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Land Stabilisation Programme
- Background
- Scope of funding
- Land ownership
- The role of English Partnerships
- Best practice and best value
- Eligible costs
- Ancillary costs
- The appraisal process
- Project approval
- Project delivery
- Health and Safety
- Some definitions
- Methodology
- Application forms
Background
Historic mining activities have resulted in abandoned mine workings across most counties in England. Some of these have been preserved as tourist attractions, capitalising on the historical, geological and heritage value of the voids and mine relics. Others remain abandoned or simply forgotten. Progressive instability or sudden failure of the roofs or supporting pillars in abandoned mines could lead to collapse of underground voids and pose a threat to property at the ground surface.
The very presence of abandoned mines can also have a blighting effect on property or prevent investment in an area, irrespective of whether actual risk of mine collapse or subsidence exists. Therefore management or treatment of these old mines is often needed to remove blight and to enable regeneration.
English Partnerships manages the Land Stabilisation Programme (LSP), which provides funding to deal with the effects of abandoned non-coal mine workings (e.g. salt, metal, stone, chalk, etc.). The LSP is based on section 1 of the Derelict Land Act 1982, which allows Communities and Local Government (CLG) to provide grants to local authorities for land liable to collapse. The Secretary of State has appointed English Partnerships to exercise these powers as his agent. The programme covers the whole of England, and specifically excludes coalfields and working mines.
Scope of funding
The focus of LSP funding is principally on removal of blight or enabling investment to regenerate areas where underground mine workings are present. Blight would normally be characterised by built-up areas becoming derelict, neglected or unsightly as a result of mine-induced collapse or subsidence. The programme only provides grants to local authorities in England. Under the Derelict Land Act, grants of up to 100% are only available for projects covered by Derelict Land Clearance Orders (DLCO) or that are within Development/ Intermediate Areas. Where these conditions do not apply, the maximum grant payable would be up to 50% of the eligible costs.
LSP funding is intended to bridge the gap between the cost of the project and the contributions made by other partners. Grants may be provided up to the maximum qualifying percentage of total eligible costs and ancillary costs incurred by the local authority - less any contributions made by other funding regimes, the applicant, landowners or other interested parties.
Land ownership
Local authorities do not need to own the mines or the overlying land in order to apply for LSP funding. However, they should actively seek contributions towards the project from private owners or occupiers. This is essential in cases where the land to be stabilised is in a single ownership and development is proposed which could not go ahead without treatment of the mine workings.
Contributions are not normally expected from individual homeowners where land is in multiple domestic ownership.
Where treated land increases in value when sold or brought into use at a later stage, appropriate investment recovery will be sought by English Partnerships through conditions and timescales set out in the funding approval.
The role of English Partnerships
As a public agency and agent of the Secretary of State, English Partnerships is responsible for ensuring public funds are spent effectively and achieve best value. Our expertise in best value and best practice is available to all project partners and covers a wide range of subjects such as construction methods and standards, management techniques, sustainable remediation and regeneration of blighted land.
English Partnerships’ extensive portfolio of previous and current projects provides a more universal background outside the largely technical and engineering emphasis of most LSP projects. This includes comprehensive commercial experience with large-scale difficult schemes which helps us identify and encourage innovation from the outset and act as a best practice advisor. Our knowledge and experience can also be called upon to augment the needs of applicants in community engagement and environmental sustainability if appropriate.
English Partnerships also has a role as strategic partner to both the public and private sector stakeholders. We encourage local authority partners to involve us from an early stage, irrespective of whether a project eventually proceeds to funding approval and implementation. Our involvement often enables productive engagement with other stakeholders, and if we are able to offer funding at an early stage, this is often the catalyst for attracting contributions from other sources.
On approval and delivery of a project, applicants retain project ownership, including responsibility for matters of public health and safety at all times.
Best practice and best value
English Partnerships expects all LSP projects to demonstrate best practice and provide value for money. Best practice should include a proper assessment of the current state of the site, selecting an appropriate specification for stabilisation or management of mines, and effective project procurement and management procedures. Applicants must demonstrate that the proposed work is genuinely required and is the most cost effective course of action.
Applicants should ensure they are familiar with the terms of reference for LSP before making any submissions. A methodology for assessing eligibility, need and best practice/ best value in LSP projects has been produced and must be used when making applications for funding. The methodology will ensure that all applications are assessed on the same basis and in accordance with the same appraisal procedure.
Eligible costs
The LSP will normally provide a contribution towards the eligible cost of works and other activities required to safeguard land from collapse. English Partnerships encourages local authority partners to actively identify and secure contributory funding from other sources, in order to maximise the chance of successfully obtaining a grant from the LSP.
A non-exhaustive list of typical eligible works is outlined below:
- Site surveys and investigations (whether or not stabilisation works are subsequently carried out), or monitoring of abandoned workings pending a decision being taken on the need to carry out works.
- Technical assessments to characterise underground voids, determine the collapse or subsidence risk and any effects at the ground surface,
- Design, procurement and execution of stabilisation work, monitoring or other management activities required to remove blight and/ or enable regeneration,
- Post-treatment maintenance monitoring (only in special cases and then subject to time limits).
- Other appropriate works depending on the circumstances of the individual project.
Ancillary costs
Contributions may also be made towards ancillary costs necessarily incurred by the local authority in carrying out the project. These may include:
- Acquisition of land;
- Temporary works as necessary to enable the execution of the proposed works;
- Landscaping or making good used land in connection with the works;
- Fencing to protect the site and the public whilst the work is in progress.
The appraisal process
Initial assessment. An initial assessment will be made to ensure that the proposed project meets the basic requirements for funding support, i.e. whether the project addresses actual or potential impacts of non-coal mine workings.
Outline application. An Outline Project Proposal (OPP) should be submitted that provides a project overview, including information on the condition of the mine workings and their potential for collapse. The OPP form should be accompanied by specified supporting documentation. The following criteria will be used to assess the outline application:
- Eligibility - risk is attributable to non-coal mine workings;
- Need – mine-induced subsidence or collapse will translate to adverse impacts at the ground surface, and action is needed to prevent blight;
- Appropriateness – identified need is addressed, proposals reflect best practice and provide value for money.·
Full application. If the basic criteria are met, a Full Application will be invited. This stage requires a more detailed assessment of the proposal. Studies undertaken and specialist reports such as site investigations and test results must accompany the Full Application Form. Copies of any valuation reports on the land should also be provided. All relevant information must be included to enable a full assessment by English Partnerships.
Acceptance of a project for assessment by English Partnerships, or demonstration of full compliance with the terms of reference for LSP, does not equate to automatic entitlement of the whole eligible sum applied for, or indeed, any funding.
English Partnerships will then examine the following:
- Risks, hazards and consequences related to mine-induced collapse or subsidence.
- Need and timescale for action to be taken.
- Feasibility of stabilisation and/ or other management options.
- Technical soundness of the applicant’s proposals and ability to achieve stated objectives within the stated costs and timescale(s).
- Adequacy of applicant’s cost/ project/ risk management plans.
- Best practice, best value and incorporation of lessons learned from other similar projects.
- Planning, environmental and conservation considerations, and adequacy of consultation with other appropriate agencies (e.g. Mines Inspectorate, Environment Agency, RDA, appropriate regulatory bodies) and the local community.
- Mine ownership and liability issues, including the Polluter Pays Principle (PPP). This should include adequate demonstration by applicants that that genuine efforts have been made to secure contributory funding from their own resources and from other stakeholders.
The development of project proposals and their appraisal should involve close co-operation between the applicant and English Partnerships. However, the project is at all times the responsibility of the local authority applicant who retains ownership in entirety, including matters of public health and safety.
Project approval
Depending on the size of the project funding, approval may lie with English Partnerships, the CLG or HM Treasury. Applicants will be advised where final approval authority lies, as well as the effect this may have on approval timescales.
When a project is approved, the local authority will be asked to accept in writing the various conditions of English Partnerships’ Offer Letter. These conditions cover a number of issues such as cost increases, changes to specification, environmental considerations, clawback provisions, etc. The Offer Letter acts as the funding agreement between English Partnerships and the local authority.
Irrespective of approvals given by English Partnerships, project ownership lies at all times with the applicant, including compliance with planning requirements and regulations governing health and safety and environmental protection.
Project delivery
Project management, monitoring and reporting processes. Applicants must satisfy English Partnerships that they have set up adequate procedures to execute and deliver the LSP project, including but not limited to:
- suitable contract and project management personnel and procedures in place;
- systems for monitoring and reporting on project progress, costs and risks;
- maintenance of an appropriate risk register;
- procedures for managing and approving project changes;
- early warning systems with procedures for timely implementation of actions to minimise impacts on project costs and timescale;
- sufficient resource allocation to ensure compliance with regulatory requirements and other statutory obligations such as those related to environmental protection as well as health and safety.
Monitoring by English Partnerships. English Partnerships will monitor all approved projects to ensure that stabilisation work is carried out in accordance with the approved scheme and project budget. English Partnerships may choose to appoint technical advisors to assist it in this regard. This does not replace the normal project management, monitoring and reporting required in order for a grant recipient to deliver the LSP project.
Monitoring may include, as appropriate:
- Ongoing update meetings with regular progress reporting by the applicant;
- Examination and approval of tender documents to ensure that funding is provided only for eligible items and that the project cost reflects best value;
- Requiring evidence of compliance with European tendering procedures (where necessary);
- Review of option development and detailed design to confirm that proposals reflect best practice;
- Site inspection whilst any engineering work is being carried out, and on completion, to confirm adherence to the approved scheme and specifications;
- Examination of the interim invoices and final accounts to substantiate the cost of the work;
- Monitoring of the site disposal or future use within the timescale set by the approval, to initiate any clawback provisions.
Claims for payment. Applications for payment should be made on a monthly or other agreed basis using an Interim Claim Form, which must be signed by the applicant’s Chief Financial Officer.
The final claim must be submitted on the Final Claim Form to the local authority’s external auditor for checking. English Partnerships will only pay a final claim once it has been signed off by the local authority external auditor using the latest Certification Instruction for Land Stabilisation Programme projects as issued from time to time by the Audit Commission.
Health and Safety
Although the LSP applies to abandoned mines, legislation relating specifically to working mines, e.g. the Management and Administration of Safety and Health at Mines Regulations (MASHAM) may still apply in some cases. In addition, the Health and Safety at Work Act, the Construction (Design and Management) [CDM] Regulations, Control of Substances Hazardous to Health [COSHH] Regulations, Control and Management of Accident Hazards [COMAH] Regulations and other legislation may apply at any time within the duration of a project.
Local Authorities will therefore need to satisfy themselves and English Partnerships that their proposals comply with the requirements of related current Health & Safety legislation, including responsibilities of the parties undertaking works in mines.
This guidance is not intended to be a substitute for a thorough knowledge of the appropriate legislation governing engineering, reclamation and regeneration projects. It is essential that expert advice is sought by the applicant from competent sources for specific cases.
Some definitions
Abandoned non-coal mines – Non-coal mines are underground voids remaining on cessation of historic underground mining operations other than the operations for the purpose of the working and getting of coal, or of coal and other minerals worked with coal, or for the purpose of getting any product from coal in the course of working and getting coal. Abandoned means no private owner or liability-holder of those historical mineral extraction activities (e.g. mining of salt, metal, stone, chalk, etc) can be traced. Treatment or management of mineshafts, infilled pits and quarries in isolation are ineligible for LSP funding except where incidental or essential to work required to address the impacts of underground mine voids. Similarly, naturally occurring features such as solution voids, erosion sinkholes and land instability induced by the flow of surface and groundwater are excluded.
Development and Intermediate area – An area specified as such by an order made under section 1 of the Industrial Development Act 1982, and an area specified as such by an order so made, respectively.
Gap funding - Where the private sector or other public partners identify projects on their land but English Partnerships funds the gap between costs and reasonable returns on the basis of public policy objectives.
Local authority – A county council, a district or borough council, a metropolitan district council, unitary authority or National Park Authority in England, the Broads Authority, a London Borough Council or Common Council of the City of London.
Removing or preventing blight – Reclaiming or improving land or enabling any such land to be brought into use which is derelict, neglected or unsightly or is likely to become so by reason of actual or apprehended collapse of the surface as a result of non-coal mines being present.
Best Practice – The process of considering alternative strategies, treatments or management activities to deliver the same standards or outcomes, while identifying opportunities for cost savings through project design. While English Partnerships is able to provide guidance on Best Practice, in reality each project is unique. Best Practice for LSP schemes may therefore vary depending on specific circumstances, so it is incumbent upon applicants to demonstrate from an early stage that they have given appropriate thought to the impacts, costs and consequences of their proposals.
Best Value or Value For Money – Relative contribution to a stated regeneration strategy and how the outcome of the funding investment supports national, regional and local sustainable development indicators.
Methodology
The current Land Stabilisation Programme methodology is available to download:
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A brochure is available to downloaded
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Application forms
The following forms are available to download:
