Case Study Flashcards
(338 cards)
What was included in a Listed Building Consent application?
- A completed application form.
- Site & Location plan
- Floor Plans and Elevations
- A certificate of ownership.
- Design and Access Statement /Heritage impact assessment
What is a Design and Access Statement /Heritage impact assessment
Brief description of the building’s history and background to the proposals which form the basis of the application.
With justification on how the proposal helps to preserve the character of the building and historic fabric. (include photographs).
What is a certificate of ownership
Certificate confirming the applicant is either the sole owner of the land or that notice has been served on all owners /tenants.
This is required in accordance with Section 11 of the Planning Listed Buildings and Conservation Areas Act 1990.
There are four certificates A-D, covering a range of circumstances.
Where the applicant is not the building owner, notices must also be served.
What was the non-material amendment for?
The design approved by the LA was for side hung windows.
The owner of the apartment requested for the windows to be top-hung and therefore this change did not materially alter the proposal, but consent was required for the change.
How were the existing casements hung? Why was this not considered?
The existing casements were top hung, I considered this to be due to the angled design.
The design was ultimately approved by the directors who were happy with the side hung style.
The issue was that it wasn’t their apartment and ultimately shouldn’t have been their decision.
Did the non-material amendment affect the LBC?
There were no requirements set for which way the casements were to be hung in the LBC.
This was due to the dormers being located on a modern extension that was out of view of the wider conservation area and therefore having no impact no impact on the appearance of the building or the wider conservation area.
When I lodged the non-material amendment, I was informed that an amendment to the LBC would not be required and the change in the casement still discharged all of the conditions set in the listed building consent.
I am aware that you can not alter any conditions set by LBC and that a new application would be required.
What was the time frame for the non-material amendment?
28 days
What was included within your fee /service proposal?
- Scope of services /limitations.
- Proposed Fee /Payment terms.
- Complaints handling procedure.
- T&C’s of business and specific services.
What are the implications if T&C’s are not provided?
- Nothings in writing for what has been agreed.
- It wouldn’t be considered professional /reputational damage.
- Lack of transparency
- A complaint handling procedure may therefore not have been issued which is a breach of the RICS code of conduct.
Who was responsible for paying your fees and who was the fee proposal sent to?
The client ‘Homestead’ was responsible for paying the fees who had been appointed by the building owners to manage the property (externally and communal area).
What if homestead didn’t pay your fees – would you then go to the owners?
No, the agreement was between AG and Homestead who were responsible for paying our fees.
The fee would have been discussed directly between homestead and the board of directors in a separate meeting who confirmed their willingness to pay.
AG were then appointed for the instruction.
What contract did you use for the works?
JCT Intermediate Building Contract with contractors design
- Tradition procurement
- Allowed appointment of sub-contractor who was liable for a specific section of design (waterproofing system).
Did the sub-contractor enter into the contract?
The Contractor entered into a sub-contract agreement with the named person. ‘Intermediate Named Sub-Contract Agreement.
Within 14 days of the date of issue of the instruction.
In terms of the named sub-contractor, what would happen if the principal contractor went bust?
The named-sub contract agreement would then be terminated between the contractor and named sub-contractor.
In this instance, I would look at Novation of the contract (transferring the benefits and burdens of a contract to a third party) to continue the works.
Who was the contract between?
The contract was between the principal contractor and the director’s private limited company.
The owners had a share of freehold which formed a private limited company.
What is a share of free hold?
Share of Freehold is where the individual flat owners own the leasehold for their flat and hold a share of the freehold for the entire building and the land it is built on collectively owning the whole freehold.
One method of managing a share of freehold for a property with more than four freeholders is to create a private limited company.
The company would be registered as the building’s freehold owner and the other co-owners registered as shareholders and directors of the company.
The board were nominated directors of the company with the rest remaining as shareholders.
What was the restricted access in terms of height to the rear?
Fixed restriction of 2.5m height.
Was there any other type of lift possible other than a MEWP for maintenance /undertaking the works?
I considered a scissor lift but the rear access was for pedestrian use only.
The adjacent church building had a wrap around extension for the church hall.
If a MEWP was used to the front elevation, what would you consider?
If any road closure were required
Checks with the local authority for permits.
Operators had IPAF licences.
What were the limitations of not using a MEWP and a pole camera instead?
Preventing close inspection without being able to physically check the timber for moisture reading and durability.
How were the high-level repairs undertaken?
Scaffolding – a low loader was parked up in the rear car park and scaffolding walked through the pedestrian entrance and erected.
How was the scaffolding fixed to the building?
The scaffolding was buttressed up to the building without the need for mechanical fixings.
What H&S risks are you aware of in terms of scaffolding?
- Fall from height /edge protection.
- Adjacent overhead power lines
- Poor ground conditions
- Vulnerability to vehicle impact.
- Preventing unauthorised access on to the scaffold.
What did your Design risk assessment include?
- Falls from height.
- Asbestos (particularly the basement used for thermal insulation).
- Movement of vehicles from the rear car park.
- Preventing unauthorised access on to the scaffold.
- Potential for lead based paint (banned in 1992).