Building controlSection 57 of the Town and Country Planning Act 1990requires planning permission for the carrying out of any development on land.It is therefore important to clarify what development means in this context.Section 55 of the 1990 Act states that development means – “The carrying out ofbuilding, engineering, mining, or other operations in, on, over or under land,or the making of any material change in the use of any buildings or otherland.” Since the proposed works by the client involve demolition,constructing a new building, adding an extension, and refurbishing, it is,therefore, falls within the definition of development and will require aplanning permission.
The description in section 55 establishes two principalkinds of development: change of use and operations. Operations usually mean something that changes the physicalnature of the land/building. Use, on the other hand, does not involve the useof land for any type of operation on it. (1990 Act, Section 336.) Planning PermissionSection 57 of the Town and Country Planning Act 1990acknowledges that planning permission is obligatory for carrying out ofdevelopment on land. Section 75 describes the effect of planning permission as aguarantee of benefit for the land and people for the time being interested init. The Town and Country Planning Act Order 1995 displays aprocess on how to deal with planning application.
Article 22 states that thedecision notice must consist of reasons and appropriate policies when granting/ refusing a permission. It is up toSecretary of State to dismiss the appeal or allow it.ConsentLocal PlansThese plans were district-wide.
Local plans must contain awritten statement of the authority’ detailed policies for the development anduse of land in their area. A local planmust include policies in respect of the conservation of the natural beauty andamenity of the land.In this case, it will be Westminster’s City Plan.Unitary developmentplansUnitary development plans comprised two parts. Part 1 of aUDP consists of a written statement formulating the authority’s generalpolicies in respect of the development and use of the land in their area.
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Part 2 of a UDP consists of a written statement formulatingin such detail as the authority thinks appropriate their proposals for thedevelopment and use of land in the authority’s area. DemolitionDemolition isgoverned by section 55 (meaning of “development”) of the Town and CountryPlanning Act 1990. This was amended by section 13 of the Planning andCompensation Act 1991 to provide, in section 55 (1A) (a), that “buildingoperation” include the demolition of buildings. The term “dwellinghouse” includes buildings in use as adwelling and those, if not currently in use, last used for this purpose Itincludes detached, semi-detached or terraced houses, residential homes orhostels, and buildings containing one or more flats. Certain checks should be carried out before any structure isremoved. The age of structure; its state of preservation. The state ofpreservation should be obvious to a trained building surveyor, but the methodof construction is not always evident; therefore, it is always advisable toconsult your local authority who holds the original plans.
The age and condition of adjacent property is of primeimportance, as they may be relying for support on the property to bedemolished. Support rights, party rights, party wall arrangements withadjoining owners, boundary walls, etc. all need to be checked. Carefulexamination of the property to be demolished and adjacent property is necessaryto establish the siting of cellars, basements underground tanks and walls, etc.The local authority requirements must be checked regarding licences, scaffolds,hoardings, etc. for the protection of the public and passing traffic. Check with the appropriate statutory undertaking to locatedrains, electricity, gas, water, telephone lines, etc.
Arrangements should bemade for diversion, removal or, where they have to remain, for protection, andfor any pipes connected to foul sewers to be sealed off (sewer gas is both toxicand explosive). A temporary water supply will often be needed so that spraying,to keep down dust, can take place. Building ControlBuilding control insures that buildings comply with buildingregulations and legislations as well as securing health, safety and welfare andconvenience of people in or about buildings. And as proposed work includes demolishingthat could potentially put people in danger, it is important to comply withbuilding regulations and approved documents are there to assist. It seems thatplanning control and building control are the same since both assure safety andconvenience of people around. But in practice, purpose of both slightly differfrom each other.Purpose of planning control is to guide and help cities,towns develop in a manner they decide is right.
Purpose of building control,however, is to determine construction of buildings and their design is safe forpeople in and about as well as set of requirements for conservation of fuel andpower along with facilities provided. Change of useIt must be appreciated that a change of use is only amaterial change of use, and therefore within development control, when thelocal planning authority or the Secretary of the State so decide. Such adecision will be made when a development seeks a determination under sections191 and 192 of the 1990 Act as to whether a proposal involves development, orwhen an enforcement notice is served because of an alleged breach of planningcontrol. Developers apply for planning permission to avoid enforcement actionand to establish lawful use rights in the interest of the market ability ofproperty.Client will need permission under the Town and CountryPlanning (General Permitted Development) Order 2015, Schedule 2, Part 1, (k) –(i); where it states: “Development not permitted if it would consist or includethe construction or provision of a veranda, balconyor raised platform.”///Before commencing with the development, client must submitthe following information to the local planning authority:A written description of the proposed development including:- how far the enlarged part of the dwellingextends beyond the rear wall of the original house- the maximum height of the enlarged part of thedwelling and the height of the eaves of the enlarged part of the house- a plan indicating the site showing the proposeddevelopment – the addresses of any adjoining premisesThe local planning authority will notify neighbourhoodowners or occupiers about the proposed development by sending a notice whichdescribes the proposed development ///All the buildings areoccupied by the University of Westminster and used for teaching purposes andadministrative offices.
· In the case of change of use from office toresidential.· Replacement of office floorspace to residentialfloorspace under policy S20.· In the case of changes of use from B1 Office toC3 residential, the building was originally built.
as residential and thebuilding is substantially retained.· No commercial floorspace and / or social andcommunity floorspace is required./// Building or structurecheck1. On what type of ground is the structure erected.Some soils, notably clay, can transmit shock waves a considerable distance andtherefore do damage elsewhere)2. Check condition of roof trusses. In framedstructures, what is the type of framing – steel, cast iron, wrought iron,concrete.
Reason being unbalanced forces may occur.3. Staircases, balconies, cornices.
Where the construction is cantilevered, whattype of support or counter – weighting has been used.4. Walls – which are load bearing. Which have beenreduced in thickness by cupboards, fireplaces, etc. and will, therefore, needprotective support. What is the condition and thickness of any walls or gablesthat are to remain. What effect might the removal of buttress walls have on anysurrounding structure.5.
Since the client wishes to build a multi-storybuilding, what system of stressing and construction was used. This informationis vital to ensure safe working. It is therefore necessary to enquire from thelocal authority as well as have the structure inspected by a specialistengineer. 6. Given buildings have basements, therefore it isimportant to check whether or not these extend beneath pavements (either in theproperty to be demolished or in that adjacent).
Do they require filling.7. Mentioned buildings may have street closures,client needs to make arrangements with the local authority.
The code of practice– CP94:1971 – Demolition UDC 69.069.6Section 2.2.2.Statutory noticesIt is a requirement that any demolition work which isexpected to last more than 6 weeks should be reported to HM DistrictConstruction Inspector of Factories before the work commences.
Section 3.3.1. Safetyand convenience of third partiesThe requirements are for a 2.438 m high corrugated fence tosurround the sites.
Before any demolitionwork takes place, the owner of the building must notify as appropriate:1. The local authority under the Public Health Act1961 (Section 29);2. The District Surveyor in the Inner London Areaunder the London Building Act (Amendment) 1939;Section 3.
4.1 GeneralIn respect of adjacent property, the client must, in hisoriginal survey, have agreed with the adjacent owners or occupiers whetherpermanent or temporary weather-proofing is t be applied to all or any exposedperimeter walls on their property, and if any permanent or temporary supportsare required. The exposed walls may require rendering as a permanentweather-proofing or a liquid or polythene membrane fixed to the walls as atemporary measure.
Safety and general precautions Demolition contracts are frequently lost in firms whoundercut on pricing with the sole purpose of making little or no attempt tocomply with statutory and other safety legislation. HSE is the officially responsible body. Safe workingpractices and safety is covered by HASAWA and HSE. Few of the recommendations will be listed below:1.
A survey of the physical characteristics of thebuildings should be mandatory and a written record of the survey should be keptavailable for inspection (paras 11 and 12).2. A duty should be laid on the client wheninviting tenders for a contract to supply the contractor with all theinformation available to the client about potential hazards involving theproperty to be demolished.
3. A contractor should be under a duty not to startwork until he has a certificate from the gas and electricity authorities thatall known supplies have been cut off from the site except those required forthe execution of the work.4. The Department of the Environment should issueadvice to local authorities having control over space around demolition sites,urging them to separate the public from the demolition work to the maximumpossible extent. Town and country planningAin of planning is to maintain some control and order to thepattern of development. Party WallThe Party Wall Act 1996 provides a framework for preventingand resolving disputes which can arise between neighbouring owners in respectof party walls and similar matters.
It deals with three main issues: 1. Construction of new walls on boundaries betweenadjoining owners’ land2. Repairs and modifications to existing partywalls3. Excavation near to neighbouring buildingsResolution of DisputesUnder section 10 of the 1996 Act, In the event of a dispute,the parties may appoint a ingle “agreed surveyor” to draw up an “award” tosettle the dispute. Alternatively, each party may appoint a surveyor and thetwo surveyors forthwith select a third surveyor. In this case the 1996 Actprovides that the three surveyors, or any two of them, shall draw up the award.In certain circumstances the third surveyor can be called upon to draw up theaward on his own.It is important to know that local authority will not beinvolved in the resolution of disputes beyond identifying a private sectorsurveyor willing to act as a third surveyor.
