Town & Country Planning Acts Etc.
There are many Planning Acts in force in Britain, including the Town and Country Planning
Act of 1947, which laid down certain procedures to control the urbanisation of towns, reducing
the amount of ‘urban sprawl’ whereby builders and developers could build houses without let
or permission.
This was later updated in 1990, although the original premise remained. Other Acts followed,
including the Listed Buildings and Conservation Areas Acts, also in 1990. The new Acts made
several changes, including dividing planning to include forward planning, which in turn introduced
formal development control, i.e. planning for future decades and not simply case by case.
The Town and Country Planning Act 1947 has a Ten-Year Rule, which stipulates that any
breach of the Act may be subject to control for that period after a breach has been committed. In
essence, this means that any deviation from an agreed position may be subject to remediation
if a case was referred to the authorities during that time.
None of these Acts are the responsibility of a contractor, although it may be argued that a
Designer – or specifier in the case of a design & build company – has a moral responsibility as
a duty of care to check with the customer if there is any doubt that planning may be required
for a project.
Certainly, a Listed Building, of any grade, is bound to be the subject of strict regulations and
rules that will include alterations to the site, type and colour of materials, type and style of
mortar and jointing, heights and dimensions, impact and effect on the property or neighbouring
sites, and will always require written permission. In order to obtain that permit, fully detailed
plans, drawings and specification will be required. This is the responsibility of the owner.
However, the onus may still revert back to the specifier/designer under the CDM Regs. (see
Construction (Design Management) Regulations 2015) in the event of a future dispute,
being the Professional on site.
One of the most important matters concerning the majority of landscaping projects is that of
changes of level and heights. Any change of level greater than 300mm must be submitted
for planning permission to the Local Authorities. This is for two main reasons; to prevent
or avoid a garden from being raised against a neighbouring property, whereby surface
water is impeded in its journey across the area, thereby causing flooding to another garden.
Measurements are taken from existing levels across the site, and any proposed variations are
taken from those points.
The second reason is to prevent or avoid raising the garden, or part thereof, so that a nextdoor neighbour may be overlooked by virtue of the raised levels. This is very important, as
so many projects fall foul of this planning Law, following complaints from neighbours who
object to the new heights and loss of privacy.
It is not uncommon to find that the Designer/contractor is held liable for the complaint,
on a Joint & Several basis, if they have not made the customer aware, in writing, before
commencing the works, that heights may become the subject of a complaint.
Bear in mind that a contractor remains liable for a project for six years following practical
completion under the Consumers Rights Act 2015. Although the Act is primarily concerned
with quality of the product, if it was constructed in an illegal manner, the customer may
pursue the claim in Court against the Designer and/or the Contractor.
Another planning problem – nothing to do with paving – is that of the heights of pergolas and
other structures when measured from ground level. Planning permission is required for any
structure higher than 2.4m, once again, when measured from the ground. If the pergola has
been sited on ground that has been raised, even by the permitted 300mm, the effect, when seen
from the next-door garden, will be that much higher when viewed from the neighbouring side,
and therefore liable for a formal complaint, as it will appear to be at least 2.7m from their side
of the fence.
If you are working in a National Park or Area of Outstanding Natural Beauty, you may find
even more onerous regulations are in force, including local byelaws, so always check, or get
the customer to check and advise you, formally and in writing, that they have obtained all
necessary permissions before undertaking a project.
