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- Legislation and standards
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Last edited 20 Jan 2016
Main Statutory Considerations and Constraints
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The local plan (and neighborhood plan if it exists) should be referred to in order to establish planning policy regarding development in an area. Planning history investigation will reveal any existing relevant permissions, consents, refusals and comments from the public. Note that if the local plan contradicts with what is in the NPPF (National Planning Policy Framework), the NPPF overrides the planning history.
If under the Town and Planning Act Order 1990, the proposal is not a permitted development, it will require planning permission (or if an artilce 4 direction is in place). Pre-application advice from the local authority planning officer may be advisable. The client may consider submitting outline planning at an early stage to obtain broad approval before any substantial costs are incurred.
Most alterations that will affect external appearance of buildings in a conservation area will require permission. If work is to be done to trees, the local authority will require at least 6 weeks notification for them to decide whether to make a Tree Preservation Order. Demolition of buildings in conservation area will require planning permission.
Client should hold preliminary discussions with the planning officer to determine the likelihood, nature and extent of 106 agreements (planning obligations) and the Community Infrastructure Levy (CIL).
 Other Consents
- Certificate of lawful development - If there is any ambiguity or question over whether your proposal passes the permitted development tests, it is possible to apply for a Lawful Development Certificate.
- Mining or working of minerals.
- Scheduled monument consent.
- Certificate of immunity from listing.
- To display signs under the control of advertisements regulations.
Statutory undertakers/utilities companies should be consulted to establish any easements on the land in connection with electrical substations. This easement and possibly other restrictive covenants will be attached to the property. Common examples include an agreement not to erect any buildings or structures on the land or to use the land to run a business.
An easement is a right that someone may have to use land that they do not own in a certain way, or to prevent the owner of that land from using it in a certain way. Examples of common easements include rights of way and a right of light. They are usually created on a sale of part of land. In terms of Rights of Light, the owner of a building with windows that have received natural daylight for 20 years or more is entitled to forbid any construction or other obstruction that would deprive him or her of that illumination. Neighbours cannot build anything that would block the light without permission.
If a site is likely to be contaminated, the client needs to be aware of their duties under Part 11A of the Environmental Protection Act 1990. Possible ground surveys will need to be undertaken. HSE (Health and Safety Executive ) and Local Authority Environmental Health Department should be consulted.
Under 2014 EU fluorinated greenhouse gas regulations, duty holders are obliged to hire trained technicians to carry out work on equipment containing F gases. F gases are common in refrigeration systems, fire protection systems, air conditioning and heat pump systems.The department of environment, food and rural affairs should be consulted.
 Holding hazardous substances
If the proposal is to hold certain quantities of hazardous substances at or above defined limits, the client must obtain hazardous substance consent, in accordance with the Planning (Hazardous Substances) Regulations 2015. The Hazardous Substance Authority should be consulted.
The duty to manage asbestos is contained in the Control of Asbestos Regulations 2012. To do any building or maintenance work in premises, or on plant or equipment that might contain asbestos, there is a requirement to identify where it is and its type and condition; assess the risks, and manage and control these risks. An asbestos survey may be required. It is necessary to employ a licensed contractor to remove/work on asbestos if the materials are high risk.
Under the Highway Act 1980, the Highways England should be informed of any proposed changes to access. The local Highway authority should also be consulted and informed of any proposed changes to access.
 Environmental assessment
An Environmental Impact assessment may be required under the Town and Country Planning Regulations for large or sensitive developments. The local authority should be consulted to determine scope of assessment and sustainability requirements.
 Archeological remains
 Rivers and Waterways
The Construction (Design and Management) Regulations (CDM Regulations) are intended to ensure that health and safety issues are properly considered during a project’s development so that the risk of harm to those who have to build, use and maintain structures is reduced.
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