PC3 Legal framework and processes Flashcards
What is a ‘fitness for purpose clause’
A contract clause that makes the contractor or designer legally obliged to produce a result/ end product that is fitness for purpose, regardless of the level of skill and care used. Instead, the phrasing ‘use reasonable skill and care’ is better/ best practice. ‘Fitness for purpose’ also not typically covered by PII.
What are Liquidated Damages?
A pre-agreed amount of money set out in advance of the contract. This sum of money is payable to the client (usually on a daily/ weekly basis), if the contractor breaches the contract (typically by overrunning past the agreed completion date without an agreed extension of time)
What are they acts/ frameworks that govern/ restrict development in the UK?
- Town and Country Planning Act 1990: sets out rules and processes for development in the UK
- Localism Act: transfers powers to local communities, giving them control over matters like planning, housing, community matters etc.
- National Planning Policy Framework (NPPF): Outlines government planning policies and their application on a local level, so provides guidance for LPAs as to when planning approval should be granted. Main aspects are economic, environmental and social.
What is NPPG (National Planning Practice Guidance)
NPPG is online resource which provides guidance application of the NPPF
What is the development plan?
LAs will have their own local development plans which include policies which help determine planning applications. Under the umbrella of the development plan is also the London Plan, Neighbourhood Plan and saved policies from former regional strategies.
What are material considerations?
matters relevant to whether an application will be approved or not, or whether it goes against policies. For example, in my case study, we implemented roof access equipment which was visible externally and checked with the planner whether this would be a material consideration. They confirmed it would not be, ie wouldn’t factor into whether the app. would be approved or not. Therefore, could be included as a ‘non-material amendment’
What are permitted development rights?
Types of development which do not require planning approval. There are lengthy documents for different types of development which set out what can be carried out under PD rights. GPFS example.
What are heritage assets and Listed Buildings?
Monuments, buildings, sites etc. deemed to be of special interest or value. These are protected in different ways, eg works to Listed Buildings may require Listed Building Consent. Can find all HAs and LBs on Historic England website.
What is Community Infrastructure Levy (CIL)?
A payment required with planning that goes towards development of infrastructure within a local area. Whether the development will require Levy and how much depends on things like location and size.
What is Outline Planning approval and when is it appropriate?
A consent that you can obtain early in the development process which gives approval subject to ‘reserved matters’. Useful to ascertain, in early stages, whether a project is likely to gain full approval before significant costs are incurred.
What is a pre-app and how is it different
A pre-app enquiry also allows you to ascertain whether a project is likely to gain full approval in the early stages, and also what additional information, eg flood risk assessment, will be required with a full planning application. More like informal advice rather than an initial formal approval and is caveated.
What is a Lawful Development Certificate?
Typically for developments carried out under permitted development rights. A formal certificate which confirms that development was carried out lawfully. Can be useful legal document when homeowner comes to sell property.
What is a CLEUD?
Certificate of lawful use or development. For developments which have not gained approval but have remained in that use for a period of time. Doesn’t actually make it lawful but prevents enforcement.
What is Full Planning Application?
All information submitted simultaneously for approval, subject to conditions.
What is a Design and Access Statement?
A report, required with planning applications for major developments and developments within conservation areas or heritage assets/ listed buildings, which helps explain why the proposed development is suitable for the site and how adequate access will be provided.
