All change

Keeping up with the planning and development legislative framework

 
 
 
 

If it seems to you like the goalposts keep moving when it comes to securing planning consent and building control then you’re not alone. Truth is, the rules and requirements surrounding this critical hurdle in development really have been moving.

There have been a number of updates to the legislative framework for planning and development in recent months, and frankly, we wouldn’t blame you if you said it was hard to keep track of it all.

Some of the changes are in response (quite rightly) to the climate agenda. As a major contributor to our carbon footprint, accounting for 38% of total global energy-related CO2 emissions, building emissions need to halve by 2030 to get on track for net zero carbon building stock by 2050.  

There are other important reasons too, relating to safety in the construction industry and political movements on how best to get the economy (and the planning system) moving.

But whatever the reasons, it’s hard for developers and landowners to keep up-to-date with which what is now expected of them.

With so much change happening, we’ve put together this summary to point you in the right direction for some of the key changes you need to know about.

Changes to the building regulations

The government is on a mission to improve the energy performance of our building stock.

And as the tool by which all new development is controlled to ensure quality standards are met, our building control regulations are absolutely critical to the net zero mission.

Changes to Part F and L, alongside the creation of new Approved Documents O and S will require fundamental design changes in respect of ventilation, the conservation of power, reducing overheating and making provisions for electric vehicles.

For more information about the changes, read our summary.

 
 
 
 

Changes to Energy Performance Certificates

Part of the government’s strategy to reduce the carbon impact of our homes is the introduction of tougher requirements for delivering energy efficiencies in our homes.

Currently all private rented properties have to achieve an Energy Performance Certificate (EPC) rating of E.

Over the next five years the requirement ratchets up. By April 2028 all tenancies will be required to meet EPC Band C.

Why does it matter? Because without the right rating, your property can’t be let.

Read more about the changes here.

 
 
 
 

The Building Safety Act 2022

This long-awaited Act is the government’s response to the failings in building safety that came to light after the Grenfell Tower disaster in 2017.

It’s overriding objectives are to clarify roles and responsibilities, addressing a systematic failure where some unhelpful behaviours prioritised speed and cost savings over safety.

One of the most important points you should know is that, as the client, developers are responsible for getting the right team in place and signing off on the competence of your Principal Designer and Principal Contractor.

For a fuller summary of the top things you need to know, check out this blog post.

Planning reforms

The Levelling Up and Regeneration Bill (LURB) was published in May and is currently passing through readings in the House of Commons. It covers a wide range of topics, with one key focus being how our high streets can be revitalised, “levelling up opportunity and restoring neighbourhood pride”.   

The Bill also proposes the introduction of National Development Management Policies, though these are raising some consternation amongst MPs about the “centralisation” of the planning system.  

It also looks like maintaining a five year housing land supply (5YHLS) is also being watered down: a policy paper accompanying the LURB states that where a local plan is up to date authorities won’t need to maintain a 5YHLS. As this proposal relies on the plan-making process being more effective, there will still be a role for 5YHLS in the future it seems.  

There is much turmoil going on within government corridors at the moment, and with the third administration of 2022 being formed this month it’s quite possible that the latest government proposals could be ditched before they can even get established. But, we are keeping our ear to the ground to keep up-to-date with the latest announcements so we can provide the right planning advice.   

Don’t neglect your responsibilities

With all these changes taking place, it’s so important to seek sound professional planning and architectural advice so that you don’t inadvertently neglect your responsibilities.

We keep abreast of all the latest changes to the rules that matter, so you don’t have to.

Get in touch if you need some advice on your next development project. We’ll make sure you don’t miss a beat.

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