Statutory Control essay

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The proposed development by Quintin Cavendish involves the need to design houses for exclusive ladies’ fashions. The company has decided to set up a permanent base in London to provide a studio, a workshop and a wholesale fashion showroom and associated administrative offices. Other plans involve the demolishing of the single-store extension which links the buildings at the rear. The firm intends to build a new, purpose-designed single store extension to combine the buildings more effectively at the ground floor level. The combined ground floor, together with the basements of both properties, will form the new Quintin Cavendish premises. The firm also plans to  extend the mansard roof to both 16 Riding House (plate 1) and 14-16 Little Titchfield Street (plate 2) to provide an additional store to each property, in order to raise the number of buildings available for sale.

In this report, I will provide the detailed information on statutory control, which applies, on the proposed development by Quintin Cavendish namely planning, building control and party wall legislation (James, 2005, p.p, 11). This report explains the purpose of each of the three controls, as well as the statutory basis for the controls. In addition, I will identify the various parties to participate in the implementation and enforcement of the controls and the associated procedures for compliance. It is essential for the firm to meet requirements of the Building Regulations; hence this report relates directly to the proposed development of the organization with the major focus on statutory controls, and associated procedures as well.

Planning Controls

Quintin Cavendish should make use of planning controls ensure that the intended plan is safe, healthy, accessible and sustainable for the current generation and future generations. Adherence to the planning controls sets standards for design and construction that applies to the proposed development and many alterations to the existing buildings. Planning controls are designed to protect human health and safety by setting standards for design and construction that applies to most new buildings.  Planning controls will enable Quintin Cavendish to set objectives and implement fair building standards. It enhances publishing of statutory guidance on ways to meet Building Regulations. The firm will be able to oversee and make improvements in the functioning of the building control system, as well as the statutory appeals system. Planning controls will support the building control service that employs the system in their effort to ensure compliance in building standards. Hence, the firm will be able to work on sustainable buildings.

The firm requires planning permission to be allowed to build on the land or make alterations on the land use and buildings. Planning permission is required for the proposed development by the Act and associated legislation. In UK, a developer of any land or building is required to obtain the land title and planning permission. The Town and Country Planning Act 1990 grant the planning permission (The Town and Country Planning Act 2009). The proposed development by Quintin Cavendish is a permitted development project, hence meets the requirements to be granted the planning permission. The firm should be satisfied about the relevant local development plan policies before making application for the planning permission. The firm can obtain information from the UK government planning portal that provides planning information and advice for the local planning authorities and the government. The firm should discuss proposals with the Local Planning Authority before incurring expenses, due to the rejection of planning permission application.

Town and Country Planning Act of 1990 stipulate that all applications of planning permissions to be discussed in accordance with the development planning policies unless the material planning consideration indicate otherwise. The firm should meet planning conditions, in order to be granted the planning permission. This includes other conditions, such as the development to that meets the approved architectural designs, as well as the finish of the external material to be certified by the relevant local authority. Some of these conditions need should be met before the commencement of the development. This procedure will allow the firm to apply to the relevant Local Planning Authority planning permission. It is the role of the Local Planning Authority to determine the planning applications, according to the statutory Development plan. If the plan contains material policies with no other material considerations, then the application should be determined according to the Development plan. These policies are drafts of policy statements and guidance, and may be regarded as material considerations.

The firm should observe Section 54A of the Town and Country Act 1990 that requires all applications made for planning permissions to be decided according to the policies of the Development Plans which are a set of documents used in the town and country planning (The Town and Country Planning Act 2009). The development plans set out the policies and proposals for the land-use developments and guides and informs daily decisions on planning permissions. The planning permission is granted the use or purpose of the building, its compatibility to the local surrounding, as well as the non interference with future development plans. The firm should be conversant with the relevant local development plan policies before applying for the planning permission, which is available on the relevant Local Planning Authority website.

The development project may have effects on a conservation area because of the potential impact on natural habitats that affect biodiversity. Conservation areas are desirable to conserve, preserve and enhance. Land-use development projects are indispensable exploiters of natural resources many of which are obtained from conservation areas. Therefore, the firm should enhance biodiversity through the creation of habitats to form part of the development project.

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