Legislative framework for building design and construction

To help develop this article, click 'Edit this article' above.

[edit] Town and country planning

Local Plan (Local Development Framework):

• Based on guidance from National Planning Policy Framework (NPPF).
• Provides guidance for local planning objectives + policies.
• Consult: Local authority (LA) website for LDF.

NPPF:

• Consult for 12 core planning principles (Paragraph 17).

Planning history:

• 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.

Scheduled monument:

• 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

Change of use, if required. See use class.

[edit] Sustainability and Health and safety

Flood risk:

• NPPF Section 10: need to be careful when choosing site
• Consult: Environment Agency.
• Flood Risk Assessment (Hydrologist report).
• Legislation: Environment Act 1995.

Wildlife:

• 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.

Contamination:

• NPPF Section 11 (120) states developer’s responsibility to decontaminate.
• Consult: LA (to arrange inspection).
• Environment Agency.
• Legislation: -Environmental Protection Act 1990.

Green belt:

• NPPF Section 9 protects this.
• Consult: LA to establish if land is green belt.

CDM:

• 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.

Asbestos:

• Require survey and removal by competent surveyor/contractor.
• Legislation: Control of asbestos regulations 2012.

Highways:

• 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:

• Consult to establish boundaries:
• Consult: LA, Land Registry, Client.

Easements:

• 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.

Restrictive covenants:

• Restrictions to the site such as: land to remain open space/ prevent development/ prevent business use?
• Consult: Land registry.

Wayleaves:

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

Tree preservation order:

• May apply to trees on site.
• Consult: LA.
• Legislation: Town and Country Planning (Tree Preservation) regultions 2012.