Principal statutory considerations and constraints - Revision history

Designing Buildings at 07:27, 22 February 2021

2021-02-22T07:27:58Z

← Older revision		Revision as of 07:27, 22 February 2021
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	* Section 106 agreement.		* Section 106 agreement.

−	[[Category:Design]]	+	[[Category:DCN_Commentary]] [[Category:DCN_Guidance]] [[Category:Design]]

Designing Buildings at 12:06, 13 March 2020

2020-03-13T12:06:29Z

← Older revision		Revision as of 12:06, 13 March 2020
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	* Rights of light.		* Rights of light.
	* Section 106 agreement.		* Section 106 agreement.
−	* Sequential test.

	[[Category:Design]]		[[Category:Design]]

Designing Buildings at 12:05, 13 March 2020

2020-03-13T12:05:56Z

← Older revision		Revision as of 12:05, 13 March 2020
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	* To display signs under the control of advertisements regulations.		* To display signs under the control of advertisements regulations.

−	[[Category:~~Articles_needing_more_work~~]]	+	= Related articles on Designing Buildings Wiki =
		+
		+	* Archaeology.
		+	* Asbestos.
		+	* Building control.
		+	* CDM.
		+	* Community Infrastructure Levy.
		+	* Conservation area.
		+	* Design and access statement.
		+	* Easements.
		+	* Environmental impact assessment.
		+	* Fire.
		+	* Hazardous substances.
		+	* Health and Safety Executive.
		+	* Listed buildings.
		+	* Local plan.
		+	* Party wall.
		+	* Planning permission.
		+	* Protected species.
		+	* RIBA plan of work.
		+	* Rights of light.
		+	* Section 106 agreement.
		+	* Sequential test.
		+
		+	[[Category:Design]]

Designing Buildings at 12:01, 13 March 2020

2020-03-13T12:01:14Z

← Older revision		Revision as of 12:01, 13 March 2020
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	= Conditions of Appointment of an Architect =		= Conditions of Appointment of an Architect =

−	Under the RIBA Standard Conditions of Appointment of an Architect 3.10.1, the ~~Client~~ acknowledges that the Architect does not warrant that planning permission and other approvals from third parties will be granted at all, or if granted, will be granted in accordance with any anticipated time-scale.	+	Under the RIBA Standard Conditions of Appointment of an Architect 3.10.1, the client acknowledges that the Architect does not warrant that planning permission and other approvals from third parties will be granted at all, or if granted, will be granted in accordance with any anticipated time-scale.

−	= RIBA ~~WORK STAGES~~ 0 ~~AND~~ 1 =	+	= RIBA work stages 0 and 1 =

	== Planning ==		== Planning ==
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	== Local plan ==		== Local plan ==

−	The local plan (and neighbourhood plan if it exists) should be referred to in order to establish planning policy regarding development in an area. Planning history investigation will reveal any existing relevant permissions, consents, refusals and comments from the public. Note, that if the local plan contradicts what is in the National Planning Policy Framework (NPPF), the ~~NPPFoverrides~~ the planning history.	+	The local plan (and neighbourhood plan if it exists) should be referred to in order to establish planning policy regarding development in an area. Planning history investigation will reveal any existing relevant permissions, consents, refusals and comments from the public. Note, that if the local plan contradicts what is in the National Planning Policy Framework (NPPF), the NPPF overrides the planning history.

	== Conservation area ==		== Conservation area ==
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	In London, there are many protected views, particularly along the river Thames. Refer to the London View Management Framework and consult Historic England.		In London, there are many protected views, particularly along the river Thames. Refer to the London View Management Framework and consult Historic England.

−	== Protected ~~Species~~ ==	+	== Protected species ==

	Legislation dictates that any structures or place which a bats use for shelter or protection are protected from damage or destruction whether occupied or not.		Legislation dictates that any structures or place which a bats use for shelter or protection are protected from damage or destruction whether occupied or not.
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	Under the Party Wall Act 1996, a party wall notice may be required. A party wall surveyor and adjoining owners should be consulted.		Under the Party Wall Act 1996, a party wall notice may be required. A party wall surveyor and adjoining owners should be consulted.

−	== Title ~~Deeds~~ ==	+	== Title deeds ==

	The title deeds should be checked to confirm and establish boundaries, easements, rights of way and restrictive covenants that may burden the land.		The title deeds should be checked to confirm and establish boundaries, easements, rights of way and restrictive covenants that may burden the land.
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	Statutory undertakers / utilities companies should be consulted to establish any easements on the land in connection with electrical substations. If works are required to the utilities as a result of the development, the timescales to do so are determined by each company. The process can take time and be costly.		Statutory undertakers / utilities companies should be consulted to establish any easements on the land in connection with electrical substations. If works are required to the utilities as a result of the development, the timescales to do so are determined by each company. The process can take time and be costly.

−	Wayleaves are a means of providing rights for a company to ~~install~~ and retain their cabling or piping across private land in return for annual payments to the landowner.	+	Wayleaves are a means of providing rights for a company to instal and retain their cabling or piping across private land in return for annual payments to the landowner.

	== Easements ==		== Easements ==
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	Consideration of the historic environment is integrated into planning policies, promoting place-shaping.		Consideration of the historic environment is integrated into planning policies, promoting place-shaping.

−	= RIBA ~~WORK STAGES~~ 2 AND 3 =	+	= RIBA work stages 2 AND 3 =

−	== Planning ~~Permission~~ ==	+	== Planning permission ==

	If under the Town and Planning Act Order 1990, the proposal is not a permitted development, it will require planning permission (or if an Article 4 direction is in place).		If under the Town and Planning Act Order 1990, the proposal is not a permitted development, it will require planning permission (or if an Article 4 direction is in place).
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	Prepare a detailed planning application for the proposal including change of use if required. It is best to obtain guidance and advice from professional planning consultants. See use class.		Prepare a detailed planning application for the proposal including change of use if required. It is best to obtain guidance and advice from professional planning consultants. See use class.

−	== Environmental ~~Impact Assessment~~ ==	+	== Environmental impact assessment ==

	An Environmental Impact Assessment may be required under the Town and Country Planning Regulations for large or sensitive developments. The local authority should be consulted to determine the scope of assessment and sustainability requirements.		An Environmental Impact Assessment may be required under the Town and Country Planning Regulations for large or sensitive developments. The local authority should be consulted to determine the scope of assessment and sustainability requirements.

−	== Design and ~~Access Statement~~ ==	+	== Design and access statement ==

	Design and access statements are required for buildings of more than 1,000 sqm, public buildings, housing developments of 10 dwellings or more and developments requiring listed building consent. In conservation areas, design and access statements are required for single dwellings or buildings of more than 100 sqm.		Design and access statements are required for buildings of more than 1,000 sqm, public buildings, housing developments of 10 dwellings or more and developments requiring listed building consent. In conservation areas, design and access statements are required for single dwellings or buildings of more than 100 sqm.
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	An access consultant can be appointed to ensure provisions of the Equality Act 2010 are met.		An access consultant can be appointed to ensure provisions of the Equality Act 2010 are met.

−	== Sequential ~~Test~~ ==	+	== Sequential test ==

	You need to do a sequential test if both of the following apply:		You need to do a sequential test if both of the following apply:
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	The majority of appeals will be decided by written representations or a hearing and there are four stages involved, which are explained below. The time taken to decide an appeal is a guide.		The majority of appeals will be decided by written representations or a hearing and there are four stages involved, which are explained below. The time taken to decide an appeal is a guide.

−	Written representations : 25 weeks	+	* Written representations : 25 weeks
−		+	* Hearings : 42 weeks
−	Hearings : 42 weeks	+	* Enquiries : 36 weeks
−		+
−	Enquiries : 36 weeks	+

	The planning inspector writes a decision which over-rules the local authority. The appeal will either be upheld or rejected.		The planning inspector writes a decision which over-rules the local authority. The appeal will either be upheld or rejected.

−	== Building ~~Control~~ ==	+	== Building control ==

	The architect should ensure that the project complies with the Building Regulations (Building Act 1984).		The architect should ensure that the project complies with the Building Regulations (Building Act 1984).

Designing Buildings at 14:38, 5 February 2020

2020-02-05T14:38:44Z

← Older revision		Revision as of 14:38, 5 February 2020
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	Consideration of the historic environment is integrated into planning policies, promoting place-shaping.		Consideration of the historic environment is integrated into planning policies, promoting place-shaping.

−	== RIBA WORK STAGES 2 AND 3 ==	+	= RIBA WORK STAGES 2 AND 3 =

	== Planning Permission ==		== Planning Permission ==

Designing Buildings at 14:37, 5 February 2020

2020-02-05T14:37:41Z

Show changes

Designing Buildings at 14:32, 5 February 2020

2020-02-05T14:32:33Z

Show changes

Harchitine at 18:55, 2 January 2020

2020-01-02T18:55:13Z

← Older revision		Revision as of 18:55, 2 January 2020
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	[https://www.designingbuildings.co.uk/wiki/Pre-application_advice Pre-application advice] from the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officer] may be advisable. The [https://www.designingbuildings.co.uk/wiki/Clients client] may consider submitting [https://www.designingbuildings.co.uk/wiki/Outline_planning outline planning] at an early stage to obtain broad [https://www.designingbuildings.co.uk/wiki/Approvals approval] before any substantial [https://www.designingbuildings.co.uk/wiki/Cost costs] are incurred.		[https://www.designingbuildings.co.uk/wiki/Pre-application_advice Pre-application advice] from the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officer] may be advisable. The [https://www.designingbuildings.co.uk/wiki/Clients client] may consider submitting [https://www.designingbuildings.co.uk/wiki/Outline_planning outline planning] at an early stage to obtain broad [https://www.designingbuildings.co.uk/wiki/Approvals approval] before any substantial [https://www.designingbuildings.co.uk/wiki/Cost costs] are incurred.

−	For specific schemes of a certain size, or ~~specific organisations~~, it ~~is a statutory requirement~~ to hold a public consultation with the local authority and community.	+	For specific schemes of a certain size or if strong public objections are made, it may be required to hold a public consultation with the local authority and community.

	Prepare a detailed planning application for the proposal including [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] if required. It is best to obtain guidance and advice from [https://www.designingbuildings.co.uk/wiki/Professional professional] [https://www.designingbuildings.co.uk/wiki/Planning_consultant planning consultants]. See [https://www.designingbuildings.co.uk/wiki/Use_classes use class].		Prepare a detailed planning application for the proposal including [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] if required. It is best to obtain guidance and advice from [https://www.designingbuildings.co.uk/wiki/Professional professional] [https://www.designingbuildings.co.uk/wiki/Planning_consultant planning consultants]. See [https://www.designingbuildings.co.uk/wiki/Use_classes use class].

Harchitine at 18:50, 2 January 2020

2020-01-02T18:50:16Z

← Older revision		Revision as of 18:50, 2 January 2020
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	The planning history should also be investigated to determine any previous applications, consents or refusals, comments from the public etc. NPPF overrides the planning history.		The planning history should also be investigated to determine any previous applications, consents or refusals, comments from the public etc. NPPF overrides the planning history.
		+
		+	You should also determine if this qualifies as a 'major project' that might have considerable public interest since this can affect timescales.

	== [https://www.designingbuildings.co.uk/wiki/Local_plan Local plan] ==		== [https://www.designingbuildings.co.uk/wiki/Local_plan Local plan] ==
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	== [https://www.designingbuildings.co.uk/wiki/Conservation_areas Conservation area] ==		== [https://www.designingbuildings.co.uk/wiki/Conservation_areas Conservation area] ==

−	[https://www.designingbuildings.co.uk/wiki/Alterations Alterations] that will affect the external appearance of [https://www.designingbuildings.co.uk/wiki/Building buildings] in a [https://www.designingbuildings.co.uk/wiki/Conservation_areas Conservation Area] may require [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] / [https://www.designingbuildings.co.uk/wiki/Conservation_area_consent Conservation Area Consent]. If [https://www.designingbuildings.co.uk/wiki/Works work] ~~is to be done to~~ [https://www.designingbuildings.co.uk/wiki/~~Trees trees~~], the [https://www.designingbuildings.co.uk/wiki/~~Local_authorities~~ local authority] ~~will require at least six weeks' notification for them to decide whether to make a~~ [https://www.designingbuildings.co.uk/wiki/~~Tree_preservation_orders Tree Preservation Order~~] ~~(TPO)~~. [https://www.designingbuildings.co.uk/wiki/Demolition Demolition] of [https://www.designingbuildings.co.uk/wiki/Building buildings] in [https://www.designingbuildings.co.uk/wiki/Conservation_areas conservation areas] will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission].	+	[https://www.designingbuildings.co.uk/wiki/Alterations Alterations] that will affect the external appearance of [https://www.designingbuildings.co.uk/wiki/Building buildings] in a [https://www.designingbuildings.co.uk/wiki/Conservation_areas Conservation Area] may require [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] / [https://www.designingbuildings.co.uk/wiki/Conservation_area_consent Conservation Area Consent]. It is a criminal offence to undertake [https://www.designingbuildings.co.uk/wiki/Works work] in a [https://www.designingbuildings.co.uk/wiki/Conservation_areas conservation area] without consent, and the [https://www.designingbuildings.co.uk/wiki/Local_planning_authorities local planning authority] can insist that the [https://www.designingbuildings.co.uk/wiki/Works work] is reversed.
		+
		+	[https://www.designingbuildings.co.uk/wiki/Demolition Demolition] of [https://www.designingbuildings.co.uk/wiki/Building buildings] in [https://www.designingbuildings.co.uk/wiki/Conservation_areas conservation areas] will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. If commenced without consent criminal prosecution is possible.
		+
		+	If [https://www.designingbuildings.co.uk/wiki/Works work] is to be done to [https://www.designingbuildings.co.uk/wiki/Trees trees], the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] will require at least six weeks' notification for them to decide whether to make a [https://www.designingbuildings.co.uk/wiki/Tree_preservation_orders Tree Preservation Order] (TPO).

	== [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed buildings] ==		== [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed buildings] ==

Harchitine at 18:42, 2 January 2020

2020-01-02T18:42:22Z

← Older revision		Revision as of 18:42, 2 January 2020
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	An [https://www.designingbuildings.co.uk/wiki/Environmental_impact_assessments Environmental Impact Assessment] may be required under the [https://www.designingbuildings.co.uk/wiki/Town_and_country_planning Town and Country Planning] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] for large or sensitive [https://www.designingbuildings.co.uk/wiki/Development developments]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] should be consulted to determine the scope of assessment and [https://www.designingbuildings.co.uk/wiki/Sustainability sustainability] requirements.		An [https://www.designingbuildings.co.uk/wiki/Environmental_impact_assessments Environmental Impact Assessment] may be required under the [https://www.designingbuildings.co.uk/wiki/Town_and_country_planning Town and Country Planning] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] for large or sensitive [https://www.designingbuildings.co.uk/wiki/Development developments]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] should be consulted to determine the scope of assessment and [https://www.designingbuildings.co.uk/wiki/Sustainability sustainability] requirements.
		+
		+	== Design and Access Statement ==
		+
		+	D[https://www.designingbuildings.co.uk/wiki/Design_and_access_statements esign and access statements] are required for [https://www.designingbuildings.co.uk/wiki/Building buildings] of more than 1,000 sqm, public buildings, [https://www.designingbuildings.co.uk/wiki/Housing_development housing developments] of 10 [https://www.designingbuildings.co.uk/wiki/Dwelling dwellings] or more and [https://www.designingbuildings.co.uk/wiki/Development developments] requiring [https://www.designingbuildings.co.uk/wiki/Listed_building_consent listed building consent]. In [https://www.designingbuildings.co.uk/wiki/Conservation_areas conservation areas], [https://www.designingbuildings.co.uk/wiki/Design_and_access_statements design and access statements] are required for single [https://www.designingbuildings.co.uk/wiki/Dwelling dwellings] or [https://www.designingbuildings.co.uk/wiki/Building buildings] of more than 100 sqm.
		+
		+	An access consultant can be appointed to ensure provisions of the Equality Act 2010 are met.
		+
		+	== Sequential Test ==
		+
		+	You need to do a sequential test if both of the following apply:
		+
		+	* your development is in [http://planningguidance.planningportal.gov.uk/blog/guidance/flood-risk-and-coastal-change/flood-zone-and-flood-risk-tables/table-1-flood-zones/ flood zone 2 or 3] - [https://flood-map-for-planning.service.gov.uk/ find out what flood zone you’re in]
		+	* a sequential test hasn’t already been done for a development of the type you plan to carry out on your proposed site - [http://www.planningportal.gov.uk/wps/portal/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os3hzF0tnJydDRwN3_yBnA08jT6dACwtPIwNnU6B8JG55A1OKdBsQ0B0Oci1-2_HKG0DkDXAARwN9P4_83FT9gtzQCIPMgHQA2rZ-2A!!/dl3/d3/L0lDU0lKSWdra2trIS9JSFJBQUlpQ2dBek15cXhtLzRCRWo4bzBGbEdpdC1iWHV3RUEhLzdfN0Q5Q0JCMUEwMDJTNTBJMjM3TElSSDEwODUvc2EudGV4dHByZWZfY2xlYXJfbG9jYXRpb25fdXJs/ check with your local planning authority]
		+
		+	You don’t need to do a sequential test if the following apply:
		+
		+	* one has already been carried out for a development of the type you’re planning (eg a residential development) for your site.
		+	* your development is a [http://planningguidance.planningportal.gov.uk/blog/guidance/flood-risk-and-coastal-change/what-is-meant-by-minor-development-in-relation-to-flood-risk/ minor development]
		+	* your development involves a change of use (eg from commercial to residential) unless your development is a caravan, camping chalet, mobile home or park home site

	== Timescales ==		== Timescales ==
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	The planning inspector writes a decision which over-rules the local authority. The appeal will either be upheld or rejected.		The planning inspector writes a decision which over-rules the local authority. The appeal will either be upheld or rejected.
−
−	~~== Design and Access Statement ==~~
−
−	D[https://www.designingbuildings.co.uk/wiki/Design_and_access_statements esign and access statements] are required for [https://www.designingbuildings.co.uk/wiki/Building buildings] of more than 1,000 sqm, public buildings, [https://www.designingbuildings.co.uk/wiki/Housing_development housing developments] of 10 [https://www.designingbuildings.co.uk/wiki/Dwelling dwellings] or more and [https://www.designingbuildings.co.uk/wiki/Development developments] requiring [https://www.designingbuildings.co.uk/wiki/Listed_building_consent listed building consent]. In [https://www.designingbuildings.co.uk/wiki/Conservation_areas conservation areas], [https://www.designingbuildings.co.uk/wiki/Design_and_access_statements design and access statements] are required for single [https://www.designingbuildings.co.uk/wiki/Dwelling dwellings] or [https://www.designingbuildings.co.uk/wiki/Building buildings] of more than 100 sqm.
−
−	~~An access consultant can be appointed to ensure provisions of the Equality Act 2010 are met.~~
−
−	~~== Sequential Test ==~~
−
−	~~You need to do a sequential test if both of the following apply:~~
−
−	* your development is in [http://planningguidance.planningportal.gov.uk/blog/guidance/flood-risk-and-coastal-change/flood-zone-and-flood-risk-tables/table-1-flood-zones/ flood zone 2 or 3] - [https://flood-map-for-planning.service.gov.uk/ find out what flood zone you’re in]
−	* a sequential test hasn’t already been done for a development of the type you plan to carry out on your proposed site - [http://www.planningportal.gov.uk/wps/portal/!ut/p/c5/04_SB8K8xLLM9MSSzPy8xBz9CP0os3hzF0tnJydDRwN3_yBnA08jT6dACwtPIwNnU6B8JG55A1OKdBsQ0B0Oci1-2_HKG0DkDXAARwN9P4_83FT9gtzQCIPMgHQA2rZ-2A!!/dl3/d3/L0lDU0lKSWdra2trIS9JSFJBQUlpQ2dBek15cXhtLzRCRWo4bzBGbEdpdC1iWHV3RUEhLzdfN0Q5Q0JCMUEwMDJTNTBJMjM3TElSSDEwODUvc2EudGV4dHByZWZfY2xlYXJfbG9jYXRpb25fdXJs/ check with your local planning authority]
−
−	~~You don’t need to do a sequential test if the following apply:~~
−
−	* one has already been carried out for a development of the type you’re planning (eg a residential development) for your site.
−	* your development is a [http://planningguidance.planningportal.gov.uk/blog/guidance/flood-risk-and-coastal-change/what-is-meant-by-minor-development-in-relation-to-flood-risk/ minor development]
−	* your development involves a change of use (eg from commercial to residential) unless your development is a caravan, camping chalet, mobile home or park home site

	== Building Control ==		== Building Control ==

	The architect should ensure that the project complies with the Building Regulations (Building Act 1984).		The architect should ensure that the project complies with the Building Regulations (Building Act 1984).
−
−	~~=== [https://www.designingbuildings.co.uk/wiki/Full_plans Full plans] or [https://www.designingbuildings.co.uk/wiki/Building_notice building notice] ===~~

	Generally on larger, [https://www.designingbuildings.co.uk/wiki/New-build new-build] [https://www.designingbuildings.co.uk/wiki/Project projects], a '[https://www.designingbuildings.co.uk/wiki/Full_plans full plans]' application will be made, meaning that full [https://www.designingbuildings.co.uk/wiki/Details details] of the proposed [https://www.designingbuildings.co.uk/wiki/Building_work building works] are submitted for [https://www.designingbuildings.co.uk/wiki/Approvals approval] before the [https://www.designingbuildings.co.uk/wiki/Works works] are carried out.		Generally on larger, [https://www.designingbuildings.co.uk/wiki/New-build new-build] [https://www.designingbuildings.co.uk/wiki/Project projects], a '[https://www.designingbuildings.co.uk/wiki/Full_plans full plans]' application will be made, meaning that full [https://www.designingbuildings.co.uk/wiki/Details details] of the proposed [https://www.designingbuildings.co.uk/wiki/Building_work building works] are submitted for [https://www.designingbuildings.co.uk/wiki/Approvals approval] before the [https://www.designingbuildings.co.uk/wiki/Works works] are carried out.