Transcript Document

Developing relations between building
control and planning
David McCullogh FRICS PPIBC
TPS
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Action Plan
• The Problem
• The reports
• The resolving actions
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How does it work now?
• 2 separate professions
• 2 separate legislative codes
• 2 necessary “hurdles” to development
• Separate processes with duplication and even
contradiction
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What are the drivers?
• State of the construction industry / economy
• Shrinking public sector budgets – the spending review
• Coalition Government review of planning and building control
systems
• Overlaps / potential to develop synergies
• Create a more “efficient” regulatory system in tune with industry
• “Controlling” development culture
• Planning system too “output” focussed.
• Building Control – too inward looking
• The customer as the focus
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Other considerations
Killian Pretty Review
• Planning applications: A faster and more responsive
system
• Joanna Killian and David Pretty
• Final report 24 November 2008
• Government response 5 March 2009
• 2 progress reports taking forward Government’s
response
- July and December 2009
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Killian Pretty – final report
17 recommendations grouped into 5 themes
1. Process should be made more proportionate with more PD and
streamlined processes for small scale development and streamlined
info requirements where full planning permission is required.
2. The process should be improved particularly in relation to pre-app and
post decision stages
3. Engagement should be made more effective by improvements in the
way elected members, stat and non stat consultees and the wider
community are involved
4. Changes in culture are encouraged by replacing time based
performance targets with a measure of customer satisfaction and by
seeking ways to reward better quality applications
5. Unnecessary complexity should be removed by making the national
policy and legislative framework clearer, simpler and more
proportionate.
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Killian Pretty – final report
• Building Control not mentioned in report, however
Recommendation 17 states
“ Gov should substantially overhaul and simplify both
the national planning policy framework and the
secondary legislation for the processing of planning
apps to provide a clearer framework for a more
positive approach to development management and
to reduce unnecessary complexity and burdens for all
parties engaged in the process”
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Development Management
• Proactive planning from pre-application to delivery
CLG produced a draft planning policy statement
(PPS) for consultation on development management,
and draft policy annexes on the pre-application and
determination stages
December 2009
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Development Management – what is it?
• Integral part of the spatial planning process
• End to end management for delivery of sustainable
development
• Signals a culture change indentifying LA as a place
shaper in partnership with others
• The processes for considering proposals are
proportionate and appropriate to the impact of
development
• Approach will necessitate changes in the structure
and allocation of resources within planning authorities
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Development Management
• Linchpin of a wider framework supporting shift from
development control
• Sector led – PAS, PoS
• Not a just a change of name – a change of culture!
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Development Management – key
principles
• A positive and proactive approach to place shaping
• Putting planning policy into action
• Front loading
• A proportionate approach
• Effective engagement
• Proactive delivery
• Monitoring and reviewing outcomes
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Open Source Planning
• Conservative Party - Policy Green Paper No 14
• How will a Lib Dem input influence?
• Footnote – “This pledge does not apply to any
recommendations of the Killian Pretty Review that are
rendered irrelevant by existing Conservative Party
Policy.
• Development Management is to stay
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Open Source Planning
3 key tenets
1. Restore democratic and local control over the
planning system
2. Rebalance the system in favour of sustainable
development
3. Produce simpler, quicker, cheaper and less
bureaucratic planning system
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National Planning Forum – Final draft
Working group task – March 2009
“consider the extent to which better co-operation between planning and
building control can assist in delivering higher environmental standards
and more sustainable outcomes, and in particular consider;
1. Synergies and distinctions between planning and BC inc enforcement
2. Means of reducing overlap between the 2 systems, improving
efficiency and improving mutual understanding, in particular to new
construction methods
3. Implications for policy, practice, staffing, training and inspection
4. Recommendations of appropriate action for consideration by the NPF
Board”
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National Planning Forum - proposals
• Clarity between roles of planning and BC
• Establishing a better more integrated service for small
scale developments
• Establishing stronger links between planning and BC to
ensure a more integrated approach to the use of building
technologies in larger and more complex developments
• Unlocking potential for dealing more effectively with
completion and if necessary enforcement
• Rethinking CDM to reduce complexity and tackle whole life
issues.
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CLG – Draft Structural Reform Plan
• Sits alongside Green Paper
• Sets out key dates, objectives
• Spending Review – October 2010
• Localism Bill – November 2011
• National Planning Framework
• Work has already started – RDAs, Government
Offices, HIPs, garden grabbing
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The Future of Building Control
Implementation Plan
• CLG – 2009 -Vision statement – “Our vision is for a building
control system which ensures buildings are safe, healthy,
accessible, and sustainable for current and future generations”
• Looks at interface between planning and BC
• An integrated and e enabled building control service
• Modernising inspection and enforcement
• Flexible approach to charges – service plan approach
• Improvements to building notice system
• Alternative routes – competent persons and pattern book
• Strengthen BC performance management
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BC/Planning - similarities
• Same challenges – both key to the development
process
• Same customers/clients
• Both deliver buildings to standards – right place, safe,
accessible, sustainable
• Financial restraint
• Key to construction industry recovery
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Synergies
• Client involvement – pre application involvement
• Design and Access Statements
• Environmental Impact Statements
• Flood Risk Assessment
• Land Contamination Assessment
• Site Waste Management Plan
• Structural Survey
• Sustainability Statement
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Major difference
• Commercial world of BC
• Political world of planning
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So what can we achieve?
• More pro activity from Local Planning Authorities
• Effective “joined up” pre application process
• Closer contact with developers, wider business engagement
• Elected Member involvement
• Clearly defined policies for developers
• More streamlined processes
simplify validation process
1 APP inc BC
unified consent for minor works
• Removal of duplication – Penfold Review
• Joint compliance/enforcement
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Emphasis on Simplicity
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Thanks for listening - any
questions
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Building
Regulations,
Planning and Low
Carbon Development
David McCullogh FRICS PPIBC
TPS CONSULTANCY
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TPS - making tomorrow a better place
Plan of Action
• Background to major challenges
• The Changes to Building Regulations
• Future delivery for carbon emission reductionThe European Directive and Zero Carbon
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Main Messages
• Regional plans to be co-ordinated
• Avoid duplication between regimes
• Planning = Location, siting and infrastructure
• Killer comments re “if local need or opportunity for
higher standards”
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Confusing Messages
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This guide provides advice to
local authorities on how to
provide a more co-ordinated
and customer oriented
approach to obtaining the
consents required for a
development project (such as
planning permission, listed
building or conservation area
consent, and approval
under building regulations).
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Planning involved in too much detail
• Planning requirements for the submission of SAP /
SBEM
• Planning requirements for CSH levels
• Clients – “this is not the right stage for detail”
• Planners – “we want to get back to Planning”
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Too much detail
“In certain circumstances the Council may require lift installation where
the floor area is below the minimum size specified in Approved
Document M of the Building Regulations, for example in basement
restaurants and wine bars.”
“The going of treads must measure at least 280mm. Whilst the Council
will seek to achieve this standard, the Council will require that at a
minimum the standards set out as follows in BS 8300:2001 are
achieved (The goings for a step should be 250 mm to 300 mm, with a
preference for 300mm).”
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• “House-builders are also
dissatisfied with the
regulatory regime as it is.
They find it hard to
understand the respective
scope of planning and
building regulations,
particularly as environmental
requirements are increasingly
stipulated under both
systems. They are also
concerned by the increasing
complexity of standards: if the
average builder on site does
not understand what he is
being required to do, noncompliance is a constant
risk.”
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Building a Greener
Future
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Conservative
Policy
Building regulations
Under Labour, we believe
that building regulations
have become
unnecessarily prescriptive
and overly complex. They
need to be simplified and
reduced, with a focus on
outcomes (e.g. public
safety, energy efficiency)
rather than box-ticking,
and ensuring that
regulation is proportionate
to risk. In particular, we
believe that building
regulations can play a
significant role in the
greening of our housing
stock.
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“Improvements to the
building regulations
themselves to make
them easier to
understand and use,
along with
improvements in the
enforcement regime to
ensure new homes are
built to the required
standards.”
Lib Dem Policy
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Policy framework for future changes
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Coalition Ministers have already set out a number of policy priorities:
• Ambitions to be the greenest government ever
• Commitment to continuous energy efficiency improvements for new homes
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•
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Plan to continue to use the Code for Sustainable Homes to signal future direction of regulations
- changes to align with Part L 2010 also 1 Oct (subject to agreement with ministers)
Grant Shapps announcement on zero carbon homes, including:
• Minimum fabric energy efficiency standards in future Part L revisions
• Zero Carbon Hub to re-examine and report back on the 70% carbon compliance level
previously proposed
• Exploring the feasibility of meeting further obligations through local community energy
funds
Have just let a contract to start modelling the impact of future energy efficiency and carbon
compliance standards for new non-domestic buildings
BUT all predicated on the basis that we should only be using national regulation where it is
considered the most cost-effective means of achieving policy aims. New regulations will only
be considered on the basis of one in one out.
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Identifying pressures for change &
options for deregulation
• Andrew Stunnell launched an exercise calling for ideas about how the
regulations can be improved, added to, or slimmed down and how we
can deliver even better levels of compliance
• Analysing responses to this exercise together with those received
from the Your Freedom, Cutting Red Tape websites
• Plan to complement this with workshops run by CLG and other
partners
• Ministerial statement on the future direction of building regulations
expected in December with a view to consultation in late 2011 and
introduction of changes in 2013
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Addition to Building Regulations – 1 Oct 2010
• 25% reduction in carbon Emissions
• Improving compliance
• CO2 emission rate calculations at design stage
• More and more rigorous testing and
commissioning
• Reports to building Control
• Roles and responsibilities
• Wider use of competent persons and
accredited detailing
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Remember the big message
when it comes to regulation
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New build compliance steps
Criterion 1 – (BER<=TER)
Criterion 2 – Limits on design flexibility
Criterion 3 – Limiting effects of solar gain
Criterion 4 – Construction & commissioning
Criterion 5 – Provision of information
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Energy
Performance
Certificates
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Code for
Sustainable
Homes
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Future Issues
Zero Carbon
Consultation
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EPBD - “Nearly Zero”
• Article 9 – Nearly zero-energy buildings
• Member States must ensure that (a) by 31 December 2020, all new
buildings are nearly zero- energy buildings; and
• (b) after 31 December 2018, new buildings occupied and owned by public
authorities are nearly zero-energy buildings.
• Member States must draw up national plans for increasing the number of
nearly zero-energy buildings. These national plans may include targets
differentiated according to the category of building.
• Member States must furthermore, following the leading example of the
public sector, develop policies and take measures such as the setting of
targets in order to stimulate the transformation of buildings that are
refurbished into nearly zero-energy buildings, and inform the Commission
in their national plans referred to in the above paragraph.
• Member States may decide not to apply the requirements set out in points
(a) and (b) of paragraph 1 in specific and justifiable cases where the costbenefit analysis over the economic lifecycle of the building in question is
negative.
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Forward look
• New homes to be zero carbon from 2016
• Ambition for new non-domestic
buildings to be zero carbon from 2019
• What is zero Carbon?
• Separate consultations proposing
changes to the Code for Sustainable
Homes and trajectory for new nondomestic buildings
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The preferred solution
70%?
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Allowable Solutions
• Carbon Compliance beyond the minimum standard
• Credit for energy efficient appliances or advanced building
controls systems
• Exports of low carbon / renewable heat or cooling
• S106 contributions towards local LZC infrastructure
• Retrofitting existing buildings
• Investments in LZC energy infrastructure
• Offsite renewable electricity (direct connection)
• Anything else later agreed
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Allowable Solutions – Further work
• Further investigation of CIL as a mechanism for
funding LZC
• Mechanisms to favour local vs remote actions
• Buy out fund not allowed
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The Right Regulatory Regime?
• Assumes that aspiration will only be met through
regulation
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Planning, Building Regulations and
Occupation
• Complimentary relationship
• Strategy
• Technical solutions for delivery
• Continued measurement and improvement
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Possible Model
Introduction
National
Infrastructure
Local
Infrastructure
Technical
Solution
Government
Development
Control
Building
Control
Everyone
Planning
Consultants
Building Control
Consultants
Continuity
Environmental Health
Fire etc. etc.
DDA, FSO, H&S
Etc, Consultants
Disposal
Planning /
Building Control
Planning / Building
Control Consultants
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Design and Construction
Infrastructure
Technical
Solution
Development
Control
Building
Control
Planning
Consultants
Building Control
Consultants
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Zero Carbon
Infrastructure / Technical Solution
Development
Control
Building
Control
Planning and Building Control Consultants
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Tools
• National strategies
• Local Strategies
• Project Strategies - Design Access Statement, Fire
Strategy, Energy Certificates etc
• Building “Log Book” – (“Building MOT”)
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Let’s take this on
• Planners
• Building Control
• Designers
• Constructors
• In use advisors
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www.tpsconsult.co.uk
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