Last edited 05 Jan 2020

Main statutory considerations and constraints

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Contents

[edit] Conditions of Appointment of an Architect

Under the RIBA Standard Conditions of Appointment of an Architect 3.10.1, the Client acknowledges that the Architect does not warrant that planning permission and other approvals from third parties will be granted at all, or if granted, will be granted in accordance with any anticipated time-scale.

[edit] Local plan

The local plan (and neighbourhood 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 what is in the National Planning Policy Framework (NPPF), the NPPF overrides the planning history.

[edit] Planning permission

If under the Town and Planning Act Order 1990, the proposal is not a permitted development, it will require planning permission (or if an Article 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.

If a change of use is required, it is best to obtain guidance and advice from professional planning consultants. See use class.

[edit] Listed buildings

The general principles are that all buildings built before 1700 which survive in anything like their original condition are likely to be listed, as are most buildings built between 1700 and 1850. Particularly careful selection is required for buildings from the period after 1945. 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 Buildings Consent is required for demolition, alterations and additions to a listed building. The local authority conservation officer and Historic England should be consulted. Listed Building applications run in parallel to planning applications.

[edit] Protected views

In London, there are many protected views, particularly along the river Thames. Refer to the London View Management Framework and consult Historic England.

[edit] Protected Species

Legislation dictates that any structures or place which a bats use for shelter or protection are protected from damage or destruction whether occupied or not.

If a bat survey has not already been undertaken to determine the potential for bats on site, and or the presence of bats, the authority should request that the developers commission an appropriate survey

If a bat survey demonstrates that bats and/or a known roost are likely to be affected by the proposed development and planning permission is to be granted, a condition should be placed on the decision notice requiring the developer to apply for, and obtain, a European Protected Species Licence before work commences.

In the case of unlawful destruction of a roost or harm to a bat, severe penalties and potential prosecution may be incurred.

Please refer to Wildlife and Countryside Act 1981,conservation, habitat and species regulation 2010. for further information.

[edit] Conservation area

Alterations that will affect the external appearance of buildings in a Conservation Area may require Listed Building / Conservation Area Consent. If work is to be done to trees, the local authority will require at least six weeks' notification for them to decide whether to make a Tree Preservation Order (TPO). Demolition of buildings in conservation areas will require planning permission.

[edit] Section 106 agreement / Community Infrastructure Levy

Clients should hold preliminary discussions with planning officers to determine the likelihood, nature and extent of 106 agreements (planning obligations) and the Community Infrastructure Levy (CIL).

[edit] Other consents

[edit] Easements

[edit] Substations

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.

Wayleaves are a means of providing rights for a company to instal and retain their cabling or piping across private land in return for annual payments to the landowner.

[edit] Right of way / right of light

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 the sale of a 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 them of that illumination. Neighbours cannot build anything that would block the light without permission.

[edit] Contamination / hazardous substances

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.

[edit] F gases

F gases are common in refrigeration systems, fire protection systems, air conditioning and heat-pump systems.

Under 2014 EU fluorinated greenhouse gas regulations, duty holders are obliged to hire trained technicians to carry out work on equipment containing F gases. The Department of the Environment, Food and Rural Affairs should be consulted.

[edit] 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.

[edit] Asbestos

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, 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.

[edit] Highways

Under the Highway Act 1980, 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.

[edit] 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 the scope of assessment and sustainability requirements.

[edit] Party wall

Under the Party Wall Act 1996, a party wall notice may be required. A party wall surveyor and adjoining owners should be consulted.

[edit] Archaeological remains

Clients should refer to PPS 5 (Planning Policy Statement 5): Planning for the Historic Environment, as well as arrange for an archaeological investigation

[edit] Rivers and waterways

Client should consider the implications of river frontage and the possible need for flood prevention measures. Refer to PPS 25 Flood Risk and consult Environment Agency / Canal and River Trust.

[edit] CDM

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.

[edit] Related articles on Designing Buildings Wiki

[edit] External references