Legislative framework for building design and construction

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[edit] Town and country planning

Development

• 'Carrying out of building operations, engineering operations, mining operations, or other operations in, on, over or under land or the making of any material changing the use of the buildings or other land' Section 55 (1), Town and Country Planning Act 1990
• Requires planning permission either:

1. Full Planning: Section 62, Town and Country Planning Act 1990
2. Outline planning: Section 92, Town and Country Planning Act 1990

• Some development does not need an application for planning if it is a permitted development, or has permitted development rights - NB these are restricted.

Local Plan (Local Development Framework LDF):

• 'Plan Led' system - a series of plans produced by local planning authority which set out framework for future development
• Based on guidance from National Planning Policy Framework (NPPF).
• Provides planning authorities, designers/builders and local communities with guidance on local planning objectives + policies
• Consult: Local authority (LA) website for LDF.

NPPF 2012:

• Government planning policies and guidance
• Consult for 12 core planning principles (Paragraph 17).
• Encourages sustainable development through its -

1. Economic role
2. Social role
3. Environmental role

Planning history:

• Any previous relevant objections.
• Consult: Planning Portal.

Community Infrastructure Levy (CIL)

• CIL a planning charge for new developments which creates net additional floor space over 100m2 or a new dwelling. NB exemptions apply
• Is the replacement of Section 106 Agreement
• May be required for planning obligations that improve local area infrastructure as compromise for disruption.
• Consult: Local Planning Authority.
• Legislation: Planning Act 2008; CIL regulations 2013, Town and Country Plannting Act 1990

Conservation Area (CA):

• Full Planning Permission required for demolition and alterations within a CA.
• Criminal Offence to do carry out work without permission or if you do not meet the planning conditions.
• Article 4 direction may apply (prevents permitted development).
• Consult: LDF + LA planning website (see if area is a CA).
• Legislation: Planning (Listed Buildings and Conservation Areas) Act 1990

Listed building:

• Criminal offence to alter/demolish without Listed Building Consent
• Consult: LDF ( for information on local listings) + Historic England Website (determine if listed) + Local Planning Authority (for consent)
• Planning Permission may also be required (separate application)
• Legislation: Listed Buildings and Conservation areas act 1990.

Scheduled monument:

• National Importance?
• Scheduled monument consent if works to maintain, disturb, alter or repair.
• Consult: LA (for consent) Historic England (determine if scheduled).
• Planning consultant (advise best approach).
• Legislation: Ancient Monuments + archaeological Areas act 1979

Sustainability and Health and safety

Flood risk:

• May restrict prevent development - inappropriate development at risk, or if it could increase flood risk else where.
• NPPF Section 10: need to be careful when choosing site
• Local plans- 'Strategic Flood Risk Assessment'
• Consult: Environment Agency.
• Flood Risk Assessment (Hydrologist report).
• Legislation: Environment Act 1995.

Wildlife:

• Protected species (bats/newts/birds etc…).
• Possible to restore habitat/ re-home.
• Consult: Natural England (requires surveys + reports) to obtain licence before any work can proceed.
• Criminal offence to damage, destroy, obstruct of species or their habitats.
• For projects which may have a significant effect on the environment, they may require a Environmental Impact Assessment. NB - potential programme implications
• Legislation: The Conservation of habitats + species regulations 2010.

Contamination:

• NPPF Section 11 (120) states developer’s responsibility to decontaminate.
• Consult: LA (to arrange inspection to confirm contamination).
• Environment Agency - has technical guidance.
• Legislation: -Environmental Protection Act 1990.- Section 61- obligates landowner to bring pollution to an end.

Green belt:

• NPPF Section 9 protects this.
• Key part of the National Public Policy to prevent urban sprawl.
• Consult: LDF+ LA to establish if land is green belt.

Asbestos:

• Require survey and removal by a licensed contractor.
• Legislation: Control of asbestos regulations 2012.

Highways:

• Any significant amounts f movement should be supported with a transport statement or assessment.
• Consult: Highways agency (if subject to change of access), Local Plan, LA (may require discussion over section 106 agreement).
• Legislation: Highways act 1980

Party Walls:

• Prior to works, must give notice to adjoining neighbours of intention to build on boundary line/within 6 meters of it.
• Act provides mechanism for resolving disputes.
• Consult: Adjoining Owners
• Legislation: Party Wall Act 1996

[edit] Land law

Boundaries:

• Need to establish boundaries of ownership before any work on site
• Consult: LA, Land Registry, Client.

Easements:

• Rights any party may have over the land; Right of way, Right of support, Right of light, rights of drainage (utility easement)
• Consult: Easements must be registered so consult Land registry, Charted building surveyor specialising in rights of light.
• Legislation: Land registration act 2002.

Restrictive covenants:

• Restrictions to the future development such as: land to remain open space/ prevent development/ prevent business use?
• Consult: Land registry if registered, or Land Charges Registry if not.

Wayleaves:

• Annually renewed right of use by apparatus over or under someone else’s land for which payment is made.

Tree preservation order (TPO):

• May apply to trees on site.
• Its an offence to cut down, uproot or destroy tree with TPO
• Consult: LA.
• Legislation: Town and Country Planning (Tree Preservation) regulations 2012.

Fire Safety

• The order requires a "responsible person" to make a suitable and sufficient assessment of the risks and emergency plan.
• Legislation: The Regulation Reform (Fire Safety) Order 2005

Building Control

• Building Regulations 2010 under the Building Act 1984

Party Walls

• Party Wall etc Act 1996

CDM:

• Must make client aware of responsibilities involved with CDM 2015.
• Ensures health and safety properly considered throughout development to reduce risk of harm to those who build, use and maintain it.
• Principle designer applies CDM from start including site inspections (especially if suspected contamination).
• CDM planning period must be in the programme
• Cannot contract out of it
• Consult: LA Environmental Health (for information about the site).
• Legislation: Construction (Design and Management) Regulations 2015.