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
Talk me through the key principles of NPPF.
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
When was the NPPF last updated and what key changes were made?
The NPPF was last updated in December 2023. Key changes were: - Housing buffer removed - Alternative method for Calculating Housing Need
27
What law relates to the planning and land compensation principles? Can you expand on the legislative acts you mention?
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