Legislative framework for building design and construction
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 Town and country planning
- Based on guidance from National Planning Policy Framework (NPPF).
- Provides guidance for local planning objectives + policies.
- Consult: Local authority (LA) website for LDF.
- Consult for 12 core planning principles (Paragraph 17).
- Any previous relevant objections.
- Consult: Planning Portal.
Section 106 (If large project):
- May be required for planning obligations that improve local area as compromise for disruption.
- Consult: Local Planning Authority.
Conservation Area (CA):
- Permission required for demolition and alterations.
- Article 4 direction may apply (prevents permitted development).
- Consult: LA planning website (see if area is a CA).
NPPF section 12 (for guidance of objectives and policies):
- Conservation Officer (for advice).
- Listed building: Criminal offence to alter/demolish without Listed Building Consent
- Consult: Local Planning Authority (for consent)
- Historic England Website (determine if listed)
- Planning Permission if external also required.
- Legislation: Listed Buildings and Conservation areas act 1990.
- National Importance?
- Scheduled monument consent if affected.
- Consult: LA (for consent).
- Historic England (determine if scheduled).
- Planning consultant (advise best approach).
- Legislation: Ancient Monuments + archaeological Areas act 1979
- NPPF Section 10: need to be careful when choosing site
- Consult: Environment Agency.
- Flood Risk Assessment (Hydrologist report).
- Legislation: Environment Act 1995.
- Protected species (bats/newts/birds etc…).
- Possible to restore habitat/ rehome.
- Consult: Natural England (requires surveys + reports).
- Legislation: The Conservation of habitats + species regulations 2010.
- NPPF Section 11 (120) states developer’s responsibility to decontaminate.
- Consult: LA (to arrange inspection).
- Environment Agency.
- Legislation: -Environmental Protection Act 1990.
- 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.
- Applies from start including site inspections (especially if suspected contamination).
- Consult: LA Environmental Health (for information about the site).
- Legislation: CDM 2015.
- Require survey and removal by competent surveyor/contractor.
- Legislation: Control of asbestos regulations 2012.
- Consult: Highways agency (if subject to change of access), Local Plan, LA (may require discussion over section 106 agreement).
- Legislation: Highways act 1980
- 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
- Rights any party may have over the land; Right of way, Right of support, Right of light.
- Consult: Land registry, Charted building surveyor specialising in rights of light.
- Legislation: Land registration act 2002.
- Restrictions to the site such as: land to remain open space/ prevent development/ prevent business use?
- Consult: Land registry.
- Annually renewed right of use by apparatus over or under someone else’s land for which payment is made.
- May apply to trees on site.
- Consult: LA.
- Legislation: Town and Country Planning (Tree Preservation) regultions 2012.
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