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Planning control was created to control the development and use of land, planning control allows Local Authorities to regulate the way land is used and to protect citizens rights. It prevents land owners from infringing on other peoples rights such as light and services.
Newcastle's Planning department make sure Hamilton Properties planning proposal does not have any adverse affects or changes on its surroundings, the department will ensure the proposed changes do not make the building look out of place and will ensure the changes are suitable for its purposes. Newcastle city councils planning departments decisions will be made in line with "The Planning and compulsory purchase act 2004" (1)
Hamilton properties development is within the Summerhill Conservation Area and for that reason Newcastle City Council will be following the "Supplementary planning document for Summerhill Conservation Area Management Plan on 19th April 2007". This will ensure the proposal is respectful of the conservation area and complies with the conservation area limitations.
Specific Controls and Regulations that apply and why
To ensure a quick and efficient service, Newcastle city council has compiled a check list for new planning applications. For this there are a number of sections Hamilton properties should complete. A few of which are listed below.
Listed Building/ Conservation area appraisal
Victory House is in a conservation area; for that reason design concepts must demonstrate how the proposal will take into account the character of existing buildings
A Transport Assessment
As Victory house is going to have a variety of uses, it may be subject to a transportation assessment which will classify it in respect of the amount of traffic it is likely to be subject to.
Hamilton properties must complete a full survey as the new mansard roof will be built on top of the current building. This will impose further stress onto the building. The report must demonstrate that the current building is safe and strong enough to hold another level.
Town Centre Users Assessment
As Victory house is in a city centre Hamilton Properties must produce information regarding the effects the development will have on the city centre.
The government has provided Guidance under the name of Guidance PG18 which Newcastle LA follows. This guidance provides the LA with enough information to enforce government planning policies in accordance with "The planning and compensation act 1991"
As Victory house is in a conservation area the following must be submitted
A full planning application,
Application for listed building consent for alterations, extension or demolition of a Listed Building
Duty of Compliance
Hamilton Properties must comply with the planning controls as the town and country planning act requires them to do so.
Procedures to Comply
So that Hamilton Properties will comply with the controls they must follow a few simple procedures.
Any changes must only be completed with the approval of the LA
Any work carried out must be carried out in accordance with the LA's instructions and no further work must commence unless permission is given.
The building must not change the character of the area or the building as it is within a conservation area.
Responsibility for the Administration of Controls
Newcastle Council planning team will be responsible in charge of administering the controls, if the application is refused Hamilton properties can appeal it going as high as the secretary of state.
How are the controls enforced
The "Planning and compensation Act 1991" gives full permission to the LA to enforce its regulations. If work is completed that does not meet the LA's conditions or requirements they have the power to stop any further work on the site and also have the unsatisfactory work removed via an enforcement notice or a stop notice.
Purpose of Controls
As the building is within a busy city centre Hamilton properties must take into consideration the wellbeing and safety of their immediate neighbours and buildings.
What are the Specific Controls and Regulation which apply and why?
All work completed under the building act 1984 are applied through the building regulations 2000 full plans submission form. All vital information is checked at the initial stage (stage 1). This ensure all crucial information is provided and complies with the regulation, Hamilton properties are eligible to make amendments after the form is submitted. This can be done through Newcastle's online procedure known as "submit a plan".
Stage 2 is when work begins and the site is visited by a building inspector from the LA, this is to make sure work is being completed in accordance with the building regulations.
Hamilton properties have to comply with the following building regulations parts.
Part A - Structure
The building must be structurally sound with no dangers; work must not affect in anyway their 3 neighbour's buildings.
Part B - Fire Safety
The five categories are: The following categories must be met.
Escape routes -If there was a fire occupants will be able to exit the building in safe and quick manner. Clear signs must be used and working fire alarm systems must be active
Fire spread inside - The building must be designed to prevent the spread of fire, this can be achieved by installing fire doors and lining walls ceilings and floors with fire resistant materials.
Outside fire spread -Steps must be taken to prevent a fire inside victory house spreading to its neighbours, this can be done by using fire resistant materials or by installing sprinklers on the external edges of external walls as many of the walls are party walls.
Access and facilities for the fire service -This is difficult with victory house as their are no side exits or entrances, access must be created possibly through the light well.
Evacuation plans must also be made taking into account disabled users.
Part C - Site Preparation and Resistance to contaminants and moisture
High levels of sanitation must be provided to ensure no horrible smells or contaminants are present.
Part D - Toxic Substance
The building may contain asbestos as it was built in the early part of the century when this was a common building material.
Part E - Resistance to the Passage of Sound
Noise must be kept to a minimum from victory house between its neighbours, sound stops can be installed as well as insulation.
Part F - Ventilation
The building must be well ventilated to ensure a fresh supply of oxygen is provided and waste air is extracted
Part G - Hygiene
Guidance is provided regarding
Hot water storage
Fresh water supply
Part H Drainage and Waste Disposal
Draining and waste removal must be taken into account. Solid waste removal must be provided this can be completed via bins.
Part J Combustion and Appliance and Fuel Storage System
All boilers and chimney flues must be installed in a safe way with tradesmen gas fittings must be fitted by gas safe . Ensuring no carbon monoxide leaks
Part K - Protection of Falling, Collision and Impact
Hamilton properties have a duty of care to occupiers of the building to ensure provisions are made to keep the occupiers safe, and example is to put hand rails on stair cases.
Part L - Conservation of Fuel and Power
The building must be designed in an environmentally friendly way. This means things like u values and insulation should be taken into account. Double glazing and energy efficient appliances are another way to achieve this. However as the building is in a conservation area it may be exempt from part L.
Part M - Access to and use of Building
Ease of access is a new part which states that the building should be easily accessible to people using wheelchairs either by way of a ramp or lifts. Simple things like automatic doors can help.
Part N - Glazing - Safety in relation to Impact, Opening and Cleaning
Safety measures must be taken for window cleaners and the general opening and closing of doors and windows. Safety glass and warning signs can help with this.
Duty of Compliance with the Controls
Hamilton properties is responsible to comply with the controls, as they are carrying out the work and applying for permission it is their duty to ensure the building meets the regulations. The contractor holds no duty to comply. For that reason Hamilton properties should ensure they contract an approved contractor who can comply with the regulations.
Procedures to Comply with Controls
There are to methods to comply, the first is to involve the LA or hire an approved inspector to ensure compliance.
If the LA is used, the building regulation 2000 full plan should be submitted, this means the final design should be submitted to the LA, this can be time consuming and costly. Newcastle city council requires 2 copies of the full plan submission three copies of supporting drawings for non domestic dwellings including the appropriate charge. After submission the building services department will ensure the design is within the regulations, this process can take longer than anticipated and can be delayed if their are irregularities. Once this is complete the decision can be granted or declined.
The second method in which Hamilton properties can comply with the regulations is by using an approved inspector. He or she will provide crucial advice on how to design their building. They will ensure all plans are acceptable within the regulations. The approved inspector will notify the LA at the appropriate stages and also sign the work off. Approved inspectors are available through the construction industry council or the LA.
Who is Responsible for the Administration of Controls?
It is the responsibility of the LA to administer the controls. If Hamilton properties uses an approved inspector then they will be responsible to ensure the building complies and also have the power not to issue a final certificate.
How the Controls are Enforced
If the regulations are not adhered to, the Newcastle council can take legal action, if work is not completed within regulations the LA can take Hamilton properties to court and have any necessary alterations made without their approval.