Designing Buildings - User contributions [en]

Interim certificates in construction contracts

2020-01-04T17:27:16Z

Harchitine:

Interim certificates provide a mechanism for the client to make payments to the contractor before the works are complete. The Housing Grants, Construction and Regeneration Act, states that a party to a construction contract in excess of 45 days is entitled to interim or stage payments.

Interim payments can be agreed in advance and paid at particular milestones, but they are more commonly, regular payments, the value of which is based on the value of work that has been completed (this is the actual value of the work completed, taking into account variations, etc.).

The amount of these payments is entered onto an interim certificate (generally valued by the cost consultant, perhaps having taken advice from the lead designer) and the client must honour the certificate within the period stipulated by the contract.

=== Structure ===

1 - Interim valuation date : Date stated in the contract particulars - contractor serves application on or before

2 - Due date : 9 days later

3 - Interim payment certificate : Issued by CA / Architect not more than 5 days after the due date

4 - Pay less notice : Not more than 9 days after the due date

5 - Final date for payment : 14 days after the due date

=== Pay Less ===

JCT SBC / Q 2016 clauses 4.11.5 and 4.12.1

If the client intends to pay a different amount from that shown on the interim certificate, then they must give notice to the contractor of the amount they intend to pay and the basis for its calculation (pay less notice - see Housing Grants, Construction and Regeneration Act for more information).

The value of interim certificates is the value of the work completed, less any amounts already paid, less retention. Half of this retention will be released on certification of practical completion and the other half upon issue of the certificate of making good defects.

Interim certificates should make clear the amount of retention and a statement should also be prepared showing retention for nominated sub-contractors if there are any. The contract may require that retention is kept in a separate bank account and that this is certified. In this case, the client will generally keep any interest paid on the account.

There may be particular provision to include the value of particularly costly materials that the contractor has not yet delivered to site. This allows the contractor to order items in good time, without incurring unnecessary long-term expense, but does put the client at some risk if the contractor becomes insolvent.

On design and build projects, the amounts certified as payable may be based on a contract sum analysis.

JCT SBC / Q 2016 clauses 4.8 and 4.9 : The contract conditions provide that the contract administrator must issue an interim certificate within five [calendar] days of the due date whether or not the contractor has issued an interim [payment] application. Being set by statute, the 5 day time period cannot be changed.

=== Fair Payment Practices ===

The [[Housing_Grants,_Construction_and_Regeneration_Act_HGRA|Housing Grants, Construction Regeneration Act 1996]] includes provisions to ensure that payments are made promptly throughout the supply chain. These provisions include the right to be paid in interim, periodic / stage payments.

= Related articles on Designing Buildings Wiki =

* Activity schedule.
* Certificate of making good defects.
* Certificates in the construction industry.
* Contract sum analysis.
* Cost value reconciliation.
* Due date.
* Final certificate.
* Housing Grants, Construction and Regeneration Act.
* Interim valuation.
* Off site materials.
* Milestone payment.
* Payment notice.
* Payments to nominated sub-contractors.
* Practical completion.
* Retention.

=== External references ===

* [http://www.isurv.com/site/scripts/documents.aspx?categoryID=76 RICS Valuations for interim certificates.]
* Allan K Construction contracts 2017 @qs 2 kings entertainment

[[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Extension of time EOT in construction contracts

2020-01-04T17:02:06Z

Harchitine:

JCT SBC / Q 2016 clause 2.27 - Notice by contractor of delay to progress to include material circumstances, cause of the delay, identify any Relevant Events and an estimate of the expected delay to completion

JCT SBC / Q 2016 clause 2.28 - Extension of time

JCT SBC / Q 2016 clause 2.28.1 - CA / Architect to consider extension of time

Construction contracts generally allow the construction period to be extended where there is a delay that is not the contractor's fault. This is described as an extension of time (EOT).

When it becomes reasonably apparent that there is, or that there is likely to be, a delay that could merit an extension of time, the contractor gives written notice to the contract administrator identifying the relevant event that has caused the delay.

If the contract administrator accepts that the delay was caused by a relevant event, then they may grant an extension of time and the completion date is adjusted.

JCT SBC / Q 2016 clause 2.29 - Relevant Events :

* Variations.
* Exceptionally adverse weather.
* Civil commotion or terrorism.
* Failure to provide information.
* Delay on the part of a nominated sub-contractor.
* Statutory undertaker’s work.
* A delay in giving the contractor possession of the site.
* Force majeure (such as an epidemic or an 'act of God').
* Loss from a specified peril such as flood.
* The supply of materials and goods by the client.
* Strikes.
* Changes in statutory requirements.
* Delays in receiving permissions that the contractor has taken reasonable steps to avoid.

The contractor is required to prevent or mitigate the delay and any resulting loss, even where the fault is not their own - duty of care.

Assessing claims for an extension of time can be complicated and controversial. There may be multiple or concurrent delays, some of which are the contractor's fault and some not. There are many occasions where contractors contribute to delay themselves by their performance during design periods, when producing drawings, mock ups and samples or in inter-facing with sub-contractors.

Crucial in assessing applications for extension of time is the quality of the information provided and records available.

For more information, see how to prepare a claim for an extension of time.

Claims should be judged against the actual progress of the works, not the programme, and must demonstrate the link between the breach (cause) and the delay.

The contract administrator may review extensions of time after practical completion and further adjust the completion date.

Mechanisms allowing extensions of time are not simply for the contractor's benefit. If there was no such mechanism and a delay occurred which was not the contractor’s fault, then the contractor would no longer be required to complete the works by the completion date and would only then have to complete the works in a 'reasonable' time. The client would lose any right to liquidated damages.

Claims for extension of time (relevant events) can run alongside claims for loss and expense (relevant matters) however, one need not necessarily lead to the other.

= Structure =

Contractor notifies on Relevant Event as per contract

Completion date adjusted by CA / Architect

Contractor required to prevent / mitigate delay to honour their duty of care

CA / Architect assesses the claims

Liquidated damages are awarded

= Example =

It is very important when deducting liquidated damages to ensure that the correct contractual procedures are adhered to. In the case of [[Octoesse_LLP_v_Trak_Special_Projects_Ltd|Octoesse LLP v Trak Special Projects Ltd]] [2016], Justice Jefford held that Octoesse was not entitled to deduct liquidated damages as they had agreed to an extension of time after a certificate of non completion had been issued. The JCT Intermediate Building Contract is constructed such that:

'If the Contractor fails to complete the Works or a Section by the relevant Completion Date, the Architect/Contract administrator shall issue a certificate to that effect. If an extension of time is made after the issue of such certificate, the extension shall cancel that certificate and the Architect/Contract Administrator shall where necessary issue a further certificate.'

As Octoesse had not issued a further certificate of non completion, they were not entitled to deduct liquidated damages.

To find out more, see Octoesse LLP v Trak Special Projects Ltd.

[[File:C_link_EOT_template.png|link=http://zpr.io/tTFAh]]

= Related articles on Designing Buildings Wiki =

* How to prepare a claim for an extension of time
* Variations in construction contracts
* Extension of time - approval letter example
* Liquidated damages in construction contracts
* Loss and expense
* Reasonable objection.
* Relevant event
* Adverse weather during construction
* Certificate of non completion
* Concurrent delay
* Common refusals of extensions of time
* Delays on construction projects
* Reasonable time.
* Relevant events v relevant matters
* Acceleration of construction works
* Contractor delay.
* Force majeure in construction
* Contract administrator for construction contracts
* Octoesse LLP v Trak Special Projects Ltd
* Completion date in construction contracts
* Nominated sub-contractor
* Relevant matters in construction contracts
* Contract claims in construction
* Prolongation in construction contracts
* Time at large
* Practical completion
* Defects in construction

= External references =

* Herbert Smith, Extensions of Time: What Happens If the Contractual Machinery Breaks Down?
* Atkinson Law, Delay and Disruption - The Contractor's Obligations as to Time.

[[Category:Construction_management]] [[Category:Procurement]]

Express and implied terms in construction contracts

2020-01-04T16:43:11Z

Harchitine:

= Terms =

The rights and obligations of parties to a contract are defined by its terms.

=== Express Terms ===

Express terms are those that have been explicitly agreed by both parties and can be oral or in writing. However, the express terms do not necessarily constitute all the relevant terms of the agreement.

=== Implied Terms ===

In certain circumstances the courts are prepared to imply terms into a contract provided such terms are necessary to give business efficacy to the agreement.

Implied by statue (written legislation) :

Supply of Goods and Services Act 1982

Section 13 : Service will be provided with reasonable skill and care

Section 14 : The services will be provided within a reasonable time

Section 15 : A reasonable prive will be paid for the services

= Examples =

=== The Moorcock (1889) 14 PD 64 ===

The owners of the ship called The Moorcock contracted for space at a wharf owner's jetty in order to unload The Moorcock's cargo. While docked, the tide went down to a point where the hull of the ship hit a ridge, causing damage to the ship. The [https://en.wikipedia.org/wiki/Plaintiff plaintiff] argued that the [https://en.wikipedia.org/wiki/Wharfinger wharfingers] were responsible to ensure that his vessel would remain safe while docked. The wharf owners, in their defense, claimed that there were no provisions in the contract to ensure the vessel's safety and that they could not have foreseen the damage caused to the vessel. The issue before the Court was whether there can be any implied warranty given the circumstances. The trial court found that there was an implied warranty.

The Court held for the ship owner, ruling that there was an implied term that the wharfingers had taken reasonable steps to ascertain the state of the riverbed adjacent to the jetty (not, as often stated, an implied term that the jetty would be a safe place to dock). If the wharfingers had taken such responsibility, then they would have discovered the ridge of rock and would have been under the duty to warn the shipowners of the potential hazard. Failure to warn would have been actionable in tort.

[https://en.wikipedia.org/wiki/Charles_Bowen,_Baron_Bowen Bowen LJ] stated that any implied warranties must be based on the presumed intentions of the parties.

=== Spurling v Bradshaw [1956] EWCA Civ 3 ===

Implied by previous course of dealings between the parties

Terms may be implied as a matter of law. That is to say they are implied as a matter of policy and are of general application to all contracts. Further terms may be implied as a matter of fact. That is to say as a matter of construction of the presumed intention of the parties to a particular contract. The case of Foley v Classique Coaches Limited (1953) is an illustration of a term being implied as a matter of fact.

Whilst a term will not be implied unless in the particular circumstances of each case it is reasonable to imply such a term, this does not mean that a term will be implied merely because it is reasonable. For example, Trollope & Colls Ltd v North West Metropolitan Regional Hospital Board (1973) where the court refused to imply a term to render a harsh contract more reasonable.

Further, a term will not be implied if it is inconsistent with the express terms of the contract. In Martin Grant & Co Ltd v Sir Lindsay Parkinson & Co Ltd, the Court of Appeal refused to imply a term in a building subcontract:

‘that (a) the [main contractors] would make sufficient work available to the [sub-contractors] to enable them to maintain reasonable progress and to execute their work in an efficient and economic manner; and (b) the main contractors should not hinder or prevent [the sub-contractors] in the execution of the sub-contract works' where the express conditions of the sub-contract provided for a 'beck and call' obligation on the sub-contractor; that is to say the sub-contractor was obliged to carry out his works '... at such time or times and in such manner as the [main contractor] shall direct or require'.

= Related articles on Designing Buildings Wiki =

* Agency.
* Clause.
* Collateral warranty.
* Construction contract.
* Contract v tort.
* Defective Premises Act.
* Design liability.
* Defective Premises - Liability and Measure of Damages.
* Fitness for purpose.
* Modifying clauses in standard forms of contract.
* Reasonable skill and care.
* Recitals.
* [[Zennstrom_%26_Anor_v_Fagot_%26_Ors|Zennstrom & Anor v Fagot & Ors.]]

[[Category:Case_law]] [[Category:Other_legislation]] [[Category:Contracts_/_payment]]

Defects in construction

2020-01-04T16:04:27Z

Harchitine:

* Check defects liability period

JCT SBC / Q 2016 clause 2.35, 2.38 + 2.39 : Certificate of Making Good

Defects are aspects of the works that are not in accordance with the contract.

Defects may occur because of:

* [[Common_mistakes_on_building_drawings|Design deficiencies]].
* Material deficiencies.
* Specification problems.
* Workmanship deficiencies.

=== Patent / Latent ===

Defects can be 'patent' or 'latent'. Patent defects are those which can be discovered by reasonable inspection. Latent defects are those which cannot be discovered by reasonable inspection, for example problems with foundations which may not become apparent for several years after completion when settlement causes cracking in the building. When a latent defect becomes apparent, it becomes patent rather than latent.

=== Defects in the Works / Maintenance Issues ===

During the defects liability period, the client reports any defects that arise to the contract administrator who decides whether they are defects in the works (i.e. works that are not in accordance with the contract), or whether they are in fact maintenance issues. If the contract administrator considers that they are defects, then they may issue instructions to the contractor to make good the defects within a reasonable time.

NB: It is the contractor's responsibility to identify and rectify defects, not the clients, so if the client does bring defects to the contractor's notice, they should make clear that this is not a comprehensive list of all defects.

=== Schedule of Defects ===

At the end of the defects liability period, the contract administrator prepares a schedule of defects, listing those defects that have not yet been rectified, and agrees with the contractor the date by which they will be rectified. The contractor must in any event rectify defects within a reasonable time.

When the contract administrator considers that all items on the schedule of defects have been rectified, they issue a certificate of making good. This has the effect of releasing the remainder of any retention monies and will result in the issuing of the final certificate.

=== Practical Completion ===

It is important to note that the defects liability period is not a chance to correct problems apparent at practical completion, it is a period during which the contractor may be recalled to rectify defects which appear. If there are defects apparent before practical completion, then these should be rectified before a certificate of practical completion is issued.

This can put the contract administrator in a difficult position, where both the contractor and the client are keen to issue the certificate (so that the building can be handed over) and yet defects (more than a de minimis) are apparent in the works. Issuing the certificate under these circumstances could render the contract administrator liable for problems that this causes, for example, in the calculation of liquidated damages.

If the contract administrator is pressured to certify practical completion even though the works are not complete, they might consider informing the client in writing of the potential problems of doing so, obtaining written consent from the client to certify practical completion and obtaining agreement from the contractor that they will complete the works and rectify any defects. If the contract administrator is not confident about the potential problems that may result from early certification, they might advise the client to seek legal advice.

After the defects liability period, the building owner does not have a contractual right to insist that the contractor rectifies defects not notified during that period. The building owner must instead seek redress in an action for damages, for breach of contract, or for negligence. In the case of dwellings there is a statutory remedy provided by the Defective Premises Act 1972. These rights of action are not perpetual; actions for breach of contract are time barred after six years from the date of the breach (usually the completion of the building although with a failure of design the breach may have occurred earlier), or for a contract under seal, the period is 12 years

For more information see: Latent defects.

== CA Duties During Rectification Period ==

The CA / Architect decides whether the defects are maintenance issues or defects of the works in accordance with the contract.

=== Defects ===

Issue instructions to contractor to make good the defects within reasonable time.

=== End of Liability Period ===

CA / Architect prepares a schedule of defects listing outstanding defects and the agreed date for rectification.

=== When All Defects are Rectified ===

CA / Architect issues a Certificate of Making Good and releases the remainder of the retention

= Related articles on Designing Buildings Wiki =

* [[Alkali-silica_reaction_(ASR)|Alkali-silica reaction (ASR).]]
* Building pathology.
* Certificate of making good defects.
* Common mistakes on building drawings.
* Corrosion.
* Cracking and building movement.
* Creep.
* Decennial liability.
* Defective Premises - Liability and Measure of Damages.
* Defective Premises Act.
* Defects certificate.
* Defects correction period.
* Defects date.
* Defects in brickwork.
* Defects in dot and dab.
* Defects in stonework.
* Defects liability period.
* Design liability.
* Dilapidations.
* Failure modes and effect analysis (FMEA).
* Failure of metals.
* Fit for purpose.
* Flat roof defects.
* Flooring defects.
* Forensic investigations: can we trust them?
* Guarantees.
* Housing defects.
* Latent defects.
* Making good.
* Material shortage.
* Opening up works for inspection and testing.
* Patent defects.
* Practical completion.
* Professional indemnity insurance.
* Punch list.
* Reasonable skill and care.
* Remedial work.
* Retention bond.
* Roofing defects.
* Schedule of defects.
* Shear strength.
* Tension.
* [[Why_do_buildings_crack%3F_(DG_361)|Why do buildings crack? (DG 361).]]
* Workmanship.

= External references =

* Blake-Turner & Co. Solicitors: Building defects; the legal position.

[[Category:Articles_needing_more_work]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Defects in construction

2020-01-04T15:58:33Z

Harchitine:

* Check defects liability period

JCT SBC / Q 2016 clause 2.35, 2.38 + 2.39 : Certificate of Making Good

Defects are aspects of the works that are not in accordance with the contract.

Defects may occur because of:

* [[Common_mistakes_on_building_drawings|Design deficiencies]].
* Material deficiencies.
* Specification problems.
* Workmanship deficiencies.

=== Patent / Latent ===

Defects can be 'patent' or 'latent'. Patent defects are those which can be discovered by reasonable inspection. Latent defects are those which cannot be discovered by reasonable inspection, for example problems with foundations which may not become apparent for several years after completion when settlement causes cracking in the building. When a latent defect becomes apparent, it becomes patent rather than latent.

=== Defects in the Works / Maintenance Issues ===

During the defects liability period, the client reports any defects that arise to the contract administrator who decides whether they are defects in the works (i.e. works that are not in accordance with the contract), or whether they are in fact maintenance issues. If the contract administrator considers that they are defects, then they may issue instructions to the contractor to make good the defects within a reasonable time.

NB: It is the contractor's responsibility to identify and rectify defects, not the clients, so if the client does bring defects to the contractor's notice, they should make clear that this is not a comprehensive list of all defects.

=== Schedule of Defects ===

At the end of the defects liability period, the contract administrator prepares a schedule of defects, listing those defects that have not yet been rectified, and agrees with the contractor the date by which they will be rectified. The contractor must in any event rectify defects within a reasonable time.

When the contract administrator considers that all items on the schedule of defects have been rectified, they issue a certificate of making good. This has the effect of releasing the remainder of any retention monies and will result in the issuing of the final certificate.

=== Practical Completion ===

It is important to note that the defects liability period is not a chance to correct problems apparent at practical completion, it is a period during which the contractor may be recalled to rectify defects which appear. If there are defects apparent before practical completion, then these should be rectified before a certificate of practical completion is issued.

This can put the contract administrator in a difficult position, where both the contractor and the client are keen to issue the certificate (so that the building can be handed over) and yet defects (more than a de minimis) are apparent in the works. Issuing the certificate under these circumstances could render the contract administrator liable for problems that this causes, for example, in the calculation of liquidated damages.

If the contract administrator is pressured to certify practical completion even though the works are not complete, they might consider informing the client in writing of the potential problems of doing so, obtaining written consent from the client to certify practical completion and obtaining agreement from the contractor that they will complete the works and rectify any defects. If the contract administrator is not confident about the potential problems that may result from early certification, they might advise the client to seek legal advice.

After the defects liability period, the building owner does not have a contractual right to insist that the contractor rectifies defects not notified during that period. The building owner must instead seek redress in an action for damages, for breach of contract, or for negligence. In the case of dwellings there is a statutory remedy provided by the Defective Premises Act 1972. These rights of action are not perpetual; actions for breach of contract are time barred after six years from the date of the breach (usually the completion of the building although with a failure of design the breach may have occurred earlier), or for a contract under seal, the period is 12 years

For more information see: Latent defects.

NB: NEC suggests that in the ECC (Engineering and Construction Contract), a defect is '...a part of the works which is not as stated in the Works Information or not in accordance with applicable law or the accepted design. There is a reciprocal obligation on both the supervisor and contractor to notify each other as soon as they are aware of a Defect.' At or just after the defects date the supervisor issues a defects certificate, which either certifies that there are no defects, or lists any uncorrected defects.

-----
In a submission to the Inquiry into the Construction of Edinburgh Schools in 2016, the Royal Incorporation of Architects in Scotland (RIAS) criticised the transfer of responsibility from construction professionals to other parties less involved with the design process and sited the dilution of the role of the design team as one of the causes of poor quality construction. See Inquiry into the construction of Edinburgh schools view of the RIAS for more information.

= Related articles on Designing Buildings Wiki =

* [[Alkali-silica_reaction_(ASR)|Alkali-silica reaction (ASR).]]
* Building pathology.
* Certificate of making good defects.
* Common mistakes on building drawings.
* Corrosion.
* Cracking and building movement.
* Creep.
* Decennial liability.
* Defective Premises - Liability and Measure of Damages.
* Defective Premises Act.
* Defects certificate.
* Defects correction period.
* Defects date.
* Defects in brickwork.
* Defects in dot and dab.
* Defects in stonework.
* Defects liability period.
* Design liability.
* Dilapidations.
* Failure modes and effect analysis (FMEA).
* Failure of metals.
* Fit for purpose.
* Flat roof defects.
* Flooring defects.
* Forensic investigations: can we trust them?
* Guarantees.
* Housing defects.
* Latent defects.
* Making good.
* Material shortage.
* Opening up works for inspection and testing.
* Patent defects.
* Practical completion.
* Professional indemnity insurance.
* Punch list.
* Reasonable skill and care.
* Remedial work.
* Retention bond.
* Roofing defects.
* Schedule of defects.
* Shear strength.
* Tension.
* [[Why_do_buildings_crack%3F_(DG_361)|Why do buildings crack? (DG 361).]]
* Workmanship.

= External references =

* Blake-Turner & Co. Solicitors: Building defects; the legal position.

[[Category:Articles_needing_more_work]] [[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Contract vs tort

2020-01-04T15:49:09Z

Harchitine:

= Contract =

ARB Code of Conduct Standard 4.4 : You are expected to have a written agreement / contract with the client.

The classic 19th century definition of a contract is 'a promise or set of promises which the law will enforce' (Pollock, Principles of Contract 13th edition). That is to say, there is reciprocity of undertaking passing between the promisor and the promisee.

Three essential elements or a contract:

1. Agreement (offer and acceptance) : must be offer by one party + acceptance by the other

2. Intention : an intention that the agreement shall have legal consequences

3. Consideration : each party must give something or promise to give something in exchange for the other's act or promise

'Subject to contract' : Once an offer has been accepted by the seller, then the property is sold subject to contract. This means that although the offer has been accepted, the paperwork is not yet complete. No money will have changed hands yet, so nothing is legally binding and the price can still be negotiated.

Example : Blue v Ashley 2017 [EWHC] 1298 (Comm)

Mr Ashley, the head of Sports Direct had drunk 8 pints in a pub with employee Mr Blue and allegedly agreed to pay him £15m if the share price of the company increased by £8, which it did. Mr Blue sued him, Mr Ashley had made an offer that was intended to be bound by legal relations and that Mr Blue had accepted the offer. Judge dismissed the claim, since Mr Ashley did not intend to create legal relations and the pub is considered an 'unlikely setting' for a formal contract negotiation.

= Tort =

Tort, on the other hand, is generic in nature and therefore more difficult to define. It is a collection of civil law remedies entitling a person to recover damages for loss and injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.

= Differences =

In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement.

In tort, the rights and obligations are created by the courts applying common law, which has, on the basis of previous authority fallen into three distinct categories:

* Negligence.
* Nuisance.
* Trespass.

Historically, actions in contract and in tort derived from the same source - trespass - compared with actions for breach of a deed, which were based upon an action on the covenant. Actions for breach of contract were based on assumpsit and actions in tort were ex delicto. In the 17th century the courts began to draw procedural but not substantive distinctions between assumpsit and actions ex delicto.

These distinctions became substantive differences during the nineteenth century, reflecting the political social and economical philosophy of 'laissez-faire', which emphasised the importance of the legal doctrines of freedom of contract and sanctity of contract.

The area of tort which recently has been most exhaustively considered by the courts is negligence.

In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, Lord Justice Jackson described the difference as: “The law of tort or delict requires D (defendant) to refrain from injuring C’s (claimant) person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]

= Doctrine of Privity =

A contract cannot confer rights or impose obligations on any persons who is not party to the contract. See collateral warranty / third party acts.

= Terms of Building Contract vs Architects Appointment =

=== Terms of Building Contract ===

JCT / NEC3

* Scope of services
* Cost + terms of payment
* Variations
* Valuations
* Limitation period
* Extension of time
* Principal contractor obligations
* Latent Defects

=== Terms of Architects Appointment ===

RIBA Agreements 2010 (2012 revision)

* Scope of services
* Fees
* Net contribution clause
* Right to terminate
* Copyright
* Liable if project not completed on time / budget

= Related articles on Designing Buildings Wiki =

* Alternative dispute resolution.
* Adjudication.
* Arbitration.
* Breach of contract.
* Causes of construction disputes.
* Construction contract.
* Contract negotiation.
* Delict.
* Derogation from grant.
* Dispute resolution boards.
* Donoghue v Stevenson.
* Mediation.
* Modifying clauses in standard forms of contract.
* Negligence.
* Procurement
* Scheme for Construction Contracts.
* Strict liability.
* Trespass.

[[Category:Articles_needing_more_work]] [[Category:Case_law]] [[Category:Other_legislation]]

Contract vs tort

2020-01-04T15:40:14Z

Harchitine:

= Contract =

ARB Code of Conduct Standard 4.4 : You are expected to have a written agreement / contract with the client.

The classic 19th century definition of a contract is 'a promise or set of promises which the law will enforce' (Pollock, Principles of Contract 13th edition). That is to say, there is reciprocity of undertaking passing between the promisor and the promisee.

Three essential elements or a contract:

1. Agreement (offer and acceptance) : must be offer by one party + acceptance by the other

2. Intention : an intention that the agreement shall have legal consequences

3. Consideration : each party must give something or promise to give something in exchange for the other's act or promise

'Subject to contract' : Once an offer has been accepted by the seller, then the property is sold subject to contract. This means that although the offer has been accepted, the paperwork is not yet complete. No money will have changed hands yet, so nothing is legally binding and the price can still be negotiated.

Example : Blue v Ashley 2017 [EWHC] 1298 (Comm)

Mr Ashley, the head of Sports Direct had drunk 8 pints in a pub with employee Mr Blue and allegedly agreed to pay him £15m if the share price of the company increased by £8, which it did. Mr Blue sued him, Mr Ashley had made an offer that was intended to be bound by legal relations and that Mr Blue had accepted the offer. Judge dismissed the claim, since Mr Ashley did not intend to create legal relations and the pub is considered an 'unlikely setting' for a formal contract negotiation.

= Tort =

Tort, on the other hand, is generic in nature and therefore more difficult to define. It is a collection of civil law remedies entitling a person to recover damages for loss and injury which have been caused by the actions, omissions or statements of another person in such circumstances that the latter was in breach of a duty or obligation imposed at law.

= Differences =

In contract, the rights and obligations are created by the acts of agreement between the parties to the contractual arrangement.

In tort, the rights and obligations are created by the courts applying common law, which has, on the basis of previous authority fallen into three distinct categories:

* Negligence.
* Nuisance.
* Trespass.

Historically, actions in contract and in tort derived from the same source - trespass - compared with actions for breach of a deed, which were based upon an action on the covenant. Actions for breach of contract were based on assumpsit and actions in tort were ex delicto. In the 17th century the courts began to draw procedural but not substantive distinctions between assumpsit and actions ex delicto.

These distinctions became substantive differences during the nineteenth century, reflecting the political social and economical philosophy of 'laissez-faire', which emphasised the importance of the legal doctrines of freedom of contract and sanctity of contract.

The area of tort which recently has been most exhaustively considered by the courts is negligence.

In a lecture to the Technology & Construction Bar Association and the Society of Construction Law on 30th October 2014, Lord Justice Jackson described the difference as: “The law of tort or delict requires D (defendant) to refrain from injuring C’s (claimant) person or property, alternatively to compensate C for any injury or loss caused. The law of contract requires D to fulfil his promises to C or, in default, to make compensation.” Ref [https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf https://www.scl.org.uk/sites/default/files/Concurrent%20Liability_0.pdf]

= Doctrine of Privity =

A contract cannot confer rights or impose obligations on any persons who is not party to the contract. See collateral warranty / third party acts.

= Related articles on Designing Buildings Wiki =

* Alternative dispute resolution.
* Adjudication.
* Arbitration.
* Breach of contract.
* Causes of construction disputes.
* Construction contract.
* Contract negotiation.
* Delict.
* Derogation from grant.
* Dispute resolution boards.
* Donoghue v Stevenson.
* Mediation.
* Modifying clauses in standard forms of contract.
* Negligence.
* Procurement
* Scheme for Construction Contracts.
* Strict liability.
* Trespass.

[[Category:Articles_needing_more_work]] [[Category:Case_law]] [[Category:Other_legislation]]

Contract administrator for construction contracts

2020-01-04T14:58:26Z

Harchitine:

In the construction industry, the contract administrator is the individual responsible for administering the construction standard contracts.

The role of contract administrator is often carried out by the project architect, but could also be the lead consultant, the cost consultant, a specialist consultant, a client representative or employer's agent, the project manager or an engineer.

JCT SBC 2016 / Q refers to the role as Contract Administrator / Architect

RIBA Code of Professional Practice, Principle 2 - Competence : Members must apply informed and impartial judgement in reaching decisions, which may require balancing differing / opposing demands (for example the stakeholders' interests with the community's and the project's capital costs with its overall performance).

On a construction management contract, the role of contract administrator might be attributed to the construction manager, and on management contracts the management contractor will perform the role of contract administrator.

Contract administrators are appointed by the client, but when certifying or giving an assessment or decision, they should act honestly and reasonably and their decisions are open to challenge via the dispute resolution procedure unless the contract makes their decisions final and conclusive.

The contract administrator's role will generally include:

* Inviting and processing tenders.
* Preparing contract documents for execution.
* Administrating change control procedures.
* Seeking instructions from the client in relation to the contract.
* Issuing instructions such as variations, or relating to prime cost sums or making good defects : JCT SBC / Q 2016 clause 3.10 - The Contract Administrator / Architect has the sole power to issue instructions to the contractor
* Considering claims.
* Chairing construction progress meetings.
* Preparing and issuing construction progress reports.
* Co-ordinating and instructing site inspectors.
* Agreeing commissioning and testing procedures.
* Agreeing defects reporting procedures.
* Ensuring that project documentation is issued to the client.
* Issuing certificates of practical completion and interim certificates.
* Collating and issuing schedules of defects.
* Issuing the certificate of making good defects.
* Issuing the final certificate : JCT SBC / Q 2016 clause 2.30 CA / A issues a certificate when, in their opinion, practical completion has been achieved. This opinion must be based on established principles.

NB: On PFI (Private Finance Initiative) projects, there may also be an independent certifier who represents the project funder.

= Related articles on Designing Buildings Wiki =

* Architects instruction.
* Employers agent (design and build).
* Causes of construction disputes.
* Certificate of making good defects.
* Construction contract certificates, notices and instructions.
* Contract claims.
* Change control procedures.
* Construction progress reports.
* Construction contract.
* Contract conditions.
* Contract strategy.
* Defects.
* Extension of time.
* Final certificate
* Instruction.
* Interim payment.
* Liquidated damages.
* Loss and expense.
* Practical completion.
* Private finance initiative.
* Project monitoring.
* Site administrator.
* Tender.
* Variation.

[[Category:Construction_management]] [[Category:Contracts_/_payment]] [[Category:Procurement]] [[Category:Roles_/_services]]

Collateral warranties for building design and construction

2020-01-04T14:44:20Z

Harchitine:

For a detailed legal definition of collateral warranties, see Definition of collateral warranty.

= Introduction =

Collateral warranties are agreements which are associated with another 'primary' contract. They provide for a duty of care to be extended by one of the contracting parties to a third party who is not party to the original contract. In the JCT contracts, many are bespoke.

It is an agreement which refers specifically to a contract between a professional consultant, building contractor or subcontractor and a third party (e.g. funder, tenant, buyer etc). It is an agreement which generally warrants to a third party that it has complied with its appointment, building contract and subcontract.

They came into being as a result of the courts deciding that defects in buildings were not recoverable in tort, as they were an economic loss which was only recoverable through a contractual relationship. Collateral warranties therefore create direct contractual relationships between parties that would not otherwise exist.

A typical example would be where an architect of a new office development owes a duty of care to an occupier of the development in so far as any subsequent defects which may arise are concerned. Privity of contract rules would prevent any liability arising between the architect and occupier without the existence of a collateral warranty.

There may also be a contractual requirement for parties to obtain further warranties, for example there may be an obligation for the main contractor to obtain collateral warranties from sub-contractors.

Collateral warranties may include 'step-in' rights allowing the beneficiary to step-into the role of the client. This can be important, for example to banks providing funding for a project, enabling them to ensure that the project is completed if the client becomes insolvent.

There are a number of standard forms of collateral warranty (such as Joint Contracts Tribunal (JCT) collateral warranties), however there can be some dispute about their specific terms, with clients often claiming that industry standard warranties favour contractors and designers. There can also be difficulties with onerous terms that designers or contractors are unable to agree to as their insurers will not provide cover. As a consequence many collateral warranties are bespoke.

One of the disadvantages of collateral warranties is the difficulty in actually completing them. On large projects with many consultants and sub-contractors and multiple occupants, there can be a great number of warranties. The Contracts (Rights of Third Parties) Act can offer a way around this difficulty by allowing the primary contracts to confer benefits upon third parties even though they are not a party to that contract.

See also Practical considerations of collateral warranties.

= Execution =

JCT SBC 2016 / Q clause 7.6 : where the contract is executed as a deed (signed by the parties, witnessed and most importantly made clear that it is executed as a [https://www.designingbuildings.co.uk/wiki/Deed deed]), any collateral warranty to be entered into by the contractor shall be executed as a deed. Where the contract is executed under hand (a '[https://www.designingbuildings.co.uk/wiki/Simple_contract simple contract]' that is just signed by the parties), any such warranty may be executed under hand.

= Parkwood Leisure Limited v Laing =

In the case of Parkwood Leisure Limited v Laing O’Rourke Wales and West Limited in 2013, the judge found that Parkwood’s collateral warranty was a construction contract as the definitions were widely construed and The Housing Grants, Construction and Regeneration Act applies to all contracts related to the carrying out of construction operations.

The court’s decision is an unexpected one for practitioners who assumed the Act did not apply to warranties.

The Housing Grants, Construction and Regeneration Act (HGCRA) applies to collateral warranties, hence you have the right to adjudication.

Collateral warranties will now be subject to greater scrutiny in the light of this case. We may now see a resistance among contractors and consultants to grant warranties and a desire to perhaps restrict the number and scope of warranties so that their application is limited to be retrospective only. That inevitably means further complications for the negotiation and drafting of warranties resulting in protracted and costly negotiations.

The decision also raises speculation as to the application of the Act’s Scheme for Construction Contracts and payment provisions to warranties considered to be construction contracts.

The upshot of this could now see the rise of third party rights as circumventing the issues arising from this case. Could this spell the end of the widespread use of warranties which may finally be falling out of favour?

[[File:C_link_collateral_warranties.png|link=http://zpr.io/gr8Tm]]

= Related articles on Designing Buildings Wiki =

* Agency.
* Appointing consultants.
* Caveat emptor.
* Clause.
* Collateral.
* Concession Contracts Regulations.
* Consideration.
* Consultant switch.
* Construction contract.
* Contractual obligation.
* [[D%26F_Estates_Limited_and_Others_v_Church_Commissioners_for_England_and_others|D&F Estates Limited and Others v Church Commissioners for England and others]].
* Defects.
* Definition of collateral warranty.
* Delay analysis.
* Design and build.
* Design liability.
* Designers.
* Difference between collateral warranties and third party rights.
* Guarantees.
* Housing Grants, Construction and Regeneration Act.
* Insurance.
* Murphy v Brentwood District Council.
* Novation.
* Parkwood Leisure Limited v Laing.
* Parent company guarantee.
* Performance bond.
* Post-completion insurance.
* Practical considerations of collateral warranties.
* Professional appointments.
* Professional indemnity insurance.
* Reliance letter.
* Scheme for Construction Contracts.
* [[Squibb_Group_Ltd_v_London_Pleasure_Gardens_Ltd_%26_Anor|Squibb Group Ltd v London Pleasure Gardens Ltd & Anor 2013.]]
* Step-in rights.
* Sub contractors.
* Surety.
* The Contracts (Rights of Third Parties) Act.
* Warranty.

= External references =

* [http://www.legislation.gov.uk/ukpga/1999/31/contents The Contracts (Rights of Third Parties) Act].

[[Category:Articles_needing_more_work]] [[Category:Appointments]] [[Category:Contracts_/_payment]] [[Category:Procurement]]

Principal statutory considerations and constraints

2020-01-02T18:55:13Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

= RIBA WORK STAGES 0 AND 1 =

== Planning ==

At this stage the proposal should be discussed in principle with the local planning authority to reduce any future risk for the project.

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] ==

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

== [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]. 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] ==

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, so [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations] 2007 are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered throughout all work stages to reduce the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures].

== [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations 2007 and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] ==

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

== 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.

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation 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.

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to install and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== Easements ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light].

[https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light] : the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

== Access ==

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The client might consider appointing a Transport Consultant for larger, more complex projects.

== Rivers and waterways ==

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

== [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation. Decisions are based on the nature, extent and [https://www.designingbuildings.co.uk/wiki/Level level] of that significance, investigated to a degree proportionate to the importance of the [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage asset].

Wherever possible, [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage assets] are put to an appropriate and viable use that is consistent with their [https://www.designingbuildings.co.uk/wiki/Conservation conservation]. The positive contribution of such [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage assets] to local character and sense of [https://www.designingbuildings.co.uk/wiki/Place place] is recognised and valued.

[https://www.designingbuildings.co.uk/wiki/Consideration Consideration] of the historic [https://www.designingbuildings.co.uk/wiki/Environment environment] is integrated into [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policies], promoting place-shaping.

= RIBA WORK STAGES 2 AND 3 =

== [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning Permission] ==

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]).

[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 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].

== [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] Impact Assessment ==

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 ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications (major projects). The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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

== Building Control ==

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

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.

On small [https://www.designingbuildings.co.uk/wiki/Project projects], or when changes are made to an existing [https://www.designingbuildings.co.uk/wiki/Building building], [https://www.designingbuildings.co.uk/wiki/Approvals approval] may be sought by giving a '[https://www.designingbuildings.co.uk/wiki/Building_notice building notice]'. In this case, a [https://www.designingbuildings.co.uk/wiki/Building_inspector building inspector] will approve the [https://www.designingbuildings.co.uk/wiki/Works works] as they are carried out by a process of [https://www.designingbuildings.co.uk/wiki/Inspection inspection]. This does leave the [https://www.designingbuildings.co.uk/wiki/Clients client] at [https://www.designingbuildings.co.uk/wiki/Risk risk] that completed [https://www.designingbuildings.co.uk/wiki/Works works] might not be approved, resulting in remedial [https://www.designingbuildings.co.uk/wiki/Cost costs].

== Fire ==

Ensure that the building complies with the Fire Precautions Act 1971 and the Regulatory Reform (Fire Safety) Order 2005 (does not apply to domestic buildings). A fire strategy should also be discussed with the fire authority.

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations] 2007 (appoint CDM Co-ordinator) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are assessed through all work stages to reduce [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures].

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T18:50:16Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

= RIBA WORK STAGES 0 AND 1 =

== Planning ==

At this stage the proposal should be discussed in principle with the local planning authority to reduce any future risk for the project.

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] ==

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

== [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]. 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] ==

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, so [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations] 2007 are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered throughout all work stages to reduce the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures].

== [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations 2007 and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] ==

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

== 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.

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation 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.

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to install and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== Easements ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light].

[https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light] : the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

== Access ==

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The client might consider appointing a Transport Consultant for larger, more complex projects.

== Rivers and waterways ==

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

== [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation. Decisions are based on the nature, extent and [https://www.designingbuildings.co.uk/wiki/Level level] of that significance, investigated to a degree proportionate to the importance of the [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage asset].

Wherever possible, [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage assets] are put to an appropriate and viable use that is consistent with their [https://www.designingbuildings.co.uk/wiki/Conservation conservation]. The positive contribution of such [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage assets] to local character and sense of [https://www.designingbuildings.co.uk/wiki/Place place] is recognised and valued.

[https://www.designingbuildings.co.uk/wiki/Consideration Consideration] of the historic [https://www.designingbuildings.co.uk/wiki/Environment environment] is integrated into [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policies], promoting place-shaping.

= RIBA WORK STAGES 2 AND 3 =

== [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning Permission] ==

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]).

[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.

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].

== [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] Impact Assessment ==

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 ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications (major projects). The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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

== Building Control ==

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

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.

On small [https://www.designingbuildings.co.uk/wiki/Project projects], or when changes are made to an existing [https://www.designingbuildings.co.uk/wiki/Building building], [https://www.designingbuildings.co.uk/wiki/Approvals approval] may be sought by giving a '[https://www.designingbuildings.co.uk/wiki/Building_notice building notice]'. In this case, a [https://www.designingbuildings.co.uk/wiki/Building_inspector building inspector] will approve the [https://www.designingbuildings.co.uk/wiki/Works works] as they are carried out by a process of [https://www.designingbuildings.co.uk/wiki/Inspection inspection]. This does leave the [https://www.designingbuildings.co.uk/wiki/Clients client] at [https://www.designingbuildings.co.uk/wiki/Risk risk] that completed [https://www.designingbuildings.co.uk/wiki/Works works] might not be approved, resulting in remedial [https://www.designingbuildings.co.uk/wiki/Cost costs].

== Fire ==

Ensure that the building complies with the Fire Precautions Act 1971 and the Regulatory Reform (Fire Safety) Order 2005 (does not apply to domestic buildings). A fire strategy should also be discussed with the fire authority.

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations] 2007 (appoint CDM Co-ordinator) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are assessed through all work stages to reduce [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures].

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T18:42:22Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

= RIBA WORK STAGES 0 AND 1 =

== Planning ==

At this stage the proposal should be discussed in principle with the local planning authority to reduce any future risk for the project.

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.

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

== [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/Listed_buildings Listed buildings] ==

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, so [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations] 2007 are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered throughout all work stages to reduce the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures].

== [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations 2007 and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] ==

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

== 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.

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation 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.

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to install and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== Easements ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light].

[https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light] : the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

== Access ==

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The client might consider appointing a Transport Consultant for larger, more complex projects.

== Rivers and waterways ==

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

== [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation. Decisions are based on the nature, extent and [https://www.designingbuildings.co.uk/wiki/Level level] of that significance, investigated to a degree proportionate to the importance of the [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage asset].

Wherever possible, [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage assets] are put to an appropriate and viable use that is consistent with their [https://www.designingbuildings.co.uk/wiki/Conservation conservation]. The positive contribution of such [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage assets] to local character and sense of [https://www.designingbuildings.co.uk/wiki/Place place] is recognised and valued.

[https://www.designingbuildings.co.uk/wiki/Consideration Consideration] of the historic [https://www.designingbuildings.co.uk/wiki/Environment environment] is integrated into [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policies], promoting place-shaping.

= RIBA WORK STAGES 2 AND 3 =

== [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning Permission] ==

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]).

[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.

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].

== [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] Impact Assessment ==

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 ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications (major projects). The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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

== Building Control ==

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

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.

On small [https://www.designingbuildings.co.uk/wiki/Project projects], or when changes are made to an existing [https://www.designingbuildings.co.uk/wiki/Building building], [https://www.designingbuildings.co.uk/wiki/Approvals approval] may be sought by giving a '[https://www.designingbuildings.co.uk/wiki/Building_notice building notice]'. In this case, a [https://www.designingbuildings.co.uk/wiki/Building_inspector building inspector] will approve the [https://www.designingbuildings.co.uk/wiki/Works works] as they are carried out by a process of [https://www.designingbuildings.co.uk/wiki/Inspection inspection]. This does leave the [https://www.designingbuildings.co.uk/wiki/Clients client] at [https://www.designingbuildings.co.uk/wiki/Risk risk] that completed [https://www.designingbuildings.co.uk/wiki/Works works] might not be approved, resulting in remedial [https://www.designingbuildings.co.uk/wiki/Cost costs].

== Fire ==

Ensure that the building complies with the Fire Precautions Act 1971 and the Regulatory Reform (Fire Safety) Order 2005 (does not apply to domestic buildings). A fire strategy should also be discussed with the fire authority.

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations] 2007 (appoint CDM Co-ordinator) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are assessed through all work stages to reduce [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures].

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T18:39:31Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

= RIBA WORK STAGES 0 AND 1 =

== Planning ==

At this stage the proposal should be discussed in principle with the local planning authority to reduce any future risk for the project.

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.

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

== [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/Listed_buildings Listed buildings] ==

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, so [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations] 2007 are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered throughout all work stages to reduce the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures].

== [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations 2007 and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] ==

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

== 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.

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation 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.

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to install and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== Easements ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light].

[https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light] : the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

== Access ==

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The client might consider appointing a Transport Consultant for larger, more complex projects.

== Rivers and waterways ==

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

== [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation. Decisions are based on the nature, extent and [https://www.designingbuildings.co.uk/wiki/Level level] of that significance, investigated to a degree proportionate to the importance of the [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage asset].

Wherever possible, [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage assets] are put to an appropriate and viable use that is consistent with their [https://www.designingbuildings.co.uk/wiki/Conservation conservation]. The positive contribution of such [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage assets] to local character and sense of [https://www.designingbuildings.co.uk/wiki/Place place] is recognised and valued.

[https://www.designingbuildings.co.uk/wiki/Consideration Consideration] of the historic [https://www.designingbuildings.co.uk/wiki/Environment environment] is integrated into [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policies], promoting place-shaping.

= RIBA WORK STAGES 2 AND 3 =

== [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning Permission] ==

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]).

[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.

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].

== [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] Impact Assessment ==

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.

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications (major projects). The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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 ==

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.

On small [https://www.designingbuildings.co.uk/wiki/Project projects], or when changes are made to an existing [https://www.designingbuildings.co.uk/wiki/Building building], [https://www.designingbuildings.co.uk/wiki/Approvals approval] may be sought by giving a '[https://www.designingbuildings.co.uk/wiki/Building_notice building notice]'. In this case, a [https://www.designingbuildings.co.uk/wiki/Building_inspector building inspector] will approve the [https://www.designingbuildings.co.uk/wiki/Works works] as they are carried out by a process of [https://www.designingbuildings.co.uk/wiki/Inspection inspection]. This does leave the [https://www.designingbuildings.co.uk/wiki/Clients client] at [https://www.designingbuildings.co.uk/wiki/Risk risk] that completed [https://www.designingbuildings.co.uk/wiki/Works works] might not be approved, resulting in remedial [https://www.designingbuildings.co.uk/wiki/Cost costs].

== Fire ==

Ensure that the building complies with the Fire Precautions Act 1971 and the Regulatory Reform (Fire Safety) Order 2005 (does not apply to domestic buildings). A fire strategy should also be discussed with the fire authority.

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations] 2007 (appoint CDM Co-ordinator) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are assessed through all work stages to reduce [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures].

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T18:34:13Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

= RIBA WORK STAGES 0 AND 1 =

== Planning ==

At this stage the proposal should be discussed in principle with the local planning authority to reduce any future risk for the project.

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.

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

== [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/Listed_buildings Listed buildings] ==

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, so [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations] 2007 are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered throughout all work stages to reduce the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures].

=== [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ===

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations 2007 and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] ==

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

== 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.

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to install and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== Easements ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

== Access ==

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The client might consider appointing a Transport Consultant for larger, more complex projects.

== Rivers and waterways ==

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

== [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation. Decisions are based on the nature, extent and [https://www.designingbuildings.co.uk/wiki/Level level] of that significance, investigated to a degree proportionate to the importance of the [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage asset].

Wherever possible, [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage assets] are put to an appropriate and viable use that is consistent with their [https://www.designingbuildings.co.uk/wiki/Conservation conservation]. The positive contribution of such [https://www.designingbuildings.co.uk/wiki/Heritage_asset heritage assets] to local character and sense of [https://www.designingbuildings.co.uk/wiki/Place place] is recognised and valued.

[https://www.designingbuildings.co.uk/wiki/Consideration Consideration] of the historic [https://www.designingbuildings.co.uk/wiki/Environment environment] is integrated into [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policies], promoting place-shaping.

= RIBA WORK STAGES 2 AND 3 =

== [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning Permission] ==

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]).

[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.

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].

== [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] Impact Assessment ==

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.

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications (major projects). The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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 ==

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.

On small [https://www.designingbuildings.co.uk/wiki/Project projects], or when changes are made to an existing [https://www.designingbuildings.co.uk/wiki/Building building], [https://www.designingbuildings.co.uk/wiki/Approvals approval] may be sought by giving a '[https://www.designingbuildings.co.uk/wiki/Building_notice building notice]'. In this case, a [https://www.designingbuildings.co.uk/wiki/Building_inspector building inspector] will approve the [https://www.designingbuildings.co.uk/wiki/Works works] as they are carried out by a process of [https://www.designingbuildings.co.uk/wiki/Inspection inspection]. This does leave the [https://www.designingbuildings.co.uk/wiki/Clients client] at [https://www.designingbuildings.co.uk/wiki/Risk risk] that completed [https://www.designingbuildings.co.uk/wiki/Works works] might not be approved, resulting in remedial [https://www.designingbuildings.co.uk/wiki/Cost costs].

== Fire ==

Ensure that the building complies with the Fire Precautions Act 1971 and the Regulatory Reform (Fire Safety) Order 2005 (does not apply to domestic buildings). A fire strategy should also be discussed with the fire authority.

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations] 2007 (appoint CDM Co-ordinator) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are assessed through all work stages to reduce [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures].

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T17:47:23Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

= RIBA WORK STAGES 0 AND 1 =

== Planning ==

At this stage the proposal should be discussed in principle with the local planning authority to reduce any future risk for the project.

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.

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

== [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/Listed_buildings Listed buildings] ==

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, so [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to install and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== Easements ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

== [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

== Access ==

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

== [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] ==

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

== Rivers and waterways ==

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= RIBA WORK STAGES 2 AND 3 =

== [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning Permission] ==

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]).

[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.

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].

== [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] Impact Assessment ==

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.

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T17:39:30Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

= RIBA WORK STAGES 0 AND 1 =

== Planning ==

At this stage the proposal should be discussed in principle with the local planning authority to reduce any future risk for the project.

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.

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

== [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/Listed_buildings Listed buildings] ==

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to install and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== Easements ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

== [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

== Access ==

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

== [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] ==

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

== Rivers and waterways ==

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= RIBA WORK STAGES 2 AND 3 =

== [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning Permission] ==

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]).

[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.

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].

== [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] Impact Assessment ==

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.

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Section 106 Agreements ==

The [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]) suggests that a [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligation] is, 'a legally enforceable obligation entered into under [https://www.designingbuildings.co.uk/wiki/Section_106 section 106] of the [https://www.designingbuildings.co.uk/wiki/Town_and_Country_Planning_Act_1990 Town and Country Planning Act 1990] to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] the impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] [https://www.designingbuildings.co.uk/wiki/Proposals proposal].'

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They are intended to make acceptable [https://www.designingbuildings.co.uk/wiki/Development developments] which would otherwise be unacceptable by offsetting the impact by making local improvements. Because they apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T17:30:13Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

= RIBA WORK STAGES 0 AND 1 =

== Planning ==

At this stage the proposal should be discussed in principle with the local planning authority to reduce any future risk for the project.

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.

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

== [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/Listed_buildings Listed buildings] ==

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to install and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== Easements ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

== [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

== Access ==

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

== [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] ==

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

== Rivers and waterways ==

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= RIBA WORK STAGES 2 AND 3 =

== [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] Impact Assessment ==

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.

== [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning Permission] ==

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]).

[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.

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].

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Section 106 Agreements ==

The [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]) suggests that a [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligation] is, 'a legally enforceable obligation entered into under [https://www.designingbuildings.co.uk/wiki/Section_106 section 106] of the [https://www.designingbuildings.co.uk/wiki/Town_and_Country_Planning_Act_1990 Town and Country Planning Act 1990] to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] the impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] [https://www.designingbuildings.co.uk/wiki/Proposals proposal].'

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They are intended to make acceptable [https://www.designingbuildings.co.uk/wiki/Development developments] which would otherwise be unacceptable by offsetting the impact by making local improvements. Because they apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T16:32:33Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

= RIBA WORK STAGES 0 AND 1 =

== Planning ==

At this stage the proposal should be discussed in principle with the local planning authority to reduce any future risk for the project.

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.

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

== [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/Listed_buildings Listed buildings] ==

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to install and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== Easements ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

== [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

== Access ==

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

== [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] ==

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

== Rivers and waterways ==

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= RIBA WORK STAGES 2 AND 3 =

== [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] Impact Assessment ==

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.

== [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning Permission] ==

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Section 106 Agreements ==

The [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]) suggests that a [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligation] is, 'a legally enforceable obligation entered into under [https://www.designingbuildings.co.uk/wiki/Section_106 section 106] of the [https://www.designingbuildings.co.uk/wiki/Town_and_Country_Planning_Act_1990 Town and Country Planning Act 1990] to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] the impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] [https://www.designingbuildings.co.uk/wiki/Proposals proposal].'

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They are intended to make acceptable [https://www.designingbuildings.co.uk/wiki/Development developments] which would otherwise be unacceptable by offsetting the impact by making local improvements. Because they apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T16:26:21Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

= RIBA WORK STAGES 0 AND 1 =

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

== [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/Listed_buildings Listed buildings] ==

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to install and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== Easements ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

== [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

== Access ==

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

== [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] assessment ==

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.

== [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] ==

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

== Rivers and waterways ==

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

== [https://www.designingbuildings.co.uk/wiki/Cdm CDM] ==

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= RIBA WORK STAGES 2 AND 3 =

= [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning permission] =

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Section 106 Agreements ==

The [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]) suggests that a [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligation] is, 'a legally enforceable obligation entered into under [https://www.designingbuildings.co.uk/wiki/Section_106 section 106] of the [https://www.designingbuildings.co.uk/wiki/Town_and_Country_Planning_Act_1990 Town and Country Planning Act 1990] to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] the impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] [https://www.designingbuildings.co.uk/wiki/Proposals proposal].'

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They are intended to make acceptable [https://www.designingbuildings.co.uk/wiki/Development developments] which would otherwise be unacceptable by offsetting the impact by making local improvements. Because they apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T16:23:21Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

= RIBA WORK STAGES 0 AND 1 =

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

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

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [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/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

= [https://www.designingbuildings.co.uk/wiki/Easements Easements] =

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to instal and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== [https://www.designingbuildings.co.uk/wiki/Rights_of_way Right of Way] / R[https://www.designingbuildings.co.uk/wiki/Rights_of_light ight of Light] ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

= [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] =

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

= Access =

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

= [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] assessment =

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.

= [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] =

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

= [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains =

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

= Rivers and waterways =

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

= [https://www.designingbuildings.co.uk/wiki/Cdm CDM] =

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= RIBA WORK STAGES 2 AND 3 =

= [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning permission] =

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Section 106 Agreements ==

The [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]) suggests that a [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligation] is, 'a legally enforceable obligation entered into under [https://www.designingbuildings.co.uk/wiki/Section_106 section 106] of the [https://www.designingbuildings.co.uk/wiki/Town_and_Country_Planning_Act_1990 Town and Country Planning Act 1990] to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] the impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] [https://www.designingbuildings.co.uk/wiki/Proposals proposal].'

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They are intended to make acceptable [https://www.designingbuildings.co.uk/wiki/Development developments] which would otherwise be unacceptable by offsetting the impact by making local improvements. Because they apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T16:11:38Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

= [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning permission] =

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Section 106 Agreements ==

The [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]) suggests that a [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligation] is, 'a legally enforceable obligation entered into under [https://www.designingbuildings.co.uk/wiki/Section_106 section 106] of the [https://www.designingbuildings.co.uk/wiki/Town_and_Country_Planning_Act_1990 Town and Country Planning Act 1990] to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] the impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] [https://www.designingbuildings.co.uk/wiki/Proposals proposal].'

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They are intended to make acceptable [https://www.designingbuildings.co.uk/wiki/Development developments] which would otherwise be unacceptable by offsetting the impact by making local improvements. Because they apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

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

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [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/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== Decisions ==

Delegated powers : Minor projects, no objections, meets criteria set out in Local Development Plan

Planning committee : Large, complex or controversial, or those requested by an objector or member of the council to be taken to committee.

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

= [https://www.designingbuildings.co.uk/wiki/Easements Easements] =

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to instal and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== [https://www.designingbuildings.co.uk/wiki/Rights_of_way Right of Way] / R[https://www.designingbuildings.co.uk/wiki/Rights_of_light ight of Light] ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

= [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] =

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

= Access =

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

= [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] assessment =

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.

= [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] =

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

= [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains =

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

= Rivers and waterways =

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

= [https://www.designingbuildings.co.uk/wiki/Cdm CDM] =

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= Related articles on [https://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] =

* [https://www.designingbuildings.co.uk/wiki/Adjoining_buildings_definition Adjoining buildings definition].
* [https://www.designingbuildings.co.uk/wiki/Appointing_consultants Appointing consultants].
* [https://www.designingbuildings.co.uk/wiki/Basement_excavation Basement excavation].
* [https://www.designingbuildings.co.uk/wiki/Building_an_extension Building an extension].
* [https://www.designingbuildings.co.uk/wiki/Conversion Conversion].
* [https://www.designingbuildings.co.uk/wiki/De_minimis De minimis].
* [https://www.designingbuildings.co.uk/wiki/Derogation_from_grant Derogation from grant].
* [https://www.designingbuildings.co.uk/wiki/Fence Fence].
* [https://www.designingbuildings.co.uk/wiki/Line_of_junction_notice Line of junction notice].
* [https://www.designingbuildings.co.uk/wiki/Load-bearing_wall Load-bearing wall].
* [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbour].
* [https://www.designingbuildings.co.uk/wiki/Party_structure_notice Party structure notice].
* [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor Party wall surveyor].
* [https://www.designingbuildings.co.uk/wiki/Preventing_wall_collapse Preventing wall collapse].
* [https://www.designingbuildings.co.uk/wiki/Responsibility_for_boundary_features Responsibility for boundary features].
* [https://www.designingbuildings.co.uk/wiki/Rights_of_support Right of support].
* [https://www.designingbuildings.co.uk/wiki/Statutory_approvals Statutory approvals].
* [https://www.designingbuildings.co.uk/wiki/Statutory_authorities Statutory authorities].
* [https://www.designingbuildings.co.uk/wiki/Trespass Trespass].
* [https://www.designingbuildings.co.uk/wiki/Wall_types Wall types].
* [https://www.designingbuildings.co.uk/wiki/What_approvals_are_needed_before_construction_begins What approvals are needed before construction begins].

= External references =

* [http://www.communities.gov.uk/publications/planningandbuilding/partywall Department for Communities and Local Government guidance on party walls].
* [http://www.legislation.gov.uk/ukpga/1996/40/contents The Act in full.]
* [http://www.bailii.org/ew/cases/EWHC/TCC/2015/47.html Chliaifchtein v Wainbridge Estates Belgravia Ltd 2015].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T16:06:37Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

= [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning permission] =

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Section 106 Agreements ==

The [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]) suggests that a [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligation] is, 'a legally enforceable obligation entered into under [https://www.designingbuildings.co.uk/wiki/Section_106 section 106] of the [https://www.designingbuildings.co.uk/wiki/Town_and_Country_Planning_Act_1990 Town and Country Planning Act 1990] to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] the impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] [https://www.designingbuildings.co.uk/wiki/Proposals proposal].'

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They are intended to make acceptable [https://www.designingbuildings.co.uk/wiki/Development developments] which would otherwise be unacceptable by offsetting the impact by making local improvements. Because they apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

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

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [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/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== Appeals ==

There is liaison and discussion prior to appeal; the process requires no fee, however each party will be responsible for preparatory costs.

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

Hearings : 42 weeks

Enquiries : 36 weeks

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

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

= [https://www.designingbuildings.co.uk/wiki/Easements Easements] =

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to instal and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== [https://www.designingbuildings.co.uk/wiki/Rights_of_way Right of Way] / R[https://www.designingbuildings.co.uk/wiki/Rights_of_light ight of Light] ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

= [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] =

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

= Access =

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

= [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] assessment =

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.

= [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] =

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

= [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains =

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

= Rivers and waterways =

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

= [https://www.designingbuildings.co.uk/wiki/Cdm CDM] =

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= Related articles on [https://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] =

* [https://www.designingbuildings.co.uk/wiki/Adjoining_buildings_definition Adjoining buildings definition].
* [https://www.designingbuildings.co.uk/wiki/Appointing_consultants Appointing consultants].
* [https://www.designingbuildings.co.uk/wiki/Basement_excavation Basement excavation].
* [https://www.designingbuildings.co.uk/wiki/Building_an_extension Building an extension].
* [https://www.designingbuildings.co.uk/wiki/Conversion Conversion].
* [https://www.designingbuildings.co.uk/wiki/De_minimis De minimis].
* [https://www.designingbuildings.co.uk/wiki/Derogation_from_grant Derogation from grant].
* [https://www.designingbuildings.co.uk/wiki/Fence Fence].
* [https://www.designingbuildings.co.uk/wiki/Line_of_junction_notice Line of junction notice].
* [https://www.designingbuildings.co.uk/wiki/Load-bearing_wall Load-bearing wall].
* [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbour].
* [https://www.designingbuildings.co.uk/wiki/Party_structure_notice Party structure notice].
* [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor Party wall surveyor].
* [https://www.designingbuildings.co.uk/wiki/Preventing_wall_collapse Preventing wall collapse].
* [https://www.designingbuildings.co.uk/wiki/Responsibility_for_boundary_features Responsibility for boundary features].
* [https://www.designingbuildings.co.uk/wiki/Rights_of_support Right of support].
* [https://www.designingbuildings.co.uk/wiki/Statutory_approvals Statutory approvals].
* [https://www.designingbuildings.co.uk/wiki/Statutory_authorities Statutory authorities].
* [https://www.designingbuildings.co.uk/wiki/Trespass Trespass].
* [https://www.designingbuildings.co.uk/wiki/Wall_types Wall types].
* [https://www.designingbuildings.co.uk/wiki/What_approvals_are_needed_before_construction_begins What approvals are needed before construction begins].

= External references =

* [http://www.communities.gov.uk/publications/planningandbuilding/partywall Department for Communities and Local Government guidance on party walls].
* [http://www.legislation.gov.uk/ukpga/1996/40/contents The Act in full.]
* [http://www.bailii.org/ew/cases/EWHC/TCC/2015/47.html Chliaifchtein v Wainbridge Estates Belgravia Ltd 2015].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T15:55:48Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

= [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning permission] =

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

NB: Where [https://www.designingbuildings.co.uk/wiki/Demolition_work demolition work] is proposed, the [https://www.designingbuildings.co.uk/wiki/Owner owner] must give the [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Building_control building control] department six weeks [https://www.designingbuildings.co.uk/wiki/Notice notice] under [https://www.designingbuildings.co.uk/wiki/Section Section] 80 of [http://www.legislation.gov.uk/ukpga/1984/55 the Building Act]

== Section 106 Agreements ==

The [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]) suggests that a [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligation] is, 'a legally enforceable obligation entered into under [https://www.designingbuildings.co.uk/wiki/Section_106 section 106] of the [https://www.designingbuildings.co.uk/wiki/Town_and_Country_Planning_Act_1990 Town and Country Planning Act 1990] to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] the impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] [https://www.designingbuildings.co.uk/wiki/Proposals proposal].'

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They are intended to make acceptable [https://www.designingbuildings.co.uk/wiki/Development developments] which would otherwise be unacceptable by offsetting the impact by making local improvements. Because they apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

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

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [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/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

= [https://www.designingbuildings.co.uk/wiki/Easements Easements] =

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to instal and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== [https://www.designingbuildings.co.uk/wiki/Rights_of_way Right of Way] / R[https://www.designingbuildings.co.uk/wiki/Rights_of_light ight of Light] ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

= [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] =

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

= Access =

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

= [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] assessment =

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.

= [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] =

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

= [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains =

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

= Rivers and waterways =

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

= [https://www.designingbuildings.co.uk/wiki/Cdm CDM] =

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= Related articles on [https://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] =

* [https://www.designingbuildings.co.uk/wiki/Adjoining_buildings_definition Adjoining buildings definition].
* [https://www.designingbuildings.co.uk/wiki/Appointing_consultants Appointing consultants].
* [https://www.designingbuildings.co.uk/wiki/Basement_excavation Basement excavation].
* [https://www.designingbuildings.co.uk/wiki/Building_an_extension Building an extension].
* [https://www.designingbuildings.co.uk/wiki/Conversion Conversion].
* [https://www.designingbuildings.co.uk/wiki/De_minimis De minimis].
* [https://www.designingbuildings.co.uk/wiki/Derogation_from_grant Derogation from grant].
* [https://www.designingbuildings.co.uk/wiki/Fence Fence].
* [https://www.designingbuildings.co.uk/wiki/Line_of_junction_notice Line of junction notice].
* [https://www.designingbuildings.co.uk/wiki/Load-bearing_wall Load-bearing wall].
* [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbour].
* [https://www.designingbuildings.co.uk/wiki/Party_structure_notice Party structure notice].
* [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor Party wall surveyor].
* [https://www.designingbuildings.co.uk/wiki/Preventing_wall_collapse Preventing wall collapse].
* [https://www.designingbuildings.co.uk/wiki/Responsibility_for_boundary_features Responsibility for boundary features].
* [https://www.designingbuildings.co.uk/wiki/Rights_of_support Right of support].
* [https://www.designingbuildings.co.uk/wiki/Statutory_approvals Statutory approvals].
* [https://www.designingbuildings.co.uk/wiki/Statutory_authorities Statutory authorities].
* [https://www.designingbuildings.co.uk/wiki/Trespass Trespass].
* [https://www.designingbuildings.co.uk/wiki/Wall_types Wall types].
* [https://www.designingbuildings.co.uk/wiki/What_approvals_are_needed_before_construction_begins What approvals are needed before construction begins].

= External references =

* [http://www.communities.gov.uk/publications/planningandbuilding/partywall Department for Communities and Local Government guidance on party walls].
* [http://www.legislation.gov.uk/ukpga/1996/40/contents The Act in full.]
* [http://www.bailii.org/ew/cases/EWHC/TCC/2015/47.html Chliaifchtein v Wainbridge Estates Belgravia Ltd 2015].

[[Category:Articles_needing_more_work]]

How long it takes to get building regulations approval and how long it lasts

2020-01-02T15:44:04Z

Harchitine:

= Introduction =

There are two types of building regulations application:

Full plans application: Generally on larger, new-build projects, a 'full plans' application will be made, meaning that full details of the proposed building works are submitted for approval before the works are carried out.

Building notice application: On small projects, or when changes are made to an existing building, approval may be sought by giving a 'building notice'. In this case, a building inspector will approve the works as they are carried out by a process of inspection. This does leave the client at risk that completed works might not be approved, resulting in remedial costs.

= Full plans application =

A decision should be received within 5 weeks for a full plans application. However, this may be extended to 2 months by agreement. It is necessary then to give the building control body two working days notice before commencing the works.

It is permissible to begin works before approval has been received, however, if the works are subsequently found not to comply with the building regulations, they may have to be altered or removed.

The approval lasts for three years, within which time the building work must commence, or a fresh application will be required. This can be very important given the speed at which the regulations change, meaning that a building which has been approved, but construction has not begun, may need to be re-designed to satisfy the new regulations.

Once the construction works have commenced, and the building control body has undertaken a commencement inspection, the approval lasts indefinitely.

A completion certificate should be received within 8 weeks of completion of the building work if it complies with the regulations.

= Building notice application =

Works under a building notice application may begin as soon as the notice has been accepted. This is usually within 2 days.

The notice is valid for three years, after which it will lapse if the building work has not commenced. Once the works have commenced, the notice lasts indefinitely.

No completion certificate is issued as no plans have been submitted.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Approved documents.
* Approved inspector.
* Building control body.
* Building notice.
* Building regulations.
* Competent person schemes.
* Full plans.
* Local authority.
* The Building Act.
* The difference between planning permission building regulations approval.

[[Category:Regulations]]

How long it takes to get building regulations approval and how long it lasts

2020-01-02T15:43:36Z

Harchitine:

= Introduction =

There are two types of building regulations application:

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

Building notice application: On small projects, or when changes are made to an existing building, approval may be sought by giving a 'building notice'. In this case, a building inspector will approve the works as they are carried out by a process of inspection. This does leave the client at risk that completed works might not be approved, resulting in remedial costs.

= Full plans application =

A decision should be received within 5 weeks for a full plans application. However, this may be extended to 2 months by agreement. It is necessary then to give the building control body two working days notice before commencing the works.

It is permissible to begin works before approval has been received, however, if the works are subsequently found not to comply with the building regulations, they may have to be altered or removed.

The approval lasts for three years, within which time the building work must commence, or a fresh application will be required. This can be very important given the speed at which the regulations change, meaning that a building which has been approved, but construction has not begun, may need to be re-designed to satisfy the new regulations.

Once the construction works have commenced, and the building control body has undertaken a commencement inspection, the approval lasts indefinitely.

A completion certificate should be received within 8 weeks of completion of the building work if it complies with the regulations.

= Building notice application =

Works under a building notice application may begin as soon as the notice has been accepted. This is usually within 2 days.

The notice is valid for three years, after which it will lapse if the building work has not commenced. Once the works have commenced, the notice lasts indefinitely.

No completion certificate is issued as no plans have been submitted.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Approved documents.
* Approved inspector.
* Building control body.
* Building notice.
* Building regulations.
* Competent person schemes.
* Full plans.
* Local authority.
* The Building Act.
* The difference between planning permission building regulations approval.

[[Category:Regulations]]

How long it takes to get building regulations approval and how long it lasts

2020-01-02T15:42:54Z

Harchitine:

= Introduction =

There are two types of building regulations application:

* Full plans application: Generally on larger, new[https://www.designingbuildings.co.uk/wiki/New-build -]build projects, a 'full plans' application will be made, meaning that full details of the proposed building works are submitted for approval before the works are carried out.
* Building notice application: On small projects, or when changes are made to an existing building, approval may be sought by giving a 'building notice'. In this case, a building inspector will approve the works as they are carried out by a process of inspection. This does leave the client at risk that completed works might not be approved, resulting in remedial costs.

= Full plans application =

A decision should be received within 5 weeks for a full plans application. However, this may be extended to 2 months by agreement. It is necessary then to give the building control body two working days notice before commencing the works.

It is permissible to begin works before approval has been received, however, if the works are subsequently found not to comply with the building regulations, they may have to be altered or removed.

The approval lasts for three years, within which time the building work must commence, or a fresh application will be required. This can be very important given the speed at which the regulations change, meaning that a building which has been approved, but construction has not begun, may need to be re-designed to satisfy the new regulations.

Once the construction works have commenced, and the building control body has undertaken a commencement inspection, the approval lasts indefinitely.

A completion certificate should be received within 8 weeks of completion of the building work if it complies with the regulations.

= Building notice application =

Works under a building notice application may begin as soon as the notice has been accepted. This is usually within 2 days.

The notice is valid for three years, after which it will lapse if the building work has not commenced. Once the works have commenced, the notice lasts indefinitely.

No completion certificate is issued as no plans have been submitted.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Approved documents.
* Approved inspector.
* Building control body.
* Building notice.
* Building regulations.
* Competent person schemes.
* Full plans.
* Local authority.
* The Building Act.
* The difference between planning permission building regulations approval.

[[Category:Regulations]]

How long it takes to get building regulations approval and how long it lasts

2020-01-02T15:41:56Z

Harchitine:

= Introduction =

There are two types of building regulations application:

* Full plans application: Generally on larger, new[https://www.designingbuildings.co.uk/wiki/New-build -]build projects, a 'full plans' application will be made, meaning that full details of the proposed building works are submitted for approval before the works are carried out.
* Building notice application: On small projects, or when changes are made to an existing building, approval may be sought by giving a 'building notice'. In this case, a building [https://www.designingbuildings.co.uk/wiki/Building_inspector ]inspector will approve the works as they are carried out by a process of inspection. This does leave the client at risk that completed works might not be approved, resulting in remedial costs.

= Full plans application =

A decision should be received within 5 weeks for a full plans application. However, this may be extended to 2 months by agreement. It is necessary then to give the building control body two working days notice before commencing the works.

It is permissible to begin works before approval has been received, however, if the works are subsequently found not to comply with the building regulations, they may have to be altered or removed.

The approval lasts for three years, within which time the building work must commence, or a fresh application will be required. This can be very important given the speed at which the regulations change, meaning that a building which has been approved, but construction has not begun, may need to be re-designed to satisfy the new regulations.

Once the construction works have commenced, and the building control body has undertaken a commencement inspection, the approval lasts indefinitely.

A completion certificate should be received within 8 weeks of completion of the building work if it complies with the regulations.

= Building notice application =

Works under a building notice application may begin as soon as the notice has been accepted. This is usually within 2 days.

The notice is valid for three years, after which it will lapse if the building work has not commenced. Once the works have commenced, the notice lasts indefinitely.

No completion certificate is issued as no plans have been submitted.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Approved documents.
* Approved inspector.
* Building control body.
* Building notice.
* Building regulations.
* Competent person schemes.
* Full plans.
* Local authority.
* The Building Act.
* The difference between planning permission building regulations approval.

[[Category:Regulations]]

How long it takes to get building regulations approval and how long it lasts

2020-01-02T15:39:58Z

Harchitine:

= Introduction =

There are two types of building regulations application:

* Full plans application: 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.
* Building notice application: On small [https://www.designingbuildings.co.uk/wiki/Project projects], or when changes are made to an existing [https://www.designingbuildings.co.uk/wiki/Building building], [https://www.designingbuildings.co.uk/wiki/Approvals approval] may be sought by giving a '[https://www.designingbuildings.co.uk/wiki/Building_notice building notice]'. In this case, a [https://www.designingbuildings.co.uk/wiki/Building_inspector building inspector] will approve the [https://www.designingbuildings.co.uk/wiki/Works works] as they are carried out by a process of [https://www.designingbuildings.co.uk/wiki/Inspection inspection]. This does leave the [https://www.designingbuildings.co.uk/wiki/Clients client] at [https://www.designingbuildings.co.uk/wiki/Risk risk] that completed [https://www.designingbuildings.co.uk/wiki/Works works] might not be approved, resulting in remedial [https://www.designingbuildings.co.uk/wiki/Cost costs].

= Full plans application =

A decision should be received within 5 weeks for a full plans application. However, this may be extended to 2 months by agreement. It is necessary then to give the building control body two working days notice before commencing the works.

It is permissible to begin works before approval has been received, however, if the works are subsequently found not to comply with the building regulations, they may have to be altered or removed.

The approval lasts for three years, within which time the building work must commence, or a fresh application will be required. This can be very important given the speed at which the regulations change, meaning that a building which has been approved, but construction has not begun, may need to be re-designed to satisfy the new regulations.

Once the construction works have commenced, and the building control body has undertaken a commencement inspection, the approval lasts indefinitely.

A completion certificate should be received within 8 weeks of completion of the building work if it complies with the regulations.

= Building notice application =

Works under a building notice application may begin as soon as the notice has been accepted. This is usually within 2 days.

The notice is valid for three years, after which it will lapse if the building work has not commenced. Once the works have commenced, the notice lasts indefinitely.

No completion certificate is issued as no plans have been submitted.

= Find out more =

=== Related articles on Designing Buildings Wiki ===

* Approved documents.
* Approved inspector.
* Building control body.
* Building notice.
* Building regulations.
* Competent person schemes.
* Full plans.
* Local authority.
* The Building Act.
* The difference between planning permission building regulations approval.

[[Category:Regulations]]

Principal statutory considerations and constraints

2020-01-02T15:30:24Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

= [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning permission] =

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

== Section 106 Agreements ==

The [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]) suggests that a [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligation] is, 'a legally enforceable obligation entered into under [https://www.designingbuildings.co.uk/wiki/Section_106 section 106] of the [https://www.designingbuildings.co.uk/wiki/Town_and_Country_Planning_Act_1990 Town and Country Planning Act 1990] to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] the impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] [https://www.designingbuildings.co.uk/wiki/Proposals proposal].'

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

They are intended to make acceptable [https://www.designingbuildings.co.uk/wiki/Development developments] which would otherwise be unacceptable by offsetting the impact by making local improvements. Because they apply to the [https://www.designingbuildings.co.uk/wiki/Land land] not the applicant, [https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations] transfer with the [https://www.designingbuildings.co.uk/wiki/Land land] to future [https://www.designingbuildings.co.uk/wiki/Owner owners] of the [https://www.designingbuildings.co.uk/wiki/Site site].

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

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [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/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

= [https://www.designingbuildings.co.uk/wiki/Easements Easements] =

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to instal and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== [https://www.designingbuildings.co.uk/wiki/Rights_of_way Right of Way] / R[https://www.designingbuildings.co.uk/wiki/Rights_of_light ight of Light] ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

= [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] =

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

= Access =

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

= [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] assessment =

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.

= [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] =

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

= [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains =

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

= Rivers and waterways =

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

= [https://www.designingbuildings.co.uk/wiki/Cdm CDM] =

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= Related articles on [https://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] =

* [https://www.designingbuildings.co.uk/wiki/Adjoining_buildings_definition Adjoining buildings definition].
* [https://www.designingbuildings.co.uk/wiki/Appointing_consultants Appointing consultants].
* [https://www.designingbuildings.co.uk/wiki/Basement_excavation Basement excavation].
* [https://www.designingbuildings.co.uk/wiki/Building_an_extension Building an extension].
* [https://www.designingbuildings.co.uk/wiki/Conversion Conversion].
* [https://www.designingbuildings.co.uk/wiki/De_minimis De minimis].
* [https://www.designingbuildings.co.uk/wiki/Derogation_from_grant Derogation from grant].
* [https://www.designingbuildings.co.uk/wiki/Fence Fence].
* [https://www.designingbuildings.co.uk/wiki/Line_of_junction_notice Line of junction notice].
* [https://www.designingbuildings.co.uk/wiki/Load-bearing_wall Load-bearing wall].
* [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbour].
* [https://www.designingbuildings.co.uk/wiki/Party_structure_notice Party structure notice].
* [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor Party wall surveyor].
* [https://www.designingbuildings.co.uk/wiki/Preventing_wall_collapse Preventing wall collapse].
* [https://www.designingbuildings.co.uk/wiki/Responsibility_for_boundary_features Responsibility for boundary features].
* [https://www.designingbuildings.co.uk/wiki/Rights_of_support Right of support].
* [https://www.designingbuildings.co.uk/wiki/Statutory_approvals Statutory approvals].
* [https://www.designingbuildings.co.uk/wiki/Statutory_authorities Statutory authorities].
* [https://www.designingbuildings.co.uk/wiki/Trespass Trespass].
* [https://www.designingbuildings.co.uk/wiki/Wall_types Wall types].
* [https://www.designingbuildings.co.uk/wiki/What_approvals_are_needed_before_construction_begins What approvals are needed before construction begins].

= External references =

* [http://www.communities.gov.uk/publications/planningandbuilding/partywall Department for Communities and Local Government guidance on party walls].
* [http://www.legislation.gov.uk/ukpga/1996/40/contents The Act in full.]
* [http://www.bailii.org/ew/cases/EWHC/TCC/2015/47.html Chliaifchtein v Wainbridge Estates Belgravia Ltd 2015].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T15:25:14Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

= [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning permission] =

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

== Section 106 Agreements ==

[https://www.designingbuildings.co.uk/wiki/Planning_obligations Planning obligations] (also known as [https://www.designingbuildings.co.uk/wiki/Section_106_agreements Section 106 Agreements] or '[https://www.designingbuildings.co.uk/wiki/Planning_gain planning gain]') are obligations attached to [https://www.designingbuildings.co.uk/wiki/Land land] that is the subject of a [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission]. They are used to [https://www.designingbuildings.co.uk/wiki/Mitigate mitigate] or compensate for the negative impacts of a [https://www.designingbuildings.co.uk/wiki/Development development] or to prescribe the nature of a [https://www.designingbuildings.co.uk/wiki/Development development].

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

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [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/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

= [https://www.designingbuildings.co.uk/wiki/Easements Easements] =

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to instal and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== [https://www.designingbuildings.co.uk/wiki/Rights_of_way Right of Way] / R[https://www.designingbuildings.co.uk/wiki/Rights_of_light ight of Light] ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

= [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] =

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

= Access =

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

= [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] assessment =

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.

= [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] =

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

= [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains =

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

= Rivers and waterways =

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

= [https://www.designingbuildings.co.uk/wiki/Cdm CDM] =

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= Related articles on [https://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] =

* [https://www.designingbuildings.co.uk/wiki/Adjoining_buildings_definition Adjoining buildings definition].
* [https://www.designingbuildings.co.uk/wiki/Appointing_consultants Appointing consultants].
* [https://www.designingbuildings.co.uk/wiki/Basement_excavation Basement excavation].
* [https://www.designingbuildings.co.uk/wiki/Building_an_extension Building an extension].
* [https://www.designingbuildings.co.uk/wiki/Conversion Conversion].
* [https://www.designingbuildings.co.uk/wiki/De_minimis De minimis].
* [https://www.designingbuildings.co.uk/wiki/Derogation_from_grant Derogation from grant].
* [https://www.designingbuildings.co.uk/wiki/Fence Fence].
* [https://www.designingbuildings.co.uk/wiki/Line_of_junction_notice Line of junction notice].
* [https://www.designingbuildings.co.uk/wiki/Load-bearing_wall Load-bearing wall].
* [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbour].
* [https://www.designingbuildings.co.uk/wiki/Party_structure_notice Party structure notice].
* [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor Party wall surveyor].
* [https://www.designingbuildings.co.uk/wiki/Preventing_wall_collapse Preventing wall collapse].
* [https://www.designingbuildings.co.uk/wiki/Responsibility_for_boundary_features Responsibility for boundary features].
* [https://www.designingbuildings.co.uk/wiki/Rights_of_support Right of support].
* [https://www.designingbuildings.co.uk/wiki/Statutory_approvals Statutory approvals].
* [https://www.designingbuildings.co.uk/wiki/Statutory_authorities Statutory authorities].
* [https://www.designingbuildings.co.uk/wiki/Trespass Trespass].
* [https://www.designingbuildings.co.uk/wiki/Wall_types Wall types].
* [https://www.designingbuildings.co.uk/wiki/What_approvals_are_needed_before_construction_begins What approvals are needed before construction begins].

= External references =

* [http://www.communities.gov.uk/publications/planningandbuilding/partywall Department for Communities and Local Government guidance on party walls].
* [http://www.legislation.gov.uk/ukpga/1996/40/contents The Act in full.]
* [http://www.bailii.org/ew/cases/EWHC/TCC/2015/47.html Chliaifchtein v Wainbridge Estates Belgravia Ltd 2015].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T15:11:37Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

= [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning permission] =

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

== Timescales ==

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

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

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [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/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

= [https://www.designingbuildings.co.uk/wiki/Easements Easements] =

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers] / [https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to instal and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== [https://www.designingbuildings.co.uk/wiki/Rights_of_way Right of Way] / R[https://www.designingbuildings.co.uk/wiki/Rights_of_light ight of Light] ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

= [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] =

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning] ([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

= Access =

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

= [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] assessment =

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.

= [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] =

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

= [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains =

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

= Rivers and waterways =

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood] prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

= [https://www.designingbuildings.co.uk/wiki/Cdm CDM] =

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= Related articles on [https://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] =

* [https://www.designingbuildings.co.uk/wiki/Adjoining_buildings_definition Adjoining buildings definition].
* [https://www.designingbuildings.co.uk/wiki/Appointing_consultants Appointing consultants].
* [https://www.designingbuildings.co.uk/wiki/Basement_excavation Basement excavation].
* [https://www.designingbuildings.co.uk/wiki/Building_an_extension Building an extension].
* [https://www.designingbuildings.co.uk/wiki/Conversion Conversion].
* [https://www.designingbuildings.co.uk/wiki/De_minimis De minimis].
* [https://www.designingbuildings.co.uk/wiki/Derogation_from_grant Derogation from grant].
* [https://www.designingbuildings.co.uk/wiki/Fence Fence].
* [https://www.designingbuildings.co.uk/wiki/Line_of_junction_notice Line of junction notice].
* [https://www.designingbuildings.co.uk/wiki/Load-bearing_wall Load-bearing wall].
* [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbour].
* [https://www.designingbuildings.co.uk/wiki/Party_structure_notice Party structure notice].
* [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor Party wall surveyor].
* [https://www.designingbuildings.co.uk/wiki/Preventing_wall_collapse Preventing wall collapse].
* [https://www.designingbuildings.co.uk/wiki/Responsibility_for_boundary_features Responsibility for boundary features].
* [https://www.designingbuildings.co.uk/wiki/Rights_of_support Right of support].
* [https://www.designingbuildings.co.uk/wiki/Statutory_approvals Statutory approvals].
* [https://www.designingbuildings.co.uk/wiki/Statutory_authorities Statutory authorities].
* [https://www.designingbuildings.co.uk/wiki/Trespass Trespass].
* [https://www.designingbuildings.co.uk/wiki/Wall_types Wall types].
* [https://www.designingbuildings.co.uk/wiki/What_approvals_are_needed_before_construction_begins What approvals are needed before construction begins].

= External references =

* [http://www.communities.gov.uk/publications/planningandbuilding/partywall Department for Communities and Local Government guidance on party walls].
* [http://www.legislation.gov.uk/ukpga/1996/40/contents The Act in full.]
* [http://www.bailii.org/ew/cases/EWHC/TCC/2015/47.html Chliaifchtein v Wainbridge Estates Belgravia Ltd 2015].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T15:06:48Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

= [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning permission] =

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

The statutory determination period for validated planning applications (which local planning authorities should not exceed) is 8 weeks for straight-forward planning applications, 13 weeks for unusually large or complex applications. The process can take 16 weeks if the application is for a large or environmentally sensitive project, which may be subject to an Environmental Impact Assessment (EIA). The public consultation period will usually take 3 weeks.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

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

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [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/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

= [https://www.designingbuildings.co.uk/wiki/Easements Easements] =

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers]/[https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to instal and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== [https://www.designingbuildings.co.uk/wiki/Rights_of_way Right of Way] / R[https://www.designingbuildings.co.uk/wiki/Rights_of_light ight of Light] ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

= [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] =

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning]([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

= [https://www.designingbuildings.co.uk/wiki/Highways Highways] =

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

= [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] assessment =

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.

= [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] =

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

= [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains =

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

= Rivers and waterways =

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood]prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

= [https://www.designingbuildings.co.uk/wiki/Cdm CDM] =

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= Related articles on [https://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] =

* [https://www.designingbuildings.co.uk/wiki/Adjoining_buildings_definition Adjoining buildings definition].
* [https://www.designingbuildings.co.uk/wiki/Appointing_consultants Appointing consultants].
* [https://www.designingbuildings.co.uk/wiki/Basement_excavation Basement excavation].
* [https://www.designingbuildings.co.uk/wiki/Building_an_extension Building an extension].
* [https://www.designingbuildings.co.uk/wiki/Conversion Conversion].
* [https://www.designingbuildings.co.uk/wiki/De_minimis De minimis].
* [https://www.designingbuildings.co.uk/wiki/Derogation_from_grant Derogation from grant].
* [https://www.designingbuildings.co.uk/wiki/Fence Fence].
* [https://www.designingbuildings.co.uk/wiki/Line_of_junction_notice Line of junction notice].
* [https://www.designingbuildings.co.uk/wiki/Load-bearing_wall Load-bearing wall].
* [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbour].
* [https://www.designingbuildings.co.uk/wiki/Party_structure_notice Party structure notice].
* [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor Party wall surveyor].
* [https://www.designingbuildings.co.uk/wiki/Preventing_wall_collapse Preventing wall collapse].
* [https://www.designingbuildings.co.uk/wiki/Responsibility_for_boundary_features Responsibility for boundary features].
* [https://www.designingbuildings.co.uk/wiki/Rights_of_support Right of support].
* [https://www.designingbuildings.co.uk/wiki/Statutory_approvals Statutory approvals].
* [https://www.designingbuildings.co.uk/wiki/Statutory_authorities Statutory authorities].
* [https://www.designingbuildings.co.uk/wiki/Trespass Trespass].
* [https://www.designingbuildings.co.uk/wiki/Wall_types Wall types].
* [https://www.designingbuildings.co.uk/wiki/What_approvals_are_needed_before_construction_begins What approvals are needed before construction begins].

= External references =

* [http://www.communities.gov.uk/publications/planningandbuilding/partywall Department for Communities and Local Government guidance on party walls].
* [http://www.legislation.gov.uk/ukpga/1996/40/contents The Act in full.]
* [http://www.bailii.org/ew/cases/EWHC/TCC/2015/47.html Chliaifchtein v Wainbridge Estates Belgravia Ltd 2015].

[[Category:Articles_needing_more_work]]

Use class designation for land and buildings

2020-01-02T13:36:49Z

Harchitine:

The Town and Country Planning (Use Classes) Order categorises uses of land and buildings. Developments may not be used for purposes that are not within the use class for which they received planning permission.

Changing the use of a development from one class to another may require planning permission, although changes of use may be permitted without the need for a planning application for certain allowable uses (for example, changing a restaurant into a shop).

For a schedule of permitted use class changes, see guidance on the [http://www.planningportal.gov.uk/permission/commonprojects/changeofuse/ Planning Portal] and Permitted development.

Use classes are defined as follows (see The Town and Country Planning (Use Classes) Order [http://www.legislation.gov.uk/uksi/1987/764/schedule/made Schedule]):

* A1. Shops - Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices, pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners, funeral directors and internet cafes
* A2. Financial and professional services - Financial services such as banks and building societies, professional services (other than health and medical services) and including estate and employment agencies. It does not include betting offices or pay day loan shops - these are now classed as “sui generis” uses (see below)
* A3. Restaurants and cafes - For the sale of food and drink for consumption on the premises - restaurants, snack bars and cafes
* A4. Drinking establishments - Public houses, wine bars or other drinking establishments (but not night clubs) including drinking establishments with expanded food provision
* A5. Hot food takeaways - For the sale of hot food for consumption off the premises

* B1. Business - Offices (other than those that fall within A2), research and development of products and processes, light industry appropriate in a residential area
* B2. General industrial - Use for industrial process other than one falling within class B1 (excluding incineration purposes, chemical treatment or landfill or hazardous waste)
* B3. Special industrial group A (registrable under the Alkali, etc. Works Regulation Act).
* B4. Special industrial group B (getting, dressing or treatment of minerals carried on, in, or adjacent to a quarry or mine).
* B5. Special industrial group C (burning bricks or pipes; burning lime or dolomite; producing zinc oxide, cement or alumina; foaming, crushing, screening or heating minerals or slag; processing pulverized fuel ash by heat; producing carbonate of lime or hydrated lime; producing inorganic pigments by calcining, roasting or grinding).
* B6. Special industrial group D (distilling, refining or blending oils; producing or using cellulose or using other pressure sprayed metal finishes; boiling linseed oil or running gum; the use of hot pitch or bitumen; stoving enamelled ware; producing aliphatic esters of the lower fatty acids, butyric acid, caramel, hexamine, iodoform, napthols, resin products, salicylic acid or sulphonated organic compounds; producing rubber from scrap; use of chlorphenols or chlorcresols as intermediates; manufacturing acetylene from calcium carbide; manufacturing, recovering or using pyridine or picolines, any methyl or ethyl amine or acrylates).
* B7. Special industrial group E (boiling blood, chitterlings, nettlings or soap; boiling, burning, grinding or steaming bones; boiling or cleaning tripe; breeding maggots; cleaning, adapting or treating animal hair; curing fish; dealing in rags and bones; dressing or scraping fish skins; drying skins; making manure; making or scraping guts; manufacturing animal charcoal, blood albumen, candles, catgut, glue, fish oil, size or feeding stuff for animals or poultry from meat, fish, blood, bone, feathers, fat or animal offal; melting, refining or extracting fat or tallow; preparing skins for working).
* B8. Storage or distribution - This class includes open air storage

* C1. Hotels and hostels - Hotels, boarding and guest houses where no significant element of care is provided (excludes hostels)
* C2. Residential institutions - Residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres
* C3. Dwellinghouses

* D1. Non-residential institutions - Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law court. Non-residential education and training centres
* D2. Assembly and leisure - Cinemas, music and concert halls, bingo and dance halls (but not night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations (except for motor sports, or where firearms are used).

The description of these classes is for guidance only. It is the responsibility of the local planning authority to decide which class a use falls into, depending on its particular circumstances.

=== Sui Generis ===

Certain uses do not fall within any use class and are considered 'sui generis'. Such uses include: betting offices/shops, pay day loan shops, theatres, larger houses in multiple occupation, hostels providing no significant element of care, scrap yards. Petrol filling stations and shops selling and/or displaying motor vehicles. Retail warehouse clubs, nightclubs, launderettes, taxi businesses and casinos.

= Related articles on Designing Buildings Wiki =

* Ancillary uses of buildings.
* Article 4 direction.
* Avoiding planning permission pitfalls.
* Change of use class.
* Commercial premises.
* Detailed planning permission.
* Existing use value.
* Houses in multiple occupation.
* Land.
* Meanwhile use.
* Mixed use development.
* National Planning Policy Framework.
* Non-domestic building.
* Outline planning permission.
* Permitted development.
* Planning enforcement.
* Planning permission.
* Sui generis.
* Sui generis and planning permission.
* Types of building.
* Types of room.
* Users.
* Workplace definition.
* Zoning in the United States.

=== External links ===

* [http://www.legislation.gov.uk/uksi/1987/764/schedule/made The Town and Country Planning (Use Classes) Order].
* [http://www.planningportal.gov.uk/permission/commonprojects/changeofuse/ Planning portal guidance].
* [https://www.gov.uk/government/consultations/greater-flexibilities-for-change-of-use Greater flexibilities for change of use: consultation].

[[Category:Definitions]] [[Category:Planning_permission]] [[Category:Property_law]] [[Category:Property_development]]

Principal statutory considerations and constraints

2020-01-02T12:03:00Z

Harchitine:

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

= [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning permission] =

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

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

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [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/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

= [https://www.designingbuildings.co.uk/wiki/Easements Easements] =

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers]/[https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to instal and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

== [https://www.designingbuildings.co.uk/wiki/Rights_of_way Right of Way] / R[https://www.designingbuildings.co.uk/wiki/Rights_of_light ight of Light] ==

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

= [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] =

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. The client should be advised to appoint a CDM Co-ordinator as required by CDM Regulations, and carry out a risk assessment of the site prior to soil surveys for contamination. They should also notify all project staff of the risks under the Health and Safety at Work Act 1974.

[https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning]([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

= [https://www.designingbuildings.co.uk/wiki/Highways Highways] =

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

= [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] assessment =

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.

= [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] =

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

= [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains =

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

= Rivers and waterways =

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood]prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

= [https://www.designingbuildings.co.uk/wiki/Cdm CDM] =

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= Related articles on [https://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] =

* [https://www.designingbuildings.co.uk/wiki/Adjoining_buildings_definition Adjoining buildings definition].
* [https://www.designingbuildings.co.uk/wiki/Appointing_consultants Appointing consultants].
* [https://www.designingbuildings.co.uk/wiki/Basement_excavation Basement excavation].
* [https://www.designingbuildings.co.uk/wiki/Building_an_extension Building an extension].
* [https://www.designingbuildings.co.uk/wiki/Conversion Conversion].
* [https://www.designingbuildings.co.uk/wiki/De_minimis De minimis].
* [https://www.designingbuildings.co.uk/wiki/Derogation_from_grant Derogation from grant].
* [https://www.designingbuildings.co.uk/wiki/Fence Fence].
* [https://www.designingbuildings.co.uk/wiki/Line_of_junction_notice Line of junction notice].
* [https://www.designingbuildings.co.uk/wiki/Load-bearing_wall Load-bearing wall].
* [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbour].
* [https://www.designingbuildings.co.uk/wiki/Party_structure_notice Party structure notice].
* [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor Party wall surveyor].
* [https://www.designingbuildings.co.uk/wiki/Preventing_wall_collapse Preventing wall collapse].
* [https://www.designingbuildings.co.uk/wiki/Responsibility_for_boundary_features Responsibility for boundary features].
* [https://www.designingbuildings.co.uk/wiki/Rights_of_support Right of support].
* [https://www.designingbuildings.co.uk/wiki/Statutory_approvals Statutory approvals].
* [https://www.designingbuildings.co.uk/wiki/Statutory_authorities Statutory authorities].
* [https://www.designingbuildings.co.uk/wiki/Trespass Trespass].
* [https://www.designingbuildings.co.uk/wiki/Wall_types Wall types].
* [https://www.designingbuildings.co.uk/wiki/What_approvals_are_needed_before_construction_begins What approvals are needed before construction begins].

= External references =

* [http://www.communities.gov.uk/publications/planningandbuilding/partywall Department for Communities and Local Government guidance on party walls].
* [http://www.legislation.gov.uk/ukpga/1996/40/contents The Act in full.]
* [http://www.bailii.org/ew/cases/EWHC/TCC/2015/47.html Chliaifchtein v Wainbridge Estates Belgravia Ltd 2015].

[[Category:Articles_needing_more_work]]

Principal statutory considerations and constraints

2020-01-02T11:58:05Z

Harchitine: Created page with "= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.c..."

= [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] =

Under the [https://www.designingbuildings.co.uk/wiki/RIBA RIBA] [https://www.designingbuildings.co.uk/wiki/Standards Standard] [https://www.designingbuildings.co.uk/wiki/Condition Conditions] of [https://www.designingbuildings.co.uk/wiki/Appointments Appointment] of an [https://www.designingbuildings.co.uk/wiki/Architects Architect] 3.10.1, the [https://www.designingbuildings.co.uk/wiki/Clients Client] acknowledges that the [https://www.designingbuildings.co.uk/wiki/Architects Architect] does not warrant that [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] and other [https://www.designingbuildings.co.uk/wiki/Approvals approvals] from [https://www.designingbuildings.co.uk/wiki/Third_party third parties] will be granted at all, or if granted, will be granted in accordance with any anticipated time-[https://www.designingbuildings.co.uk/wiki/Scale scale].

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

The [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] (and [https://www.designingbuildings.co.uk/wiki/Neighbourhood_plans neighbourhood plan] if it exists) should be referred to in order to establish [https://www.designingbuildings.co.uk/wiki/Planning_policy planning policy] regarding [https://www.designingbuildings.co.uk/wiki/Development development] in an [https://www.designingbuildings.co.uk/wiki/Area area]. [https://www.designingbuildings.co.uk/wiki/Planning Planning] history investigation will reveal any existing relevant [https://www.designingbuildings.co.uk/wiki/Permission permissions], consents, refusals and comments from the [https://www.designingbuildings.co.uk/wiki/Public public]. Note, that if the [https://www.designingbuildings.co.uk/wiki/Local_plan local plan] contradicts what is in the [https://www.designingbuildings.co.uk/wiki/National_planning_policy_framework National Planning Policy Framework] ([https://www.designingbuildings.co.uk/wiki/Nppf NPPF]), the [https://www.designingbuildings.co.uk/wiki/Nppf NPPF]overrides the [https://www.designingbuildings.co.uk/wiki/Planning planning] history.

= [https://www.designingbuildings.co.uk/wiki/Planning_permission Planning permission] =

If under the [https://www.designingbuildings.co.uk/wiki/Town Town] and [https://www.designingbuildings.co.uk/wiki/Planning_act Planning Act] Order 1990, the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is not a [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development], it will require [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] (or if an [https://www.designingbuildings.co.uk/wiki/Article_4_directions Article 4 direction] is in [https://www.designingbuildings.co.uk/wiki/Place place]). [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.

If a [https://www.designingbuildings.co.uk/wiki/Change_of_use change of use] is 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].

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

The general principles are that all [https://www.designingbuildings.co.uk/wiki/Building buildings] built before 1700 which survive in anything like their original [https://www.designingbuildings.co.uk/wiki/Condition condition] are likely to be listed, as are most [https://www.designingbuildings.co.uk/wiki/Building buildings] built between 1700 and 1850. Particularly careful selection is required for [https://www.designingbuildings.co.uk/wiki/Building buildings] from the period after 1945. [https://www.designingbuildings.co.uk/wiki/Building Buildings] less than 30 years old are not normally considered to be of special architectural or historic interest because they have yet to stand the test of time.

Listing [https://www.designingbuildings.co.uk/wiki/Building_consent Buildings Consent] is required for [https://www.designingbuildings.co.uk/wiki/Demolition demolition], [https://www.designingbuildings.co.uk/wiki/Alterations alterations] and additions to a [https://www.designingbuildings.co.uk/wiki/Listed_buildings listed building]. The [https://www.designingbuildings.co.uk/wiki/Local_authorities local authority] [https://www.designingbuildings.co.uk/wiki/Conservation_officer conservation officer] and [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England] should be consulted. [https://www.designingbuildings.co.uk/wiki/Listed_buildings Listed Building] applications run in parallel to [https://www.designingbuildings.co.uk/wiki/Planning_application planning applications].

== [https://www.designingbuildings.co.uk/wiki/Protected_view Protected views] ==

In [https://www.designingbuildings.co.uk/wiki/London London], there are many [https://www.designingbuildings.co.uk/wiki/Protected_view protected views], particularly along the river Thames. Refer to the [https://www.designingbuildings.co.uk/wiki/London_View_Management_Framework London View Management Framework] and consult [https://www.designingbuildings.co.uk/wiki/Historic_England Historic England].

== [https://www.designingbuildings.co.uk/wiki/Protected_species Protected Species] ==

[https://www.designingbuildings.co.uk/wiki/Legislation Legislation] dictates that any [https://www.designingbuildings.co.uk/wiki/Structure structures] or [https://www.designingbuildings.co.uk/wiki/Place place] which a [https://www.designingbuildings.co.uk/wiki/Bats bats] use for [https://www.designingbuildings.co.uk/wiki/Shelter shelter] or protection are protected from [https://www.designingbuildings.co.uk/wiki/Damages damage] or destruction whether occupied or not.

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] has not already been undertaken to determine the potential for [https://www.designingbuildings.co.uk/wiki/Bats bats] on [https://www.designingbuildings.co.uk/wiki/Site site], and or the presence of [https://www.designingbuildings.co.uk/wiki/Bats bats], the authority should request that the [https://www.designingbuildings.co.uk/wiki/Developer developers] commission an appropriate [https://www.designingbuildings.co.uk/wiki/Survey survey]

If a [https://www.designingbuildings.co.uk/wiki/Bats bat] [https://www.designingbuildings.co.uk/wiki/Survey survey] demonstrates that [https://www.designingbuildings.co.uk/wiki/Bats bats] and/or a known roost are likely to be affected by the proposed [https://www.designingbuildings.co.uk/wiki/Development development] and [https://www.designingbuildings.co.uk/wiki/Planning_permission planning permission] is to be granted, a [https://www.designingbuildings.co.uk/wiki/Condition condition] should be placed on the decision [https://www.designingbuildings.co.uk/wiki/Notice notice] requiring the [https://www.designingbuildings.co.uk/wiki/Developer developer] to apply for, and obtain, a [https://www.gov.uk/government/publications/european-protected-species-apply-for-a-mitigation-licence European Protected Species Licence] before [https://www.designingbuildings.co.uk/wiki/Works work] commences.

In the case of unlawful destruction of a roost or harm to a [https://www.designingbuildings.co.uk/wiki/Bats bat], severe [https://www.designingbuildings.co.uk/wiki/Penalties penalties] and potential prosecution may be incurred.

== [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/Section_106_agreements Section 106 agreement] / [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] ==

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should hold [https://www.designingbuildings.co.uk/wiki/Preliminaries preliminary] discussions with [https://www.designingbuildings.co.uk/wiki/Planning_officer planning officers] to determine the likelihood, nature and extent of 106 [https://www.designingbuildings.co.uk/wiki/Agreement agreements] ([https://www.designingbuildings.co.uk/wiki/Planning_obligations planning obligations]) and the [https://www.designingbuildings.co.uk/wiki/Community_infrastructure_levy Community Infrastructure Levy] (CIL).

== Other consents ==

* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Lawful_Development Certificate of lawful development] - if there is any ambiguity or question over whether your [https://www.designingbuildings.co.uk/wiki/Proposals proposal] passes the [https://www.designingbuildings.co.uk/wiki/Permitted_development permitted development] tests, it is possible to apply for a [https://www.designingbuildings.co.uk/wiki/Lawful_development_certificate Lawful Development Certificate].
* Mining or working of minerals.
* [https://www.designingbuildings.co.uk/wiki/Scheduled_monument_consent Scheduled monument consent].
* [https://www.designingbuildings.co.uk/wiki/Certificate_of_Immunity Certificate of immunity] from listing.
* To display signs under the control of advertisements [https://www.designingbuildings.co.uk/wiki/Regulations regulations].

= [https://www.designingbuildings.co.uk/wiki/Easements Easements] =

== [https://www.designingbuildings.co.uk/wiki/Substation Substations] ==

[https://www.designingbuildings.co.uk/wiki/Statutory_undertaker Statutory undertakers]/[https://www.designingbuildings.co.uk/wiki/Utility_company utilities companies] should be consulted to establish any [https://www.designingbuildings.co.uk/wiki/Easements easements] on the [https://www.designingbuildings.co.uk/wiki/Land land] in connection with [https://www.designingbuildings.co.uk/wiki/Electrical electrical] [https://www.designingbuildings.co.uk/wiki/Substation substations]. This [https://www.designingbuildings.co.uk/wiki/Easements easement] and possibly other [https://www.designingbuildings.co.uk/wiki/Restrictive_covenants restrictive covenants] will be attached to the [https://www.designingbuildings.co.uk/wiki/Property property]. Common examples include an [https://www.designingbuildings.co.uk/wiki/Agreement agreement] not to erect any [https://www.designingbuildings.co.uk/wiki/Building buildings] or [https://www.designingbuildings.co.uk/wiki/Structure structures] on the [https://www.designingbuildings.co.uk/wiki/Land land] or to use the [https://www.designingbuildings.co.uk/wiki/Land land] to run a [https://www.designingbuildings.co.uk/wiki/Business business].

[https://www.designingbuildings.co.uk/wiki/Wayleave Wayleaves] are a means of providing rights for a [https://www.designingbuildings.co.uk/wiki/Company company] to instal and retain their cabling or piping across private [https://www.designingbuildings.co.uk/wiki/Land land] in return for annual [https://www.designingbuildings.co.uk/wiki/Payment payments] to the landowner.

= [https://www.designingbuildings.co.uk/wiki/Rights_of_way Right of way] / [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light] =

An [https://www.designingbuildings.co.uk/wiki/Easements easement] is a right that someone may have to use [https://www.designingbuildings.co.uk/wiki/Land land] that they do not own in a certain way, or to prevent the [https://www.designingbuildings.co.uk/wiki/Owner owner] of that [https://www.designingbuildings.co.uk/wiki/Land land] from using it in a certain way. Examples of common [https://www.designingbuildings.co.uk/wiki/Easements easements] include [https://www.designingbuildings.co.uk/wiki/Rights_of_way rights of way] and a [https://www.designingbuildings.co.uk/wiki/Rights_of_light right of light]. They are usually created on the sale of a part of [https://www.designingbuildings.co.uk/wiki/Land land]. In terms of [https://www.designingbuildings.co.uk/wiki/Rights_of_light Rights of Light], the [https://www.designingbuildings.co.uk/wiki/Owner owner] of a [https://www.designingbuildings.co.uk/wiki/Building building] with [https://www.designingbuildings.co.uk/wiki/Window windows] that have received [https://www.designingbuildings.co.uk/wiki/Natural_daylight natural daylight] for 20 years or more is entitled to forbid any [https://www.designingbuildings.co.uk/wiki/Construction construction] or other obstruction that would deprive them of that illumination. [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbours] cannot [https://www.designingbuildings.co.uk/wiki/Build build] anything that would [https://www.designingbuildings.co.uk/wiki/Block block] the [https://www.designingbuildings.co.uk/wiki/Light light] without [https://www.designingbuildings.co.uk/wiki/Permission permission].

= [https://www.designingbuildings.co.uk/wiki/Contamination Contamination] / [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] =

If a [https://www.designingbuildings.co.uk/wiki/Site site] is likely to be contaminated, the [https://www.designingbuildings.co.uk/wiki/Clients client] needs to be aware of their [https://www.designingbuildings.co.uk/wiki/Duties duties] under Part 11A of the [https://www.designingbuildings.co.uk/wiki/Environmental_Protection_Act Environmental Protection Act] 1990. Possible [https://www.designingbuildings.co.uk/wiki/Ground ground] [https://www.designingbuildings.co.uk/wiki/Survey surveys] will need to be undertaken. [https://www.designingbuildings.co.uk/wiki/HSE HSE] ([https://www.designingbuildings.co.uk/wiki/Health_and_Safety_Executive Health and Safety Executive] ) and [https://www.designingbuildings.co.uk/wiki/Local_authorities Local Authority] [https://www.designingbuildings.co.uk/wiki/Environmental_health Environmental Health] Department should be consulted.

== [https://www.designingbuildings.co.uk/wiki/F_gases F gases] ==

[https://www.designingbuildings.co.uk/wiki/F_gases F gases] are common in [https://www.designingbuildings.co.uk/wiki/Refrigeration refrigeration] systems, [https://www.designingbuildings.co.uk/wiki/Fire_protection fire protection] systems, [https://www.designingbuildings.co.uk/wiki/Air_conditioning air conditioning] and heat-pump systems.

Under 2014 [https://www.designingbuildings.co.uk/wiki/EU EU] [https://www.designingbuildings.co.uk/wiki/Fluorinated_greenhouse_gas fluorinated greenhouse gas] [https://www.designingbuildings.co.uk/wiki/Regulations regulations], [https://www.designingbuildings.co.uk/wiki/Duty_holder duty holders] are obliged to hire trained technicians to carry out [https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Equipment equipment] containing [https://www.designingbuildings.co.uk/wiki/F_gases F gases]. The Department of the [https://www.designingbuildings.co.uk/wiki/Environment Environment], Food and [https://www.designingbuildings.co.uk/wiki/Rural Rural] Affairs should be consulted.

== Holding [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] ==

If the [https://www.designingbuildings.co.uk/wiki/Proposals proposal] is to hold certain [https://www.designingbuildings.co.uk/wiki/Quantity quantities] of [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substances] at or above defined limits, the [https://www.designingbuildings.co.uk/wiki/Clients client] must obtain [https://www.designingbuildings.co.uk/wiki/Hazardous_substances hazardous substance] consent, in accordance with the [https://www.designingbuildings.co.uk/wiki/Planning Planning]([https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substances]) [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2015. The [https://www.designingbuildings.co.uk/wiki/Hazardous_substances Hazardous Substance] Authority should be consulted.

== [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] ==

The [https://www.designingbuildings.co.uk/wiki/Duties duty] to manage [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] is contained in the Control of [https://www.designingbuildings.co.uk/wiki/Asbestos Asbestos] [https://www.designingbuildings.co.uk/wiki/Regulations Regulations] 2012. To do any [https://www.designingbuildings.co.uk/wiki/Building building] or [https://www.designingbuildings.co.uk/wiki/Maintenance_work maintenance work] in [https://www.designingbuildings.co.uk/wiki/Premises premises], or on [https://www.designingbuildings.co.uk/wiki/Plant plant] or [https://www.designingbuildings.co.uk/wiki/Equipment equipment] that might contain [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos], there is a requirement to identify where it is, its type and [https://www.designingbuildings.co.uk/wiki/Condition condition]; assess the [https://www.designingbuildings.co.uk/wiki/Risk risks], and manage and control these [https://www.designingbuildings.co.uk/wiki/Risk risks]. An [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] [https://www.designingbuildings.co.uk/wiki/Survey survey] may be required. It is necessary to employ a licensed [https://www.designingbuildings.co.uk/wiki/Contractors contractor] to remove/[https://www.designingbuildings.co.uk/wiki/Works work] on [https://www.designingbuildings.co.uk/wiki/Asbestos asbestos] if the [https://www.designingbuildings.co.uk/wiki/Materials materials] are high [https://www.designingbuildings.co.uk/wiki/Risk risk].

= [https://www.designingbuildings.co.uk/wiki/Highways Highways] =

Under the [https://www.designingbuildings.co.uk/wiki/Highways Highway] [https://www.designingbuildings.co.uk/wiki/Act Act] 1980, [https://www.designingbuildings.co.uk/wiki/Highways_England Highways England] should be informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access]. The local [https://www.designingbuildings.co.uk/wiki/Highways_Authorities highway authority] should also be consulted and informed of any proposed changes to [https://www.designingbuildings.co.uk/wiki/Access access].

= [https://www.designingbuildings.co.uk/wiki/Environmental Environmental] assessment =

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.

= [https://www.designingbuildings.co.uk/wiki/Party_wall Party wall] =

Under the [https://www.designingbuildings.co.uk/wiki/Party_Wall_Act Party Wall Act] 1996, a [https://www.designingbuildings.co.uk/wiki/Party_wall party wall] [https://www.designingbuildings.co.uk/wiki/Notice notice] may be required. A [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor party wall surveyor] and adjoining [https://www.designingbuildings.co.uk/wiki/Owner owners] should be consulted.

= [https://www.designingbuildings.co.uk/wiki/Archaeological Archaeological] remains =

[https://www.designingbuildings.co.uk/wiki/Clients Clients] should refer to PPS 5 ([https://www.designingbuildings.co.uk/wiki/Planning_policy_statement Planning Policy Statement] 5): [https://www.designingbuildings.co.uk/wiki/Planning Planning] for the [https://www.designingbuildings.co.uk/wiki/Historic_environment Historic Environment], as well as arrange for an [https://www.designingbuildings.co.uk/wiki/Archaeological archaeological] investigation

= Rivers and waterways =

[https://www.designingbuildings.co.uk/wiki/Clients Client] should consider the implications of river frontage and the possible need for [https://www.designingbuildings.co.uk/wiki/Flood flood]prevention [https://www.designingbuildings.co.uk/wiki/Measure measures]. Refer to PPS 25 [https://www.designingbuildings.co.uk/wiki/Flood_risk Flood Risk] and consult [https://www.designingbuildings.co.uk/wiki/Environment_Agency Environment Agency] / Canal and River Trust.

= [https://www.designingbuildings.co.uk/wiki/Cdm CDM] =

The [https://www.designingbuildings.co.uk/wiki/Construction_(Design_and_Management)_Regulations Construction (Design and Management) Regulations] ([https://www.designingbuildings.co.uk/wiki/CDM_Regulations CDM Regulations]) are intended to ensure that [https://www.designingbuildings.co.uk/wiki/Health_and_safety health and safety] issues are properly considered during a [https://www.designingbuildings.co.uk/wiki/Project project’s] [https://www.designingbuildings.co.uk/wiki/Development development] so that the [https://www.designingbuildings.co.uk/wiki/Risk risk] of harm to those who have to [https://www.designingbuildings.co.uk/wiki/Build build], use and maintain [https://www.designingbuildings.co.uk/wiki/Structure structures] is reduced.

= Related articles on [https://www.designingbuildings.co.uk/wiki/Designing_Buildings_Wiki Designing Buildings Wiki] =

* [https://www.designingbuildings.co.uk/wiki/Adjoining_buildings_definition Adjoining buildings definition].
* [https://www.designingbuildings.co.uk/wiki/Appointing_consultants Appointing consultants].
* [https://www.designingbuildings.co.uk/wiki/Basement_excavation Basement excavation].
* [https://www.designingbuildings.co.uk/wiki/Building_an_extension Building an extension].
* [https://www.designingbuildings.co.uk/wiki/Conversion Conversion].
* [https://www.designingbuildings.co.uk/wiki/De_minimis De minimis].
* [https://www.designingbuildings.co.uk/wiki/Derogation_from_grant Derogation from grant].
* [https://www.designingbuildings.co.uk/wiki/Fence Fence].
* [https://www.designingbuildings.co.uk/wiki/Line_of_junction_notice Line of junction notice].
* [https://www.designingbuildings.co.uk/wiki/Load-bearing_wall Load-bearing wall].
* [https://www.designingbuildings.co.uk/wiki/Neighbour Neighbour].
* [https://www.designingbuildings.co.uk/wiki/Party_structure_notice Party structure notice].
* [https://www.designingbuildings.co.uk/wiki/Party_wall_surveyor Party wall surveyor].
* [https://www.designingbuildings.co.uk/wiki/Preventing_wall_collapse Preventing wall collapse].
* [https://www.designingbuildings.co.uk/wiki/Responsibility_for_boundary_features Responsibility for boundary features].
* [https://www.designingbuildings.co.uk/wiki/Rights_of_support Right of support].
* [https://www.designingbuildings.co.uk/wiki/Statutory_approvals Statutory approvals].
* [https://www.designingbuildings.co.uk/wiki/Statutory_authorities Statutory authorities].
* [https://www.designingbuildings.co.uk/wiki/Trespass Trespass].
* [https://www.designingbuildings.co.uk/wiki/Wall_types Wall types].
* [https://www.designingbuildings.co.uk/wiki/What_approvals_are_needed_before_construction_begins What approvals are needed before construction begins].

= External references =

* [http://www.communities.gov.uk/publications/planningandbuilding/partywall Department for Communities and Local Government guidance on party walls].
* [http://www.legislation.gov.uk/ukpga/1996/40/contents The Act in full.]
* [http://www.bailii.org/ew/cases/EWHC/TCC/2015/47.html Chliaifchtein v Wainbridge Estates Belgravia Ltd 2015].

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