What is the difference between planning and building control?

Posted on January 26, 2012 by Nigel

When it comes to gaining consent for their project, many people are confused about the regulatory roles of their local council. Most people are aware of planning, but often don’t realise there are two different consents that may be required.

Planning Permission

Planning permission is concerned with how the project relates to its setting and its neighbours. In determining the application the siting, design, scale and materials of the proposal will be considered, as well as its impact on neighbouring properties and the environment. Neighbours and the public have the opportunity to comment on planning applications through an open consultation during the planning process.

Planning applications are assessed against national and local planning policies taking into account the views of any objectors. Applications are decided by either planning officers or local councillors.

The public involvement and the role of local politicians in deciding planning applications can result in arguments for and against being both emotional and politically charged. Many planning policies are subjective in nature and therefore open to differing interpretation. The subjective nature of policies results in a degree of uncertainty regarding the outcome of most planning applications.

Building Control

Building control asses applications and the building work against national Building Regulations. The Building Regulations among other things safeguard a minimum standard of structural stability, sanitation, ventilation, energy conservation and access for disabled people. Building control not only determine applications, but carry out inspections of the work in progress.

Building control do not consult with the public and the regulations are written in a guidance style, with prescriptive requirements which are far less subjective in nature than planning policies. Building control is undertaken solely by technical surveyors without the involvement of local politicians in the process.

Which permission is needed?

Not all work requires Planning or Building Regulation consent. Certain small additions can be undertaken without consent being necessary which varies depending whether the house is attached or detached. Generally if you are building an extension or carrying out structural alterations, you will need Building Regulation approval. Other than for smaller extensions to the side or rear of a house, planning permission will be required. The Government’s Planning Portal provides householders with advice as to whether certain projects require permission or not. In all cases I would advise either discussing the proposal with the local authority, or an expert in this field.

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A coordinated approach to design

Posted on January 2, 2012 by Nigel

When owners of older homes plan improvements, they all too often set about redecorating, installing a new kitchen or bathroom, or adding an extension onto a space that was designed for a different generation without a proper overall plan. These homes built before the advent of central heating, decent insulation and modern domestic appliances, not forgetting today’s flat screen TVs and entertainment systems, are often packaged as a series of individual rooms with solitary functions.Coordinated design

A more coordinated approach to updating an older home would be to plan and decide how best to use the available space in the 21st century. This strategic approach should consider spatial flow, aesthetics, merging uses and reconfiguring walls and doorways. The strategy should question whether kitchens and bathrooms are in the right locations, whether certain functions are required and whether new spaces should be created, with all of this balanced by the individual requirements of how the owners live.

All too often I encounter problems through my work where the owner has in the last couple of years, shelled out quite large sums of money on improvements, only for them not to work out, or be in the wrong place, when it comes to adding a simple extension or carrying out a further alteration. These problems are also all too common to anyone searching to buy a new second hand home, where the previous owners have carried out so called improvements. Having a coordinated planned approach to updating an older home would overcome these problems and helps create a home with space and style fit for the 21st century.

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Does a 100% success rate with planning applications mean that the architect is any good?

Posted on November 19, 2011 by Nigel

Like it or not, applying for planning permission is a bit of a gamble as to whether permission will be granted or not. However, some architectural practices boast that they have a 100% success rate with planning applications as a way of demonstrating their track record, but is this “approved each time” approach beneficial to the client and good design. On the face of it achieving 100% success with planning applications, something that is a bit of a risk, appears to be excellent, but the real question has to be; how is that success achieved?

Safe design

If the approach taken, is to only create “safe” non controversial designs that do not push the boundaries of what is possible and achievable, then that would not be in the interest of clients seeking an unusual design.

Withdrawal of application

If an architectural practice encourages the withdrawal of planning applications that come under objections from neighbours or the planning office as a way of avoiding  a rejection, only to reapply with a diluted or compromised scheme, that again may not be in the best interest of the client. The early withdrawal of an application to avoid a refusal in this way, indicates self doubt and suggests lack of true commitment and belief in the original proposal.

Pre application advice

The approach of seeking the advice of the local planning authority on every domestic application as a way of hedging their bets and improving the chances of planning permission is a route I would not advocate for professional designers. Seeking pre-application advice should be reserved for projects that appear tricky from the outset, or are on listed buildings or within Conservation areas.   The planning system and design is very subjective in its nature. Yes, there are prescriptive rules that must be adhered to, but when it comes to good design and issues of scale, character and bulk that is more difficult to quantify. Before asking a planning officer to comment on a radical or unusual design at an early stage, you need to be aware of the implications. If the planner should take a dislike to the scheme, would you be prepared to modify the proposal or abandon the idea before it saw the light of day in favour of a more conservative design?

The acid test

The acid test of any planning application is to let it run its course, see what objections there are if any, and let a decision be taken by the local authority. The decision may be by the planning officers’ under delegated powers or may be out of their hands and taken by a committee of elected councillors. Sometimes they get the decision right, sometimes they get it wrong. Our website features two properties that were refused by local planning authorities on design grounds, that went on to gain approval on appeal.

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Outdoor Space and Style

Posted on September 15, 2011 by Nigel

The trend started in the USA for gardens to be designed as rooms, which can be an extension of the home during mild weather is catching on in Britain.  Homeowners are increasingly looking for their social spaces in the garden to be more than just place where a table and chairs is placed on the patio.

The ingredients of these outdoor rooms often feature comfortable sofas, generous tables for alfresco dining, screening, good lighting and easy access to the house and garden. If you want to create your own outdoor room the great news is that there are few rules of how best to design one. Day beds, fire places, hot tubs, hammocks and even chandeliers can feature in rooms in the garden, the only mandatory rule is that the emphasis should be on comfort and chilled relaxation.

 

Whilst it is too late to plan your outdoor space in the garden for this year, now is the perfect time to start planning for next year to make the most of the spring weather.

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Public sewers and extensions

Posted on August 19, 2011 by Nigel

At a time when the Government is reducing public expenditure whilst committing itself to reducing red tape, it is surprising to learn that the coalition has introduced legislation to transfer 100s of thousands of miles of private drainage into public ownership.  The driving force for the changes which will be introduced on the 1st October 2011 are unclear, but what is sure is that there will be cost implications to all householders and not just the ones who are extending.

Before October 2011

Up until 1st October, most drains serving dwellings are in the private ownership of the house owner who is responsible for the maintenance of the pipes. The current exception to these private drains are public sewers which were  installed before 1936 and serve more than one property or more recently, pipes which serve many properties where they have been adopted by the sewerage authority.  At the Building Regulation stage, anyone wanting to build within 3m of a public sewer must do so only with the permission of the sewerage authority, who invariably impose strict conditions relating to the protection of their sewer.

After October 2011

After 1st October, all shared drainage serving more than one property will become public sewers, as will drainage serving only one property that passes over someone else’s land.  As a result of the changes the instances where the permission of the sewerage authority is required before building can take place will increase significantly.

Possible implications

1.    Lack of coordinated records

The existing stock of public sewers is catalogued by water authorities and is held on sewer records and plans which are easily accessible for inspection. Unfortunately, the extended network of public sewers is not so easily traceable. Maps or plans showing the new sewer records are held in an uncoordinated manner by a number of different authorities and organisations. A large portion of the drainage records will be filed among tens of 1000s of different Building regulation application for new houses lodged with Local Authority Building Control, however since 1985, 1000s of houses have been built where the Local Authority has no record of the drainage. These records are lodged with Approved Inspectors (private Building Control contractors). Until the public sewer records are updated to show the extended network, which will be a massive task, delays in processing Building Regulation applications may occur if there is any uncertainty regarding the ownership of a drain

2.    Locating sewers

As a result of the changes identifying existing sewers on site at an early stage will become more important when planning a project. A proper investigation of the drainage system should be carried out at an early stage to avoid delays.

3.    More restrictions on building

Sewerage authorities generally allow new buildings or extensions to be constructed close to, or over smaller public sewers with conditions. Among other things, these conditions usually require new foundations or walls that are parallel to the sewer to be a minimum of 500mm away from the sewer. This means that if a sewer was sited 3m from the rear of the property an extension could either be 2.5m from the rear of the property or would have to be extended over the sewer to a depth of say 3.8m which would allow the inside cavity wall to be 500mm from the sewer. No such requirement is imposed where the drain is in private ownership and it is usually possible to build much closer to private drains.

4.    Only Full Plans applications accepted.

Where the work is in proximity of a Public Sewer, the Building Notice procedure much loved by DIYers and small jobbing builders is not accepted by Building Control.  The only way to proceed where the work is within 3m of a sewer is with a Full Plans application with architectural drawings for the work.

5.    Higher construction standards

The standard of work and materials for constructing public sewers and manholes is more onerous than for private drains. For example it may not be possible to use plastic inspection chambers or pipes on sections of pipes that will be classified as public sewers.

6.    More frequent consultation

Taking the example of a typical housing estate, all of the houses are generally connected to private drains that usually run through the gardens and only the pipes running in the road would normally be public sewers. With the changes all of the pipes running through the gardens will be public sewers where they serve more than one property. It is therefore likely that many more extensions will involve building near a sewer.

7.    Increased  costs

The cost of dealing with 1000s of additional consultations from Building Control not forgetting the massive additional public cost of maintaining the increased sewer network will not be absorbed by the sewerage authorities. The next wave of bills by the sewerage authorities will start charging householders for their increased workload.

Before embarking on your project, speak to an expert to guide you through the rules and regulations.

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Why you should avoid changes to the design once work is underway

Posted on July 20, 2011 by Nigel

OK, so you have all of your permissions, the builders are halfway through the job when you suddenly have a change of mind.  On the face of it, the changes you want aren’t that drastic. You simply want to move that wall forward by 500mm, or you have decided to add an extra window to the side, fine, you are the client, but those small changes could cost you dearly.

Planning 

Changes to the design can easily fall foul of the original planning permission. Approvals usually require the work to be carried out strictly in accordance with the plans. Occasionally, minor amendments will be accepted by the planning authority on an exchange of letters and revised plans basis, but increasingly planners are insisting on a fresh application where they deem the changes material to the scheme.  Should a fresh application for your changes be necessary, this could prove costly in terms of time delays and uncertainty.

Extras

Unless at the tender stage you told the builder to; “name his price and the job was his”, it is likely that the builder priced the work competitively in a bid to secure the job. The competitive environment that kept the builder’s price reasonable would be reversed if you make changes to the work during the build. In this situation, the builder would be under no pressure to quote keenly for the changes, as he would be the only one pricing them. In fact the builder may try and recoup some of the profit he trimmed when he originally priced the job.

Liability

Changes to the design which are not sanctioned by the designer can move responsibility for future problems from the designer to the builder or the client. Here the greatest risk involves even small changes to the structural design, or details which could effect the performance of the building.    

The design

Making changes during the course of a build can have a detrimental impact on the overall design. During the build, the owner is generally focussed on making decisions relating to details; such as the choice of cupboard fronts, the type of light fittings etc. This detail approach rarely allows for an overall appraisal of the scheme as a whole. Moving a window for example, may be motivated by a wish to make it central to a piece of furniture and an internal wall without regard to the effect on the external proportions.

The knock on effect

Many people don’t realise that changes often have repercussions to other parts of the build. For example a carpenter building the roof suggests that the roof would be stronger if a roof beam over a new staircase was installed below the ceiling line, as opposed to within the depth of the roof (a change fuelled by the carpenter wanting to make his life easier). The change results in the designed stairs not achieving sufficient headroom beneath the beam, which necessitates a change to the design of the stairs as well as alterations to the trimming around the stairs. This example which happened on a job I was involved with a couple of years ago, resulted in an increase in costs approaching £1000 for the more elaborate staircase and alterations to the bulkhead, whilst the clean lines of the open plan stairs were compromised.

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