13 Legal and Regulatory Compliance Flashcards
The National Planning Policy Framework (2024)
Sets out the Government’s Planning Policies for England and how these are expected to be applied
When was the latest NPPF issued?
12th December 2024
The Localism Act (2011)
Is an Act of Parliament that facilitates devolution of decision-making from central government to communities
What does the London Plan (2021) set out?
It is the Spatial Development Strategy for Greater London. It sets out a framework for how London will develop over the next 20-25 years and the Mayor’s vision for Good Growth.
Local Plans should be in ‘general conformity’ to the London Plan.
When was the latest London Plan issued?
2021
When is the next London Plan due to be published?
- High level doc in April 2025
- Adopted by 2027
Reviewed 5 yearly
What is the role of the Mayor in Planning and Development?
The Mayor leads the GLA. Together they produce the London Plan.
What is the role of the GLA in Planning and Development?
The GLA comprises the Mayor of London and the London Assembly.
It oversees transport, policing, fire, rescue services and regeneration.
Who is the Mayor of London?
Sadiq Khan (Labour Party)
What is the role of a Local Plan?
Created by LPAs in consultation with local communities.
They set out a vision and framework for the future development of an area.
They are the starting point for considering whether planning applications can be approved.
What are the key focuses of the Newham Local Plan?
- Optimise development opportunities
- Create high quality places
- Delivery good growth
- Balance local and strategic roles
What are the Housing Design Standards LPG?
They are part of the London Plan Guidance (Policy D6 - Housing Quality and Standards), published by the GLA.
Grouped into three headings:
- Placemaking / public realm
- Shared spaces / ancillary spaces
- Homes / private outside space
These are best practise standards.
What does the London Housing Design Standards (2023) set out?
Basically internal private, internal shared, public realm
- Placemaking / public realm (land use, streets, public realm, open space, biodiversity, urban greening, inclusion, accessibility)
- Shared / ancillary spaces (routes, entrances, internal circulation, dwellings per core, bike storage, mobility scooters, wheelchairs, car parking, emergency services access, waste and recycling, energy efficiently, on-site renewables, shared outside amenity space, management and maintenance)
- Homes / private outside space (inclusion, accessibility, internal space standards, choice and flexibility, aspect, orientation, daylight , sunlight, air quality, external noise, soundproofing, thermal comfort, water usage, digital connectivity, fire safety, private outside space)
What do the Housing Design Standards set out?
- Size: All homes must meet the NDSS as a minimum (help accommodate WFH).
- Access: 90% dwellings should be M4(2) and 10% should be M4(3).
- Ceiling heights: Floor to floor height of GF flats should be 3.5m and uppers should be 2.5m.
- Storage: At least two built in storage cupboards.
- WC: On every floor that includes a bedroom.
- Bathrooms: Additional bathroom in home for six or more people.
- Utility: required for dwellings with two plus bedrooms.
- Dual aspect: New homes should be dual aspect. Main living spaces should be south facing.
- Overheating: Reduce the risk through dwelling layout / shading / energy strategy.
- Water: No more than 105 litres per person per day.
When was the Building Safety Act (2022) introduced?
2022
Why was the Building Safety Act (2022) introduced?
Following the Grenfell tragedy, the Hackitt Review made recommendations for Building Regs and Fire Safety.
Intended to improve the design, construction and management of high risk buildings (HRB).
Came into effect 1st April 2023/
What does the Building Safety Act (2022) set out?
- Higher level of competency of the Principal Designer and Principal Contractor
- Introduced the Building Safety Regulator (safety and performance of all buildings, especially HRB)
- Residents get more say in how the building is kept safe and can raise safety concerns
- Each building will be required to have a ‘golden thread’ so safety is considered at every stage of a buildings lifetime
- Gateway 1: Planning
- Gateway 2: Building Control Approval prior to construction
- Gateway 3: ‘Hold Point’ at the completion of a project before occupation
When were the Building Regulations (2010) introduced?
2010
What do the Building Regulations set out?
Minimum standards
Building Regulations: Approved Document B (Fire Safety)
- Fire detection and alarm systems
- Means of escape
- Internal fire spread
- Wall and ceiling linings
- Loadbearing elements
- Compartmentation / sprinklers
- Cavities
- Protection of openings and fire stopping
- Resisting fire spread from one building to another
- Resisting fire spread over roof coverings
- Vehicle access
- Fire mains and hydrants
- Access to buildings for firefighting personnel
- Venting of heat and smoke from basements
- Fire safety information
Building Regulations: Approved Document M (Access)
Visitable dwellings M4(1):
- Approach to a dwelling
- Private entrances and spaces within the dwelling
Accessible and adaptable dwellings M4(2):
- Approach to a dwelling
- Private entrances and spaces within the dwelling
Wheelchair user dwellings M4(3):
- Approach to a dwelling
- Private entrances and spaces within the dwelling
Building Regulations: Approved Document O (Overheating)
- Simplified Method
- Categorising resi buildings
- Limiting solar gains
- Removing excess heat - Dynamic thermal modelling
- Dynamic thermal modelling
- Limits on CIBSE’s TM59 modelling
- Acceptable strategies for reducing overheating risk - Ensuring the overheating mitigation strategy is usable
- Noise
- Pollution
- Security
- Protection from falling
- Protection from entrapment - Providing information
What do the CDM (2015) regulations set out?
- Introduced to improve H&S throughout development and construction projects, from planning to completion.
- Apply to all works, from demolition, to new build, to refurbishment.
- Key principles include risk management, duty holders, communication and information.
What do the CDM (2015) regulations set out about risk management?
Identifying and managing risk throughout the project lifecycle
What do the CDM (2015) regulations set out about duty holders?
Specific roles:
- Client (ensure other duty holders are appointed, ensure time and resource is allocated, ensure info is given to duty holders, ensure PD and PC carry out duties, ensure welfare is provided)
- Principal Designer (manage H&S in pre-construction phase, eliminate risks, ensure designers carry out duties, liaise with PC to coordinate construction phase)
- Principal Contractor (manage H&S in construction phase, liaise with Client and PD, prepare Construction Phase Plan, organise contractors)
What do the CDM (2015) regulations set out about communication and coordination?
Effective communication and coordination between all parties
What do the CDM (2015) regulations set out about information?
The Golden Thread
Are you aware of any other emerging legislation in relation to Fire Safety?
Building Safety Act (2022), emerged off the back of the Hackitt Review:
- October 2023: HRB regime (second stairs)
- October 2023: Registration of HRB
- Higher level of competence for PD and PC
- HSE introduced the Building Safety Regulatory
- Building Safety Regulatory oversees the Gateway System
- The HRB Regime includes the Golden Thread, which sets out the requirements of duty holders who are responsible for the design and construction (PC responsible for the Golden Thread)
- Autumn 2025: The Building Safety Levy come into force
What are the new Gateways?
Overseen by the Building Safety Regulator (acting as Building Control for HRB):
Gateway 1 - At planning application stage
Gateway 2 - Before construction commences
Gateway 3 - At PC, pre occupation
What is the new Building Safety Levy?
Take effect from Autumn 2026
- Tax charged on all new residential buildings that require Building Control Approval
- It will account for up to £3b over 10 years
- Used to repair buildings across England with safety defects
What is the new Homes Ombudsman Scheme?
NHOS
- Redress Scheme
- A buyer of a new build home who encounters issues will be able to submit a case, if the developer or registered provider can’t rectify the problem
Talk me through your L2 example of ‘The London Plan (2021)’?
- Reviewed a section of MP to ensure it aligned with Policy T2 (Healthy Streets) of the London Plan
- Examined design of street that encouraged HGVs to use a turning point on the north side of the road rather than travelling along the road to a roundabout
- Believed this would increase road danger to pedestrians when HGVs were revering, and design was not aligned to Policy T2
- Reviewed design with Transport Consultant and amended it to encourage HGVs to travel to roundabout instead
- Ensured it was aligned
What does Policy T2 set out?
T2 - Healthy Streets:
Overall: Developments should deliver land use that facilitates shorter regular walking trips / encourage cycling. They should promote the Mayor’s Healthy Streets approach, which includes:
- Reduce road danger to pedestrians
- Improve street safety
What other policies does the London Plan (2021) set out?
- Good growth
- Spatial development patterns
- Design
- Housing
- Social infrastructure
- Economy
- Heritage and culture
- Green infrastructure and natural environment
- Sustainable infrastructure
- Transport
- Funding the London Plan
- Monitoring
Talk me through your L2 ‘Section 106 Tracker’ example?
- Managed the S106 tracker to ensure obligations were discharged on time
- Client had to notify Southwark Council within one month of PC of the Community Space to inspect it and identify defects
- Liaised with MC to understand when PC was due
- Instructed DP9 to prepare cover letter informing SC of PC date and upload it to the Planning Portal
- Ensured Client notified SC within appropriate timeframe
Would it be possible to amend a S106 / vary a S106 obligation?
Yes
- Modifying an obligation can be made at any time via S106(A)
- Within 5 years of completion of condition by agreement of the parties (LPA & developer)
- After 5 years of completion of condition via planning application (sometimes a s73 is more relevant)
What is the government’s housing target for London and how does this compare to the current London Plan’s target?
Labour: 80,000 per annum
London Plan: 52,000 per annum
What is Newham Local Plan’s housing target?
32,8000 between 2019 - 2029 (10 year period)
What does the London Plan stipulate about affordable housing?
50% of all new homes should be affordable
- 30% of which should be low cost (LAR / social rent)
- 30% of which should be intermediate (London living rent / SO)
- 40% determined by borough
What does the London Plan say about BTR?
- Must be 50 units
- Must be held as BTR for 15 years
- Must be self contained and let separately
- Rent and service charge certainty must be provided for the lease period
- Must be on-site management
- Must have a complaint’s procedure
What does the London Plan say about ‘healthy streets’?
Developments should facilitate residents making shorter, regular trips by walking / cycling
- Reduce road sanger
- Improve street safety
What does the London Plan say about cycle parking?
Minimum requirements:
- F&B: 1 space per 175 sqm GEA
- Offices: 1 space per 75 sqm GEA
- Dwellings: 1 space per studio or 1b1p / 1.5 spaces per 1b2p / 2 spaces for all others
- Primary schools: 1 space per 8 FTE staff / 1 space per 8 FTE students
What does the London Plan say about car parking?
Maximum requirements:
- Inner London PTAL 2 (aka LBN): 0.5 spaces per dwelling
Also, at least 20% of spaces should have charging facilities
What does the London Plan say about blue badge parking?
Residential developments providing more than 10 units must provide:
- One disabled space per dwelling, for 3% of dwellings
What does the London Plan say about Car Club?
Car Clubs can be used in lieu of private parking, as they help promote a sustainable lifestyle
All car club spaces must have active charging facilities
What does the London Plan say about good design?
- NDSS sized rooms (Studio is minimum 37sqm GIA)
- Maximise dual aspect
- Sufficient daylight and sunlight
- Adequate storage space
- Floor to ceiling must be 2.5m for 75% of GIA of dwelling
- Minimum of 5sqm of private outdoor space per 1-2 person dwelling
What does the London Plan say about accessible housing?
- 10% of dwellings should be M4(3) - wheelchair user dwellings
- All others should be M4(2) - accessible and adaptable dwellings
The key to both is ‘step-free access’
How is open space calculated?
5 sqm of outdoor space (garden / terrace / balcony) per dwelling
How is play space calculated?
10sqm of playspace per child for residential developers
- Different age groups (inc. older kids / teenagers)
What is Safety in Design and how can it be achieved?
- Lighting
What does the London Plan say about UGF?
0.4 for residential
0.3 for commercial
