Examine the process used to obtain planning permission for the construction and alteration of buildings: Contracts and Law in Construction Assignment, KCL, UK

Unit 5 Legal & Statutory Responsibilities in Construction

LO1 Examine the process used to obtain planning permission for the construction and alteration of buildings

LO2 Discuss the processes and regulations used to control design and to ensure safe buildings.

LO3 Assess the laws used to ensure that construction sites operate safely and consider adjoining land users.

LO4 Assess how the law of contract and land law are used to sell and lease land and b

As part of your role as Project Manager in a small Architectural Office, you are working with a client, to build a new dental surgery which will include the following accommodation contained within a single storey 3m high unit (includes internal room dimensions in metres):
● Reception area (2.8m x 2.2m)
● Dental surgery Room 1 (4.4m x 3.2m)
● Dental surgery Room 2 (6.4m x 3.2m)
● Staff facility tea room/break out area. (3.2m x 2.8m)
● Staff WC (2m x 1.2m)
● Plant room (3.2m x 1.8m)

The plant room will contain the electric distribution board, the hot water cylinder and any other mechanical or electrical plant. The unit is being constructed for the client by a Main Contractor Builder/Developer in the existing car park of a site that contains several office buildings and a small retail park occupied by other parties and the new dental surgery will use the same access road.

The owner of the land has agreed a 199 year lease on the plot. Once the building is complete the unit and the land leasehold will be rented to the client by the owner of the land. The building will be a modular build constructed using off site fabrication and delivered to site by lorry and crane.

A public meeting has been arranged and in attendance will be a few members of the public, the client, the main contractor and the land owner. Your boss has come up with four lists of possible questions that are likely to come from each of the four stakeholders that will be attending the meeting. He has now asked you to research the following questions and put together some briefing notes for him. You get to work on the following tasks and produce a report in four sections:

Section 1: Client questions:

1. Using the internal room dimensions shown above calculate the total internal floor area of the proposed building.
2. Looking at the building type and size, what type of planning consent is required for the Pets Grooming Parlour ?
3. What would be the building category for the Dental Surgery under the ‘Use Classes’ as defined within The Town and Country Planning (Use Classes) Order 1987 ?
4. What are the mandatory supporting documents that will be required for the Dental Surgery planning application ?
5. Provide a written explanation of the planning application process, the agencies involved and how planning decisions are made and appeals are monitored and processed.
6. Provide a further written analysis of the role of planning systems and agencies in managing the development of land and buildings.

Section 1 of your report will address the following Learning Outcomes and Assessment Criteria: LO1: P1, P2, M1

Section 2: Public questions

1. Provide a list of Building Regulations that you consider will be applicable to the Dental Surgery Project?

2. Provide an explanation of the key legislation and agencies in the building control process, what would be their role in the Dental Surgery project ?

3. Provide an explanation of the importance and the method by which building control decisions are determined and the processes which are available to appeal and monitor them.

4. Look at Approved Document B – Fire Safety, link below. Provide an analysis of the application of different fire safety systems and protections for buildings up to 5m, 5m to 18m, 18m to 30m and buildings higher than 30m.
5. Provide a further analysis of the application of building regulations in low and medium rise residential and commercial buildings.
6. Provide an evaluation on what the impact of planning systems and building regulations agencies have had in managing the development of land and buildings.

Section 2 of your report will address the following Learning Outcomes and Assessment Criteria: LO2: P3, P4, M2 & D1

Section 3: Main contractor questions

1. The proposed site for the Dental Surgery is adjacent to another site with an office building and the retail park – why might this cause particular problems on site with regard to the laws of trespass , nuisance, occupiers liability and vicarious liability . What could the Contractor do to mitigate these potential problems on the site?
2. Produce a plan for the Contractor to manage the legal impacts of a large urban warehouse type retail development which would include a larger version of the Dental Surgery.
3. Present a strategy to address the legal and statutory issues associated with the sale of a large urban construction site. use the scenario/case study of the dental surgery to support your answer.

Section 3 of your report will address the following Learning Outcomes and Assessment Criteria: LO3: P5, P6, M3, D2

Task 4: Landowner questions

1. Provide an explanation of how Land Law relates to the Dental Surgery in terms of the Tenure and Leasehold on the land, Rights of way with the shared access road and easements relating to the retail park .

2. What are the legal documents which will need to be drawn up on completion of the Dental Surgery between the Landlord (the land owner) and the tenant.

3. Provide an evaluation of how the application of land law and landlord and tenant law would control the disposal and use of the Dental Surgery should the landowner decide they wished to dispose of the asset by selling the building only to the tenant.

4. Explain how land law has evolved to shape modern land ownership and the role of contract law in buying and selling property.

5. Provide an assessment of the impact of land law and property law in the development and disposal of large urban retail developments.

Answer

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