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Contents

Section 1 Planning Approval

Section 2 Building Regulations

Section 3 CDM Regulations (2007)

Section 4 Party Wall Act (1996)


 

Description:  This unit introduces the factors that need to be considered and understood in order to obtain statutory approvals.

Author:  Nigel Maddern


Section 1  Planning Approval



Aims and Objectives

At the end of this section you should be able to:
  • Explain the factors that relate to obtaining Planning Approval for a project.


Planning approval/permission is a legal requirement for all new buildings exceeding a certain size. One of its key aims is to ensure that new buildings are in sympathy with their surroundings. Key information can be found at the planning portal web spaces listed below. This is your first port of call if you are wanting to find out about the planning system in England and Wales. It provides a one-stop-shop supplying answers, services and information to anyone involved in the planning process - from home owners and businesses to planning professionals and Government officials. The Planning Portal can be used to check local development constraints, carry our research or submit a planning application or appeal online.
 
Planning Approval is required for any development which is going to impact on its surroundings within certain criteria. It is obtained via the Local Authority and is required to minimize or prevent inappropriate development from taking place and promote development which adheres to the areas Local Development Plan. Any large development project is likely to have both positive and negative effects on the locality and is often subject to strong opposition from various quarters.
 
The web links listed below give additional information, for instance the UK planning sites (both for the UK and the northern Ireland equivalent are listed) are designed to keep you informed of planning policies and applications in your local area. This portal is designed to help citizens find applications in their local areas and has other useful search tool also. It may also be beneficial to link to the other units in the repository on planning at this stage.
 
Another aspect of the planning process is the checks on the land and the usage. A useful web space below is the land registry site. This site is part of the governments aim to develop a stable, effective land registration system, providing guarantee title to registered estates and interests in land and to enable confident dealings in property and security of title by providing ready access to up-to-date and guaranteed land information, this should inform you of the due process and possible requirements of land entitlements.  
 
Ideal developments will be in sympathy with their surroundings re:
  • Scale
  • Appearance
  • Access – eg how vehicles and public reach the site
  • Infrastructure – eg the adequacy of the road networks
  • Traffic flow/parking
  • Densities – eg housing layout
  • Environmental impact
  • Government guidance on development


Websites


Publications

  • Cullingworth, J. B. Nadin, V. (2002) Town and Country Planning in the UK: Routledge. [Chapter 3].


Self-Assessment Task

  • Explain the criteria affecting whether a project is likely to gain planning approval.
  • Summarize the planning application process and how it fits within the framework of the planning system.




Section 2  Building Regulations


Aims and Objectives

At the end of this section you should be able to
  • Explain the factors that relate to obtaining Building Regulations Approval for a project.

Building Regulations are a set of Government approved documents giving technical guidance on all types of construction work. These technical standards must be achieved to obtain building regulation approval.
 
Building Regulations Approval is required for all new development with the exception of extremely minor/simplistic projects. It is obtained via either the Local Authority or an Approved Inspector and is required to ensure that any construction/alteration meets the technical standards laid down by the Building Regulation approved Documents. Detailed proposals in the form of specifications and drawings will be required to be produced by the client’s professional Design Team – and these will be checked for adequacy by the Building Control and refused/referred back for alteration or accepted (possibly subject to conditions).
 
The Government portal site for building regulations link below gives information on the Building Regulations and general advice on how they apply to various types of common building work. There is also a link there to view the Building Regulation information organised around the technical parts (A to P).  
 
Additional links of a similar nature are provided below on building regulations for Scotland – The Scottish Building Standards.
 
The approved documents are listed by letter from A – P currently, and they include the following:
 
Part A: Approved Document A - Structure (2004 edition)
 
Part B: Approved Document B (Fire safety) – Volume 1: Dwellinghouses (2006 Edition); Approved Document B (Fire safety) – Volume 2 - Buildings other than dwellinghouses (2006 Edition)
 
Part C: Approved Document C - Site preparation and resistance to contaminates and moisture (2004 edition)
 
Part D: Approved Document D - Toxic substances (1992 edition)
 
Part E: Approved Document E - Resistance to the passage of sound (2003 edition)
 
Part F: Approved Document F - Ventilation (2006 edition)
 
Part G: Approved document G - Hygiene (1992 edition)
 
Part H: Approved document H - drainage and waste disposal (2002 edition)
 
Part J: Approved document J - Combustion appliances and fuel storage systems (2002 edition)
 
Part K: Approved document K - Protection from falling collision and impact (1998 edition)
 
Part L – Dwellings:
Approved Document L1A: Conservation of fuel and power (New dwellings) (2006 edition)
 
Approved Document L1B: Conservation of fuel and power (Existing dwellings) (2006 edition)
 
Part L - Buildings other than dwellings:
Approved Document L2A: Conservation of fuel and power (New buildings other than dwellings) (2006 edition)
 
Approved Document L2B: Conservation of fuel and power (Existing buildings other than dwellings) (2006 edition)
 
Part M: Approved document M - Access to and Use of Buildings (2004 edition)
 
Part N: Approved document N - Glazing (1998 edition)
 
Part P: Approved document P - Electrical safety - Dwellings (2006 edition)
 



Websites


Publications

  • Billington, M. J. Bright, K. Waters, J. R. (2007) The Building Regulations: Blackwell.


Self-Assessment Task

  • Explain the process for gaining building regulation approval.
  • Summarize the key approved documents and how they would relate to a new build project.
  • Evaluate the impact that the latest changes to document Part L have made to current construction practice





Section 3 CDM Regulations (2007)


Aims and Objectives

At the end of this section you should be able to explain:
  • The factors that relate to obtaining and managing CDM Regulations Approval.


The Construction and Design Management (CDM) Regulations are intended to ensure that all construction work is carried out safely - with the key aims of reducing accidents and increasing cooperation of all construction industry personnel.
 
These regulations have recently been reviewed and redeveloped. The new CDM 2007 Regulations revise and bring together the CDM Regulations 1994 and the Construction (Health Safety and Welfare) Regulations 1996 into a single regulatory package. The HSE website below provides details on these changes together with the legal framework and downloadable documents to support the text. Additionally you can view or download the full document on the site for the ‘Office of the Public Sector Information’ – Guide on CDM.
 
Construction and Design Management Regulations compliance is required for all construction work including projects. Projects may also be notifiable to the Health and Safety Executive dependant on the type of work and its forecast duration. CDM Regulations are intended to ensure that health and safety is delivered before, during and after construction of any project. The client must appoint a CDM coordinator (formerly Planning Supervisor) as part of his professional Team to ensure CDM is adhered to at all stages.
 
Other useful reading supporting the requirements for CDM regulations is found on the planning portal site below, this provides useful information on the CDM regulations from the planning perspective.
 
Key documents include:
  • Pre construction information – this is H&S information for tendering contractors
  • Construction phase H&S plan – this is an H&S document produced by the successful contractor
  • Health and safety file – this is produced at the end of the project containing all relevant information
  • F10 document submitted to HSE – this notifies the existence of a large project being completed


Websites


Publications

  • Joyce, R. (2007) CDM Regulations 2007 Explained: Blackwell.


Self-Assessment Task

  • Identify the key roles and responsibilities of the parties under the CDM Regulations 2007. 
  • Explain the key features, aims and objectives of the CDM regulations.
  • Summarize how CDM approval would be obtained for a new build project.





Section 4  Party Wall Act (1996)



Aims and Objectives

At the end of this section you should be able to:
  • Explain the factors that relate to obtaining and managing any agreements which may be required under the Party Wall Act.


Explain the factors that relate to obtaining and managing any agreements which may be required under the Party Wall Act.
 
The Party Wall Act is designed to reduce disputes between adjoining owners having work carried out on their respective properties. It ensures  agreement is made between the two parties before work can be  carried out.
 
This is a separate piece of legislation with different requirements to the Building Regulations. The Party Wall Act makes provision in respect of party walls and excavation and construction in proximity to certain buildings or structures.  There will be some instances where both the Party Wall Act and the Building Regulations apply to the work being carried out. The web space link below on the Planning portal: Party wall Act, gives information on the act and the detail in respect of differing disputes. The full document can be viewed at the government link of the ‘Office of the Public Sector Information’ – Party Wall Act.
 
The Party Wall Act relates to construction work carried out on or near to an adjoining property. It does not just relate to shared party walls but includes excavation, demolition and construction close to properties which could have an effect on it. Typical examples include damage to adjacent/connected properties during piling, demolition and excavation work, making good/altering boundary walls and safety procedures during new construction work near adjoining buildings. In the event of a party wall agreement being necessary, the client must appoint a surveyor to serve notice and obtain consent (or otherwise) to the proposed work before it proceeds.
  • Key issues include:
  • Pre start condition schedule – must be carried out before work commences
  • Timescale for serving notices
  • Surveyors duties re Building owner/adjoining owner
  • 3 metre or 6 metre notices – needed in the event of excavation work
  • The formal Party Wall Agreement signed by both surveyors
  • Responsibility for paying surveyors
  • Action in the event of dissenting to agreement to the work 
 
The links below provide articles and case studies on party wall disputes.


Websites


Publications

  • Hannaford, S. Stephens, J. (2004) RICS - Party Walls: RICS. [Chapter 2]
  • Powell, D. Anstey, J. RICS. (2004) Anstey's Boundary Disputes: RICS. [Part - Chapter 2].


Self-Assessment Task

  • Explain the key features, aims and objectives of the Party Wall Act.
  • Summarize how a party wall issue could impact on a new build project.





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