RIBA Architecture Parts 1, 2 and 3 Statutory Compliance, Building Regulations and the Planning System Syllabus

Statutory Compliance, Building Regulations and the Planning System syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Statutory Compliance, Building Regulations and the Planning System in RIBA Architecture Parts 1, 2 and 3, not a summary of it.

1. 1

   The Planning System

   5 topics

   • The plan-led system and policy hierarchy
     • National Planning Policy Framework
     • Local plans and neighbourhood plans
   • Use classes and permitted development
   • Making a planning application
     • Outline versus full applications
     • Pre-application advice and validation
   • Conditions, obligations and CIL
     • Section 106 agreements
     • Community Infrastructure Levy
   • Appeals and enforcement
2. 2

   Building Regulations

   4 topics

   • The Building Act and the regulatory regime
   • The Approved Documents (Parts A to S)
     • Part A structure and Part B fire safety
     • Part L energy and Part M access
   • Building control routes and inspections
     • Local authority versus approved inspector
   • Competence and the building safety regime
3. 3

   Fire Safety and the Building Safety Act

   4 topics

   • Means of escape and compartmentation
   • The Building Safety Act 2022
     • Higher-risk buildings and gateways
     • The golden thread of information
   • Dutyholders and the principal designer role
   • Cladding, external walls and remediation
4. 4

   Heritage, Access and Other Statutory Duties

   4 topics

   • Listed buildings and conservation areas
     • Listed building consent
   • Inclusive design and the Equality Act
   • Party Wall etc. Act 1996
   • Rights to light and boundary law

Statutory Compliance, Building Regulations and the Planning System flashcards for RIBA Architecture Parts 1, 2 and 3

19 of 55 cards from the Statutory Compliance, Building Regulations and the Planning System deck — real questions with worked answers.

1. What does the term "plan-led system" mean in the context of English town planning?

   It is the principle (set out in s.38(6) of the Planning and Compulsory Purchase Act 2004) that planning applications must be determined in accordance with the development plan unless material considerations indicate otherwise. The development plan therefore takes primacy in decision-making.

2. What is the policy hierarchy of English planning documents, from national to local?

   National Planning Policy Framework (NPPF) and National Planning Practice Guidance at the top, then the statutory Development Plan (Local Plans and any Neighbourhood Plans), then Supplementary Planning Documents. National policy is a material consideration; the development plan is the statutory starting point.

3. What is the legal status of the National Planning Policy Framework (NPPF)?

   It is national policy, not legislation. It is a material consideration in planning decisions but does not override the statutory development plan; it carries a presumption in favour of sustainable development.

4. Define "material consideration" in planning law.

   A consideration genuinely connected to the use and development of land that a decision-maker may lawfully take into account, e.g. design, amenity, highway safety, NPPF policy. It must be planning-related; personal circumstances and loss of property value are generally not material.

5. Which legislation governs the Use Classes Order in England, and which Order is current?

   The Town and Country Planning (Use Classes) Order 1987 as amended, most significantly by the 2020 amendments which introduced Class E.

6. What does Use Class E (Commercial, Business and Service) encompass?

   A broad class introduced in September 2020 covering shops, restaurants/cafes, financial/professional services, indoor sport/gyms, medical/health services, creches, offices, research and development, and light industry. Movement between these uses does not require planning permission.

7. List the principal sui generis uses that fall outside the Use Classes Order.

   Sui generis ("of its own kind") uses include pubs/drinking establishments, hot food takeaways, cinemas, live music venues, theatres, casinos, petrol stations, scrapyards, hostels, and waste disposal facilities. Each change to/from them generally needs planning permission.

8. What is "permitted development" (PD)?

   Development granted planning permission nationally through the General Permitted Development Order (GPDO), so no application to the local authority is required, subject to limits and conditions. Some PD rights require a prior approval application.

9. What can remove or restrict permitted development rights?

   An Article 4 Direction (made by the local authority), a planning condition on an existing permission, Conservation Area or Listed Building status, and location within designated land such as National Parks or AONBs.

10. What are the two main routes to obtaining planning permission and what is a third confirmatory option?

    Full planning permission and outline planning permission (with reserved matters to follow). A third route is a Lawful Development Certificate (LDC) confirming existing or proposed use/development is lawful.

11. What are the "reserved matters" that can follow an outline planning permission?

    Access, appearance, landscaping, layout and scale. Outline permission establishes the principle of development; reserved matters approve the detail.

12. What is the statutory determination period for a major planning application versus other applications?

    13 weeks for major applications (and EIA development 16 weeks) and 8 weeks for all other (minor/householder) applications, unless an extension of time is agreed.

13. What is a Design and Access Statement and when is it required?

    A document explaining the design principles and how access for all users has been considered. It is required for major development and for most development in Conservation Areas/affecting listed buildings; not normally needed for minor householder development outside designated areas.

14. What are the statutory tests that a planning condition must meet (the "six tests")?

    A condition must be: (1) necessary, (2) relevant to planning, (3) relevant to the development permitted, (4) enforceable, (5) precise, and (6) reasonable in all other respects (per NPPF and Circular guidance).

15. What is a section 106 agreement (planning obligation)?

    A legally binding obligation under s.106 of the Town and Country Planning Act 1990 between a developer and the local authority to mitigate the impact of development, e.g. affordable housing, education or transport contributions. It must be necessary, directly related and fairly related in scale to the development.

16. What is the Community Infrastructure Levy (CIL)?

    A non-negotiable, fixed-rate charge (set per square metre by a local charging schedule) levied on most new development to fund infrastructure. Unlike s.106 it is a tariff, not a negotiated obligation, and is index-linked.

17. State the basic formula by which a CIL charge is calculated.

    $\text{CIL} = R \times A \times \frac{BCIS_p}{BCIS_c}$, where $R$ is the levy rate (£/m²), $A$ is the net additional chargeable floor area in m², and the final term indexes the rate using the BCIS index at the year of the planning permission ($p$) over the index at the year the charging schedule took effect ($c$).

18. What is the deadline for lodging a planning appeal against refusal of a householder application versus a major application?

    Householder appeals must be lodged within 12 weeks of the decision; most other appeals (including major) must be lodged within 6 months of the decision date.

19. What are the three procedures available for determining a planning appeal?

    Written representations (most common, used for simpler cases), informal hearing (round-table discussion), and public inquiry (formal, with advocates and cross-examination, for the most complex/contentious cases). Appeals go to the Planning Inspectorate.

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