PLANNING PERMISSION AND SCHEME DESIGN

Once you have decided what your requirements are, and have furnished your architect/designer with sufficient information, they will produce drawings based on your ideas. These should also take into account the planning authority’s criteria.

Most projects will require planning permission although minor domestic works such as porches, conservatories etc. may be approved as ‘permitted development’ (not requiring a planning application) by the local authority. But this should always be checked with them as the rules are complex, and it is always sensible to obtain written confirmation if this is the case.

Planning guidelines

While the local authority has planning guidelines (referred to as the local plan), these are open to interpretation. Even if the planning officer is in favour of the scheme, it can often be refused by the planning committee.

Planning permission has to be obtained for most major building works. The permission deals with the issues surrounding the design, e.g. use and appearance (plans and elevation), which should not be confused with the construction drawings, e.g. sections, details, etc.

Impact of the scheme

The planning authority will consider the general impact that the development will have on the site and surrounding area. In the case of the work being of a commercial nature, environmental issues will be considered, particularly if there are specified hazards such as dust, noise, chemicals, etc.

Not only will they consult with adjoining neighbours but they may also obtain advice/consent from other departments such as Highways, Environmental Health or other organisations such as English Heritage.

Notification of the scheme

Part of the planning process involves notifying/advertising the development. The basic details should be advertised in the local press or by means of the ‘yellow’ site notice displayed on the site boundary. This allows interested parties 21 days to inspect the deposited plans and make comments to the planning departments.

Timing of consent

Obtaining planning consent can be a lengthy process and will take at least 6-8 weeks although in practice it is more like 12-16 weeks for simple projects.

With this in mind it is, therefore, very important to consider the time of year that you would prefer to have the work carried out. If, for example, the work requires your home to be exposed to the elements and, due to financial constraints, you have decided not to have a fully covered scaffold over the property, it would make more sense to try to have the work carried out when it is less likely to be freezing cold or wet for long periods.

Works lacking consent

It is a legal requirement to obtain planning consent (if needed) and works started without planning approval can be stopped by an injunction from the local authority. You may also incur fines, and an order to reinstate any work previously carried out appertaining to the injunction.

Duration of consent

Normally planning permission (consent) lasts for five years. This means you have five years in which to start the work.

BUILDING REGULATIONS

The building regulations are completely different from local authority planning approval and are concerned with the construction of the building and its services. They evolved following the Great Fire of London and were used to protect the public from dangerous building construction and to improve public hygiene, e.g. foul drainage etc.

Due to new technology, and new and improved methods of construction, the building regulations continue to grow in size and complexity and cover most areas of construction. New areas being considered are the use of recycled building materials/products (conservation of natural resources).

Building regulations are a set of minimum requirements, which have been designed to secure the health, safety and welfare of people in and around buildings. The building regulations are made under powers given in Schedule 1 of The Building Act 1984, by the Secretary of State.

The fourteen ‘parts’ of Schedule 1 to the Building Act are:

A	Structure
B	Fire Safety
C	Site preparation and resistance to contaminants and moisture
D	Toxic substances
E	Resistance to the passage of sound
F	Ventilation
G	Hygiene
H	Drainage and waste disposal
J	Combustion appliances and fuel storage systems
K	Protection from falling, collision and impact
L	Conservation of fuel and power
M	Access to and use of buildings
N	Glazing – safety in relation to impact, opening and cleaning
P	Electrical safety

To gain a clearer understanding of these regulations for specific areas, you can access the Office of the Deputy Prime Minister’s (ODPM) website, www.odpm.gov.uk. The ODPM’s responsibilities for local and regional government including, fire, housing, planning, estate regeneration, social exclusion and neighbourhood renewal, puts the Office at the heart of the Government’s ambition to improve sustainable communities for all.

Understanding your requirements

Complying with the building regulations is different from obtaining planning permission for your work. Similarly, obtaining planning permission is different from taking action to ensure that your work complies with the building regulations.

Researching details of building regulations will help you to understand what is required on your specific project. Your local authority department that deals with building control issues should be able to provide you with the information that you require. Alternatively, the department should be able to provide you with the details of where to obtain specific information.

Your architect will know which regulations are required for your project and will incorporate them in the drawings, both in writing and where necessary in detailed drawings.

Inspection of building regulations

The regulations are inspected by BCOs (building control officers) who ensure the plans that have been approved are being followed.

It is the responsibility of the builder to inform the BCO when each of the regulations needs to be inspected. It is advisable to find out what inspections are likely to be carried out on your project, and ask the builder/contractor to provide you with written evidence that the inspection took place. The BCO may sign a visitor’s book, but they will not usually sign to say that something has been inspected and passed.

This is due to the fact that, although an inspection may have been carried out and the element being inspected did not fail the inspection, there will be a final inspection at the end of the project. Elements such as drainage, glass, manholes and other aspects need to be inspected and passed once the project is complete.

The elements that need to be inspected at various stages differ but they include:

• excavations;
• foundations;
• membranes (damp proof courses etc.);
• drainage;
• structural elements etc.

Responsibility for defective work

While the works are inspected by the BCO, it should be noted that the BCO cannot be held responsible for defective work. The responsibility for this lies with the designer or builder.

Although the BCO must be invited to inspect the work at various stages they have no obligation to do so, and can decide to inspect elements later on in the project if they desire. This ensures that the builder/contractor is aware that at all times the work must reach the minimum standards for design and construction.

If at some stage the BCO inspects work that has been covered up such as drainage, and it subsequently fails the inspection, it will be the responsibility of the builder/contractor to rectify the work at his own expense.