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

Student Name/ID Number:

Unit Number and Title:

Unit 5 Legal & Statutory Responsibilities in Construction

Academic Year:

2018 -19

Unit Assessor:

 Various

Assignment Title:

Contracts and Law in Construction

Issue Date:

 Various

Submission Date:

 Various

Assessment writer

Internal Verifier Name:

Date:

Submission Format:

Note there are two sections to the assessment below (Sec A & B)

To provide flexibility in how this assessment is carried out, sites may choose to do Section A as an in-class assessment and Section B as a home completed exercise, or vice versa, or indeed use the same format for both.

As a guide - each section should take about 3 hours each.

Unit Learning Outcomes:

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 buildings.

Assignment Brief and Guidance: Unit 5 Legal & Statutory Responsibilities in Construction

As part of your role as Project Manager in a small Architectural Office, you are working with a client, to build a “Pets Grooming Parlour” which includes the following accommodation contained within a single storey 3m high unit (includes internal room dimensions in metres):

• Reception area (2.8m x 2.2m)
• Cat groom room (4.4m x 3.2m)
• Dog groom room (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 on the car parking area of an existing busy shopping mall. The site is adjacent to an office building owned by other parties and the access road is close to both properties. The owner of the mall and land had 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 Contractor/Developer. The building will be a modular build constructed using off site fabrication and delivered to site by lorry and crane.

Complete the attached assessment workbook.

Recommended resources

CARD, R., MURDOCH, J. and MURDOCH, S. (2011) Real Estate Management Law.7th Ed. Oxford University Press.

CLOUGH, R.H., SEARS, G.A., SEARS, K.S., SEGNER, R.O. and ROUNDS, J.L. (2015) Construction contracting: A practical guide to company management.Eighth edn. Hoboken: John Wiley & Sons.

MASON, J. (2016) Construction law: From beginner to practitioner. London: Routledge.

UFF, J. (2013) Construction Law. London: Sweet & Maxwell.

Learning Outcomes and Assessment Criteria:

Learning Outcome

Pass

Merit

Distinction

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

P1 Explain the key legislation and agencies in the planning process. 

P2 Explain how planning decisions are made and processes available to appeal and monitor them.

M1 Analyse the role of planning systems and agencies in managing the development of land and buildings.

D1 Evaluate the impact of planning systems and building regulations agencies in managing the development of land and buildings.

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

P3 Explain the key legislation and agencies in the building control process.

P4 Discuss how building decisions are determined and the processes available to appeal and monitor them

M2 Analyse the application of building regulations in low and medium rise residential and commercial buildings.

D1 Evaluate the impact of planning systems and building regulations agencies in managing the development of land and buildings.

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

P5 Explain how the law of trespass and nuisance relate to the construction industry.

P6 Discuss how the laws of occupiers’ liability and vicarious liability apply to the construction industry.

M3 Produce a plan for a contractor to manage the legal impacts of a large urban construction project.

D2 Present a strategy to address the legal and statutory issues associated with the sale of a large urban construction site.

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

P7 Explain how land law has evolved to shape modern land ownership and the role of contract law in buying and selling property.

P8 Discuss how landlord and tenant law is used to manage property.

M4 Evaluate how the application of land law and landlord and tenant law control the disposal and use of property.

D3 Assess the impact of land law and property law in the development and disposal of a

large urban construction

project

Assessment Workbook

SECTION A (Answers to be completed in the boxes provided)

This section relates to Unit Learning Outcomes 1 & 2

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 Pets Grooming Parlour under the `Use Classes` as defined within The Town and Country Planning (Use Classes) Order 1987?

4. List the mandatory supporting documents that will be required for the Pets Grooming Parlour planning application?

6. Provide a written explanation of the building control process, the agencies involved and how planning decisions are made and appeals are monitored and processed. Use in your answer a hypothetical objection to a planning restriction imposed upon the design for the dog grooming parlour.

7. Provide an evaluation of the impact of the planning system and buildings regulations in managing the development of land and buildings. Include in your answer how the two systems could possibly impact upon the dog grooming facility.

SECTION B (Answers to be provided on separate sheets of paper)

This section relates to Unit Learning Outcomes 3 & 4

The proposed site for the Grooming Parlour is adjacent to another site with an office building and the busy shopping mall. Also, as noted above, the land will be on a leasehold tenancy.

8. Provide an explanation of how land law relates to the Grooming Parlour in terms of tenure and leasehold of the land, rights of way and shared access agreements and easements etc, relating to the shopping mall car park.

9. What legal documents will need to be drawn up on completion of the parlour between the landlord, the tenant and the landowner?

10. In view of the proximity of other buildings and their users, explain why this might cause particular problems on site with regard to the laws of trespass, nuisance, occupiers liability and vicarious liability.

11. Provide a list of what these problems might be and a detailed plan of how the building contractor might mitigate against them to reduce the legal impacts.

12. If the grooming parlour were to be scaled up to a much larger development (for example a full “Pets at Home” style shop, containing live animals, a feed warehouse, AND the grooming parlour), provide a strategy to address the further legal and statutory issues with such a complex large scale urban development.

13. Provide an evaluation of how the application of land law and landlord and tenant law would control the disposal and future use of the Grooming Parlour building.

14. Assess the impact of land law and property law in the development and disposal of large scale warehouse type retail developments.