Legal / Regulatory Compliance L1 Flashcards

1
Q

What does Town and Country Planning Act (1990) set out?

A
  • Rules for land use planning and development in England and Wales.
  • Controls development via planning permission.
  • Mandates local development plans by authorities.
  • Grants authorities power to grant or refuse permission.
  • Allows enforcement against unauthorized development.
  • Provides appeal mechanisms.
  • Encourages public participation in planning.
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2
Q

Explain your understanding on the Localism Act 2011.

A

Decentralises power to communities, empowering local councils and residents. It introduces rights for communities to control local services and shape development through neighbourhood planning.

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3
Q

Explain your understanding on the Housing Act 2004

A

Its a legislation that focuses on housing standards, HMO regulations and enforcements to improve housing quality

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4
Q

Explain your understanding on the Planning Act 2008.

A

It simplifies the process of obtaining planning permission for infrastructure projects.

Its a legislation aimed at streamlining the process for major infrastructure projects, including energy, transport, water, and waste.

The act aims to facilitate timely decision-making and ensure efficient delivery of essential infrastructure projects to support economic growth and sustainability.

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5
Q

What is the key legislation relating to planning?

A
  • Town and Country Planning Act 1990
  • Planning and Compensation Act 1991
  • Planning Act 2008,
  • Localism Act 2011
  • Housing and Planning Act 2016.
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6
Q

What is the key legislation relating to land compensation?

A

Land Compensation Act 1961

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7
Q

What are the key principles of land compensation?

A

As outlined within the Land Compensation Act 1961:

  • Market Value
  • Disturbance Compensation
  • Severance and Injurious Affection
  • Home Loss Payment
  • Professional Fees
  • Statutory Interest
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8
Q

Tell me about health & safety legislation relating to development projects.

A

Health and Safety at Work Act 1974: Sets general duties to ensure health, safety, and welfare at work.

Construction (Design and Management) Regulations 2015 (CDM Regulations): Specifies requirements for managing health and safety during construction projects, ensuring safe working conditions for all parties involved.

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9
Q

Tell me about disability legislation relating to development projects.

A

Equality Act 2010

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10
Q

Tell me about construction legislation relating to development projects.

A

Building Regulations
Health and Safety Regulations
Construction Design Management (CDM)
Environmental Regulations

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11
Q

Tell me about design and management regulations relating to development projects.

A

To improve the health and safety which is essential for risk management

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12
Q

What responsibilities does a Chartered Surveyor have in terms of health and safety?

A

Take responsibility for own H&S and that of anyone under your supervision

  • Co-operate with employer to minimise risk to self, colleagues and others potentially affected by actions.
  • Report actual or perceived breaches in good time
  • Carry out risk assessment
  • Wear PPE
  • Undertake staff training
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13
Q

Talk me through your understanding of the Environmental Protection Act 1990.

A

It addresses:

  • pollution control
  • waste management
  • contaminated land.
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14
Q

Who is responsible for H&S within your firm?

A

Everyone. The Health and Safety at Work Act says that employees have a duty to themselves and to each other.

We have a in-house ‘competent person’ as required by the Act

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15
Q

Who ultimately within your firm carries overall responsibility?

A

Everyone. The Health and Safety at Work Act says that employees have a duty to themselves and to each other.

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16
Q

What role does CDM play?

A

Construction (design and management) regulations (2015) are the main set of regulations for managing the health, safety and welfare of construction projects. applies to all building and construction work.

17
Q

What are your responsibilities under the H&S at work act 1974

A

Take responsibility for own H&S and that of anyone under your supervision

18
Q

What is Part L of the Building Regulations?

A

Energy conservation in buildings

Mandates energy efficiency standards for insulation, heating, lighting, and ventilation systems to mitigate carbon emissions and combat climate change.

19
Q

What does Approved Document O relate to?

A

focusing on security, it provides guidance on achieving reasonable provision of security against unauthorized access to dwellings and other buildings.

20
Q

What does Approved Document R relate to?

A

it addresses the requirements for controlling moisture in buildings, ensuring proper ventilation, and preventing condensation.

21
Q

What is the Equality Act 2010 and how does it impact upon your scope of practice?

A

The Equality Act 2010 prohibits discrimination and promotes equal opportunities.

22
Q

Talk me through the requirements of the Modern Slavery Act 2015.
What are the objectives of it?

A

The Modern Slavery Act 2015 aims to prevent modern slavery and human trafficking by increasing transparency in supply chains and ensuring companies take action to eradicate these practices.

23
Q

Talk me through your understanding of contract principles in respect of valuation terms of engagement.

A

it establishes the legal framework governing the agreement between a valuer and client.

24
Q

Talk me through your understanding of the Environmental Protection Act 1990.

A

Establishes responsibilities for waste disposal, pollution control, and contaminated land.

25
Q

Talk me through the key principles of NPPF.

A

it provides guidance for planning decisions and policies within England.

Key principles include:
- Sustainable development
- Ensuring economic, social and environmental considerations are balanced
- supporting vibrant communities
- protecting the environment
- enhancing design qualities

26
Q

When was the NPPF last updated and what key changes were made?

A

The NPPF was last updated in December 2023.

Key changes were:
- Housing buffer removed
- Alternative method for Calculating Housing Need

27
Q

What law relates to the planning and land compensation principles? Can you expand on the legislative acts you mention?

A

Town and Country Planning Act (1990)
* Divided planning into development management and planning policy
* Defines what development is (s55)
* Requires the submission of planning applications to a local planning authority to grant planning permission

Planning and Compulsory Purchase Act (2004)
* Requires planning decisions to be made in accordance with the relevant development plan, unless material considerations indicate otherwise.
* Permitting LPAs to introduce local development consent orders
* Replacing UDPs and structure plans with local development documents

Planning Act 2008
* Development consent orders were introduced to simplify the process of obtaining planning permission for Nationally Significant Infrastructure Projects
* Power to charge CIL

Localism Act 2011
* Introduced neighbouring planning measures – neighbourhood plans could be produced
* Requires developers to consult with local people before applying

Development Management Procedure Order 20115
* Requires you to serve notice on the freeholder/long-lease holder when making an application
* Deemed discharge of planning conditions

Housing and Planning Act 2016
* Require local planning authorities to publish local register of land