. The Report will be given in the belief that it is in accordance with the information available to the Authority at the time of giving the Report but on the distinct understanding that the Authority, or the Brine Board, or BGS, is not legally responsible for them except for negligence.

6. It is the responsibility of the person by or for whom a Report is requested to specify the property for which a Report is required and to make clear the full extent of the property boundary i.e. buildings and associated land.

7. The Coal Authority, Brine Board and BGS own copyright in the Report. The information used to write the Report is protected by the Authority and the Brine Board's and BGS's database rights. All rights are reserved and unauthorised use is prohibited. Copyright and other Intellectual Property is not transferred to external parties by possession of a Report; however, recipients of a Report can use it for their own purposes.

Coal Authority Records:


8. The records in the possession of the Authority are derived from a number of sources and are of various ages, scales, condition, etc. As a consequence information sourced from such records is of variable reliability. Additionally, in any particular area there may be information held by others as to historical coal (and other) mining which is not also in the possession of the Authority. In the circumstances the Authority are unable to give any warranty and make no representation that the information comprised in the records in its possession is complete, accurate, exhaustive or reliable.

9. Plans of abandoned coal mines, the coal holdings register and licence register can be viewed at the Authority's Mining Records Office, by prior appointment. Separate terms and conditions and charges apply. These are available on www.coal.gov.uk or by telephoning 01623 637 233

10. Some records are derived from licensed operators whose plans for current and future coal mining may change at any time. They are required by section 58 of the Coal Industry Act 1994 to exercise all due diligence to secure the provision of full and accurate information to the Authority in accordance with the provisions of the licences which they hold.

11. In certain instances (usually relating to older records in the custody of the Authority) it has been necessary for the Authority to make assumptions as to the most probable ('best plot') positions of mine entries, the depth, date and extent of coal workings, the number and inclination of seams and the nature of the mineral worked, e.g. in certain areas records attribute more than one name to a single seam.

12. In reporting whether or not a property lies within a former opencast site from which coal had been extracted by opencast methods, depending on the age and source of information available to the Authority, the opencast site boundary may be limited to the specific area where coal was believed to have been extracted and not to the overall site boundary or excavation area.

Cheshire Brine Board Records:

13. The Brine Board is constituted and operates under the provisions of the Cheshire Brine Pumping (Compensation for Subsidence) Acts 1952 and 1964. This legislation defines the Cheshire Brine Subsidence Compensation District.

14. The main duties of the Brine Board are to make compensation for specified categories of damage to land and buildings caused by subsidence due to brine pumping, and to give advice to the Planning Authorities in connection with any new build development proposals on land which may be affected by subsidence caused by brine pumping.

15. The Brine Board has no liability for damage resulting from the collapse of current or abandoned salt mine workings or associated shafts or other entrances to underground salt workings.

16. The Report is based on and limited to the records of the Brine Board as provided to the Authority at the time the search is answered. Arrangements are in place between the Authority and Brine Board to ensure that this information is up-to-date. The Report is concerned with:

  • Whether the property is situated within the Compensation District;
  • Whether the property is within a Consultation Area prescribed by the Brine Board under the provisions of section 38(1) of the 1952 Act;
  • Whether a Notice of Damage has been filed in respect of the property and, if so, whether the claim was accepted and, if so, how the claim was discharged;
  • Whether claims in respect of the property have been commuted by a once and for all payment of compensation;
  • Whether the compensation provisions of the 1952 and 1964 Acts would apply should the property be affected at some future date by subsidence due to brine pumping.

17. Claims made under the Cheshire Brine Pumping (Compensation for Subsidence) Acts 1952 and 1964 are property specific. Consequently, where a property the subject of a claim under these Acts is subsequently demolished, the remaining land and/or any subsequent built property will not be deemed to have the original Notice of Damage filed against it, and the response in the report will reflect this position.

18. The report will not reveal the proximity in relation to the property of current or abandoned shafts, wells, boreholes or other entrances to salt workings, used in connection with brine pumping or current or abandoned salt mine workings and associated shafts and no comment will be made regarding the likelihood of the property being affected by such works for which the Brine Board has no responsibility. The enquirer may need to make separate enquiries regarding such matters to the appropriate sources of information in certain areas where these are known to exist or have been worked. For the avoidance of doubt, the responsibilities and information held by the Brine Board does not extend to the working of salt and/or brine in Droitwich, Manchester or any other area outside the defined Compensation District.

19. The Brine Board is not connected with the industry of salt extraction and cannot therefore supply details of current natural or controlled brine pumping activities or any proposals for the future development. If this information is required it is suggested that an enquiry be directed to the operator or reference made to the Cheshire County Minerals Plans prepared by the Cheshire County Council Planning Department or successor public authorities with the same powers.


BGS Data:

20. The BGS was formed in 1835 and holds geological information in many forms: as maps, borehole records, rock samples and databases of the chemical, physical and geotechnical properties of the geological materials that make up the natural ground conditions and landform of Great Britain. The information in the Report from BGS is based on, and limited to, their own expert interpretation of the geological data that they hold.

21. The Report is concerned with potential ground instability related to natural geological conditions only. This includes shrinkable clay, running sand, compressible deposits, collapsible deposits, natural landslide activity and soluble rocks. The information from BGS set out in the Report does not cover any man-made hazards, such as contaminated land or mining. The information from the Authority reports on coal mining activity.

22. The Report is based on and limited to an interpretation of the records in the possession of BGS and as provided to the Authority at the time the search is answered. This coal mining development information search uses the BGS GeoSure database which is based on 1:50,000 scale digital geological mapping. The answers given should only be treated as indicative for the property and its surrounding area.

23. Other more specific and detailed information may be held by BGS for the site and an assessment of this could result in a modified assessment of ground stability potential. This more detailed assessment is available via the BGS website at www.bgs.ac.uk.

24. The BGS information in the Report is carried out for a rectangle or circle centred on the digitised boundary of the property covering the extent of the digitised boundary and including a 50 metre zone around it, which takes into account the accuracy of the geological hazards data reported.


25. An indication of natural ground instability does not necessarily mean that the subject property will be affected by subsidence. Such an assessment can only be made by inspection of the property itself by a qualified professional. This will take into account a variety of contributing factors, such as property type and build quality, and nearby vegetation, in particular, trees.

Title Deeds, Mining Leases, Severance Instruments and Agreements:


26. Reports will not refer to or deal with rights under title deeds nor the existence (or the relevance to any claim affecting the property) of coal mining leases, instruments of severance or agreements with licensed operators, the Authority, British Coal Corporation, National Coal Board or the Coal Commission which may provide the basis of an alternative entitlement to compensation or repair or otherwise affect the position of enquirers.


Other Minerals:


27. Reports relate only to coal and minerals worked in association with coal and to the occurrence of claims for damage as a result of brine pumping. The presence of workings of other minerals will not necessarily be disclosed. The enquirer may need to make separate enquiries - with BGS for example (www.bgs.ac.uk) - regarding other minerals to the appropriate sources of information in certain areas where these other minerals are known to exist or have been worked.


Liability:

28. With regard to liability for negligence, any service related error or error in the coal mining information replies contained in the Report is the responsibility and liability of the Authority. Any error in the natural subsidence hazard information contained in the report is the responsibility of the BGS. Any error on the brine subsidence claim information replies contained in the report is the responsibility of the Cheshire Brine Subsidence Compensation Board.


29. Any liability of the Authority and/or the BGS and/or the Brine Board for negligence in giving Reports shall be for the benefit of the person commissioning the Report only.


30. There is no time protection afforded to the Report. Whether a person can rely on a past report of a particular property or site (whether purchased by that same person or another) depends upon all the circumstances of the case including how recently it was purchased, its contents, the nature of the property and the persons intentions in relation to it (including development). Licensed operators plans for mining may change as may other relevant information available to the Authority, BGS and the Brine Board. If there is any doubt as to whether a previous Report remains valid a new Report should be purchased. Without prejudice to the generality of the foregoing, any Report must not be relied upon in any event in excess of 90 days from its date of issue and must thereafter be verified as still being up-to-date, either by ordering a fresh Report or by using any available update service provided by the Authority, BGS and Brine Board.


31. The Authority, BGS or the Brine Board shall be deemed not to know the purpose for which Reports are required even if such purpose is made known to them. Neither the Authority, BGS or the Brine Board makes any warranties or representations as to either the suitability of land/property for any particular use or purpose or its value, and shall not in any circumstances be liable for any loss or damage at all arising from reliance on Reports in relation to these matters.
Shafts and Adits (mine entries)


32. Shafts are vertical or near vertical entrances sunk from the surface to access underground mine workings, Adits are entrances driven from the surface to access underground mine workings. Adits may be horizontal, or slope upwards or downwards. Shafts and adits are collectively referred to as "mine entries".


33. Information in the Report relating to mine entries (within 20 metres of the boundary of the property) will be prepared only from the records in the possession of the Authority. These records may not be complete. Given the indeterminate accuracy of many of the source records, the Authority is unable to take account of and reflect in the Reports any possible difference between the actual and plotted position of a mine entry or its likely size or depth. The approximate location of any reported mine entries will be identified on a plan within the body of the Report. To aid clarity the mine entry symbols will not necessarily be shown to the same scale as the plan. Distances are measured from the estimated centre of the shaft or centre point of an adit entrance.


34. With effect from 31st October 1994 British Coal's interests in unworked coal and coal mines became vested in the Authority. In most cases (but not all) any mine entries will be owned by the Authority and not the adjacent land owner.
Shallow Coal Workings


35. Where coal workings are reported as having occurred at shallow depth the Authority is unable to confirm that ground movement should have stopped by now. Likewise, where the Authority give an indication of the likely existence of unrecorded coal workings (reported as and where coal is believed to lie at or close to the surface), future ground movement may still subsequently occur.


Coal Mining Geology:

36. No comment is made in the Report about the existence of conjectured surface fault positions shown on geological maps (published by BGS) which are not known to the Authority to have affected the stability of the property as a result of coal mining activities.


Miscellaneous:

37. During the production of Reports by the Authority, the address (but not the boundary) of the subject property as provided by the enquirer may be corrected to match the Royal Mail's Address File (PAF). The Authority also reserve the right to add the address details to a database and have the right to make such use of that data at its discretion.


Plans:

38. The Authority provides with each Report a plan of the boundaries of the property in respect of which the Report has been prepared. The recipient of the Report ("User") must take all reasonable steps to check that the details in the Order are correct, e.g. the report title etc., and that the Report provided by the Authority has been prepared for the correct location and property type, and that the boundaries of the subject property or site as shown in the Report's plan correspond with those of the actual subject property or site.
Any discrepancies between the Order and the Report must be notified to the Authority within 28 days after the issue date of the Report and the following procedure will apply:

  • In the case of error by the Authority we will issue a revised Report free of charge.
  • In the case of an error made by the Customer or User, a new Report will need to be ordered with payment of the appropriate fee.
  • In the case of errors or discrepancies raised after 28 days (regardless of the Authority or Customer/User error) a new Report will need to be ordered with payment of the appropriate fee.

39. The property will be located with reference to Ordnance Survey (OS) digital publications. The Authority cannot and does not warrant that the OS information is up-to-date, complete or accurate and accepts no liability for the plotted position of property as shown on published OS maps.


40. Information supplied in plan form within the body of the Report should not be enlarged to any greater scale than that at which it is originally supplied or accuracy will be affected.
Mining Surveys and Site Investigations


41. The Report is not a substitute for site investigation or a mining survey. Enquirers will have to assess whether a site investigation or mining survey is required having regard (amongst other relevant factors) to the content of the report and whether the property is to be developed and, if so, the nature and extent of the development. There are experienced mining surveyors and structural engineers in all coal mining and other areas able to advise as to what further enquiries, mining surveys or site investigations should be made.

Development Stability Report Information:


42. In respect of each search enquiry, the Reports will provide summary information according to the records in the possession of the Authority, the Brine Board, and the BGS, relating to those matters referred to below on the basis of and subject to the terms and conditions referred to in paragraphs 1 to 41 inclusive above. For each search enquiry the Report will include the following information:


Information from the Coal Authority:


Past underground coal mining

  • Whether the property is within the zone of likely physical influence on the surface of past underground working based on the principle of 0.7 times the depth of the working allowing for seam inclination. The Authority will indicate the number of seams involved, minimum and maximum depth and the approximate last date of working.
  • An indication of whether ground movement should now have stopped (when the circumstances are considered appropriate). Where coal workings are reported as being at shallow depth the Authority is unable to confirm that ground movement should have stopped by now.
  • An indication of the likely existence of unrecorded coal workings. (Where these are reported as believing to lie at or close to the surface, future ground movement may still subsequently occur).

Present underground coal mining

  • Whether the property is within the zone of likely physical influence on the surface of present underground coal workings based on the principle of 0.7 times the depth of the working allowing for seam inclination. The seams involved are indicated.

Future underground coal mining

  • Whether the property lies within the geographical area for which the Authority are determining whether to grant a licence, or have granted a licence, to remove coal by underground methods. The date of any granted licence is also given, together with advice as to whether the licence is conditional.
  • Whether the property is within the zone of likely physical influence on the surface based on the principle of 0.7 times the depth of the currently planned future underground working allowing for seam inclination. An indication will be given of the seams involved and approximate date of working.- Information as to whether further workable coal is known or thought to exist.
  • Whether any notice of proposals relating to underground coal mining operations have been given under section 46 of the Coal Mining Subsidence Act 1991 (as amended by the Coal Industry Act 1994), and if so details are given of the date of the last notice.

Shafts and adits

  • Details of any shafts or adits within the property and/or within 20 metres of the boundary of the property.
  • Brief treatment details are given, where known.
  • A plan showing the approximate location of any shafts and/or adits is provided.

Coal mining geology

  • Whether the Authority have record of a fault or other line of weakness that is known to the Authority to have made the property unstable.

Past opencast coal mining

  • Whether the property lies within an opencast site boundary from which coal has been removed in the past by opencast methods.

Present opencast coal mining

  • Whether the property is within 200 metres of the boundary of an opencast site from which coal is being removed by opencast methods.

Future opencast coal mining

  • Whether the property is within 800 metres of an area for the Authority are determining whether to grant a licence to remove coal by opencast methods.
  • Whether the property is within 800 metres of an area for which a licence to remove coal by opencast methods has been granted by the Authority.

Subsidence

  • The date of any damage notice or claim made or pursued for alleged coal mining subsidence damage since 1 January 1984.
  • Whether the claim was accepted, rejected or whether liability is still being determined.
  • Where a claim has been discharged, whether this was by making good or by payment of compensation or a combination of both. No details of the works to make good or of the amount paid will be given (additional information may be available, subsequent to receipt of a Report, on written request and payment of an additional archive research fee and subject to obtaining the owners consent).
  • Whether there is any current "stop notice" concerning the deferment of remedial works or repairs affecting the property, and if so the date of the notice.
  • Whether there has been any request made for preventive works under section 33 of the Coal Mining Subsidence Act 1991. If yes, whether any person withheld consent or failed to comply with any request to execute preventive works.

Mine gas emissions

  • Whether the Authority, since its creation in 1994, has any records of mine gas emissions within the boundary of the property being reported that subsequently required action by the Authority to mitigate the effects of the mine gas emission. The Report does not include reference to any alleged mine gas emission not subsequently accepted by the Authority as being related to coal mining activity, e.g. natural gas, other non-coal mining related gas emissions, or mine gas emissions not the subject of any subsequent remedial works by the Authority.

Emergency call-out surface hazard incidents

  • Whether, since its creation in 1994, the Authority have carried out any work on or within the boundaries of the property following a report of an alleged hazard related to coal mining under the Authority's Emergency Surface Hazard Call Out procedures. The Report does not include reference to any reported hazard incident not subsequently accepted by the Authority as being caused by coal mining activity.

Withdrawal of support

  • Whether the site lies within a geographical area in respect of which a notice of entitlement to withdraw support has been published. The date of any notice is provided.
  • Whether the site lies within a geographical area in respect of which a revocation notice has been given under section 41 of the Coal Industry Act 1994. The date of any notice is provided.

Working facilities orders

  • Whether the site lies within an area affected by an order in respect of the working of coal under the Mines (Working Facilities and Support) Acts of 1923 and 1966 or any statutory modification or amendment thereof. The date of any such notice is provided.

Payments to Owners of Former Copyhold Land

  • Whether any relevant notice which may affect the property has been given and, if so, details of any notice of retained interests in coal and coal mines, acceptance or rejection notices and whether any compensation has been paid to a claimant.

43. Where the Authority's website service indicates that a particular property is not within a Coal Mining Development Referral Area, this does not and should not be deemed to confirm:

  • that no coal mining strata is present, nor
  • that some part of any coal resources present have been worked or will (subject to obtaining planning permission and any necessary licences) not be worked at some future date, nor
  • that minerals other than coal have not been worked in the vicinity of the property, nor
  • that the property is not affected by any natural ground subsidence hazards, including, but not restricted to, shrinkable clay, running sand, compressible materials, collapsible materials, landslide activity or soluble rocks including limestone, chalk, gypsum or salt.

44. Where a user erroneously requests a residential property search for a non-residential, commercial or site, the Authority reserves the right to provide a non-residential report instead of the residential report requested, and to charge the appropriate fee accordingly.


45. The response to searches made for land and property lying outside of the Authority's defined coal mining areas will state that the property lies outside any defined coalfield area, rather than provide negative responses to each and every question.


Information from the Cheshire Brine Subsidence Compensation Board:


46. The Report will identify:

  • Whether the property is situated within the Cheshire Brine Compensation District prescribed by the Cheshire Brine Pumping (Compensation for Subsidence) Act 1952;
  • Whether the property is within a Consultation Area prescribed by the Brine Board under the provisions of section 38(1) of the 1952 Act;
  • Whether a Notice of Damage has been filed in respect of the property and, if so, whether the claim was accepted and, if so, how the claim was discharged;
  • Whether claims in respect of the property have been commuted by a once and for all payment of compensation;
  • Whether the compensation provisions of the Cheshire Brine Pumping (Compensation for Subsidence) Act 1952, and 1964, would apply should the property be affected at some future date by subsidence due to brine pumping.

47. Where the property lies outside the Cheshire Brine Subsidence Compensation District, the report will state that the property is not in the Cheshire Brine Compensation District prescribed by the Cheshire Brine Pumping (Compensation for Subsidence) Act 1952 and no entries were found in the Boards records, rather than provide negative responses to each and all of the headings listed here in clause 55.

Information from the British Geological Survey (BGS):


48. The Report will report identify whether the property is in an area where shrinkable clay, running sand, compressible deposits, collapsible deposits, potential landslide activity or soluble rocks are present.


Shrinkable clay

  • Whether the property is within an area underlain by shrinkable clay, and, if so, whether this is of low, medium or high plasticity.
  • An indication of whether ground movement (subsidence) could occur.

Running sand

  • Whether the property is within an area underlain by running sand, and, if so, whether this is of low, medium or high likelihood.
  • An indication of whether ground movement (subsidence) could occur.

Compressible deposits

  • Whether the property is within an area underlain by deposits which could be compressed and cause ground movement, and, if so, whether this is of low, medium or high likelihood.
  • An indication of whether ground movement (subsidence) could occur.

Collapsible deposits

  • Whether the property is within an area underlain by deposits which could collapse and cause ground movement.
  • An indication of whether ground movement (subsidence) could occur.

Landslide activity

  • Whether the property is within an area susceptible to landslide activity, and, if so, whether this is of low, medium or high likelihood.
  • An indication of whether landslide activity is likely to occur.

Soluble rocks

  • Whether the property is within an area underlain by soluble rocks, and, if so, whether this is of low, limited or high likelihood. The four soluble rocks considered by this report are limestone, chalk, gypsum and salt.
  • An indication of whether ground movement (subsidence) could occur.

Where the Report identifies that ground movement (subsidence) could occur, an appropriate risk assessment should be carried out before starting development work on, or around, the property or site.

Complaints Procedure:


49. We aim to provide an excellent service. If you have any cause for complaint you should, in the first instance, contact:


The Coal Authority Customer Service Team,
200 Lichfield Lane,
Mansfield,
Nottinghamshire,
NG18 4RG;

Telephone: 0845 762 6848
Fax: 01623 637 338
Email: groundstability@coal.gov.uk

Please quote the property search reference number.


You may also have a right to referral to the Parliamentary Ombudsman:

The Parliamentary Ombudsman,
Millbank Tower,
Millbank,
London,
SW1P 4QP

Telephone: 0845 015 4033
Fax: 020 7217 4000
Email: phso.enquiries@ombudsman.org.uk
Online: www.ombudsman.org.uk

END

All rights reserved © Copyright and database rights 2010