Pre-Planning
Planning
Is planning approval required?
Do you require other approvals?
Proceeding with no planning approval
Called-in planning applications
Pre application advice for planning approval
Retrospective planning approval
Working Drawings
Types Of Drawings
Pre-Planning
Client consultation
It is important that the client and SLP have a meeting of some type to establish the design brief. To outline the specifics of the design project, time frames, budgets and any other specifics.
Site visit
In some cases a site measure and inspection may be required. This allows SLP to understand the site parameters as well as the surrounding elements such as neighboring properties and the footpath and relative obstructions (such as signs, trees etc). This allows SLP to take more things into consideration from the start to decrease the likelihood of issues arising in later stages of the design process.
Legal documents
Legal documents such as certificates of title should be provided as early as possible. This allows SLP to accurately understand the site boundaries, the legal extents of ownership and any easements or obstructions on the site that need to be considered for design purposes.
Survey
In many cases a land survey may be required. This allows SLP to understand things such as the boundaries, the location of tress, boundary obstructions (such as walls and fences intruding onto subject land), the land topography.
Concept Drawings
Before planning drawings and applications commence it is important that SLP and the client work together to create a basic “concept” for the overall building design. This is a basic representation of what the final product would look like before council / PlanSA, engineers and other third parties are involved (although their needs are always taken into consideration). Often the client will also wish to make changes from the initial concept drawings. Ideally the client should aim to get the concept drawing as accurate as possible as this is the stage of the design process where changing the design is the easiest, cheapest and the fastest. Changes become more difficult as the design process moves forward, when more parties are involved. Changes at working drawing stages may require amended working drawings (which are more complex than concept drawings), timber layout drawings, roof design drawings, shop drawings and civil engineering drawings and also amending the approval from council / PlanSA and building certifiers. Changes at working drawings stage costs more time and more money than changes made earlier on in the concept stage. �
Planning
Introduction
Planning approval is the legal process of determining whether proposed developments should be permitted. Responsibility for determining planning applications generally lies with local planning authorities such as council and PlanSA and state Government.
However, the process is a complex one, and without specialist knowledge it can be very difficult and time consuming and often more costly in the long run.
The term ‘planning’ typically refers to making plans for some sort of undertaking such as building a house. This might involve assessing needs, quantifying resources, defining goals, developing strategies, describing and allocating tasks and monitoring progress.
However, in the construction industry, the term ‘planning’ can also refer to the process of obtaining planning approval, or the general subject of town and country planning.
Planning approval is the legal process used to decide whether proposed developments should be allowed to go ahead.
Before making a planning application it is important to check with the local planning authority; when planning meetings are held and what the procedures are.
Planning applications can be detailed or outline:
Outline planning applications can be used to find out whether a proposed development is acceptable to the local planning authority, before substantial costs are incurred developing a detailed design. Outline planning applications allow the submission of outline proposals, the details of which may be agreed as “reserved matters” applications at a later stage.
Detailed planning applications submit all the details of the proposed development at the same time.
A detailed planning application might include:
Ownership certificates (certificates of title)
A location plan identifying:
The land to which the application relates
Landscaping, Hardscaping, Vegetation
The height, width and length of buildings
Appearance of the development
Proposed uses of the site.
Approvals may be the subject of planning conditions, where, rather than refusing a planning application, a local planning authority might grant approval, but might for example restrict the use of the site or require additional approvals for specific aspects of the development. Approvals may also be subject to planning obligations are used to mitigate or compensate for negative impacts of development that might otherwise make them unacceptable.
If planning approval is refused, the applicant may lodge an appeal in most cases.
Construction of the development must begin within a given time frame of the application being approved.
Is planning approval required?
The first thing that must be considered is whether planning approval is actually required at all.
Generally, all developments require planning approval. However, some do not.
There are restrictions for certain areas and building types. This means that establishing whether a proposal constitutes a permitted development is complicated, and the safest way is to ask the local planning authority.
Time frames
Obtaining planning approval can take a long time, particularly if information is incomplete, a detailed consultation is required or there are disputes.
The time expected to obtain planning approval and the risk of problems occurring must be built into the project program. However, local planning authorities are expected to decide on planning applications within a certain timeframe.
If the determination period is exceeded, the applicant can appeal, although this in itself can take some time.
Delays can be caused by incomplete applications, applications that are not in an appropriate form, payment of fees, the timing of planning committee meetings, and so on. To ensure that there are no such delays, it is wise to seek pre-application advice from the local planning authority who can clarify the form of the application required and the information that it may require. If it is necessary for the application to be determined by the local planning committee (rather than by planning officers under delegated authority) they will be able to advise about the timing of meetings and whether the applicant might make representations to the committee.
Planning performance agreements can be prepared for complex applications, or applications where the statutory timescale is likely to be exceeded. These are voluntary undertakings that enable local planning authorities and applicants for planning approval to agree the timescales, actions and resources necessary to process a planning application. They are not intended to be legally-binding contracts, but are in the spirit of a ‘memorandum of understanding’.
Do you require other approvals?
Other approvals may be required for building works or changes of use
Approval from a landlord or agent may be required if the property is leasehold.
The deeds on a property must also be checked, even if it is freehold, as restrictive covenants may prevent changes of a certain kind. If there is any uncertainty it is advisable to seek assistance from a solicitor before proceeding.
The building regulations also have to be complied with, health and safety regulations may have to be complied with. There may also be licensing requirements (eg. Liquor licensing). Depending on the nature of the project, there can be a wide range of other statutory obligations.
Proceeding with no planning approval
Developers may decide to go ahead with building works without gaining planning approval, but this is a very high risk strategy.
Planning authorities are able to take enforcement action in this situation, and in some cases properties are demolished because they have not obtained the correct approvals. Alternatively, the developer may be required to modify the completed works, or to return the development to its previous ‘permitted’ state.
Not having the adequate approvals can also prove problematic when trying to sell a property or when coming to the end of a lease. Delays can ensue and landlords can decide to claim for damages.
It is possible to apply for retrospective planning approval, and the local planning authority will then consider the application in the same way that they would any other application. Retrospective approval may be granted, however, there is a very serious risk that approval will not be granted and then enforcement action may be taken.
There is also legislation that means in some circumstances enforcement action cannot be taken against works carried out over a certain number of years previously, however, it is a risk to assume that works will fall into these categories.
Affording the investment
Before gaining planning approval it is important to assess whether the project is affordable. If it is not, it may be necessary to apply to change the approval, or to submit a new planning application.
Change of use
Sometimes businesses, fail to acquire the correct planning approval when changes to their business mean that the premises have changed in terms of their use class. There are very complicated rules that must be taken into account concerning use classes, as an infringement may amount to a failure to obtain planning approval and a breach of the terms of the lease.
In most cases, planning approval is not needed to change the use of a development when the current use and the proposed use are within the same class, or for certain other permitted changes of use class.
Rules and instructions
Lengthy delays can occur if planning applications are not submitted correctly.
The forms accompanying the planning application must be filled in accurately and comprehensively. Care should be taken, and advice sought from planning officers if necessary, as requirements and restrictions may vary depending on the specific council / PlanSA requirements.
The amount of information required will vary with the complexity of the project and whether an outline planning application or detailed planning application are being made.
DIY (Do it Yourself)
People may decide to apply for planning approval by themselves without seeking professional assistance. Whilst in the short term this may prove cheaper, it can result in a failed or delayed application or the attachment of onerous planning conditions or planning obligations that have very serious knock-on implications.
Professionals such as SLP, and planning consultants can help ensure planning applications have the best chance of gaining approval.
Changes after submission
Amendments can sometimes be made to planning approvals without the need to submit a fresh application, this can be used to allow minor material changes.
However, it can be difficult and time consuming to make significant changes to a planning approval and so it is important to be sure about the application and all of the details before they are submitted.
Significant changes might require a fresh application.
Lapse of Planning Approvals
Planning approvals generally only last for 2 years. If the the works have not been commenced within this period the approval will be considered to have expired. You can then commence building approval documentation and this will generally obtain another 2 years.
Planning Risk
Planning approval can be the greatest risk on a construction project.
Deciding whether to make an outline or detailed application, and when to make an application is of great importance. Typically, clients wish to secure planning approval as soon as possible so as to minimise abortive design costs. However, being granted planning approval may become more likely as the design develops and more details can be provided to the planning authority (PlanSA).
On design and build projects delays in obtaining planning approval (which the contractor has taken reasonable steps to avoid) may be grounds for an extension of time, and loss and / or expense and may become grounds for termination of the contract if the delay results in the works being suspended.
Problems can be caused by misunderstandings, misinterpretations, incomplete applications, applications that are not in an appropriate form, payment of fees, the timing of planning committee meetings and so on. To ensure that there are no delays, it is wise to seek pre-application advice from the local planning authority (council / PlanSA ) who can clarify the form of the application required and the information that it may require. If it is necessary for the application to be determined by the local planning committee they will be able to advise about the timing of meetings.
Planning performance agreements can generally be prepared for complex applications, or applications where the statutory timescale is likely to be exceeded. These are voluntary undertakings that enable local planning authorities and applicants for planning approval to agree the timescales, actions and resources necessary to process a planning application. They are not intended to be legally-binding contracts, but are in the spirit of a ‘memorandum of understanding’.
General Procedures
Before making a planning application it is important to check with the local planning authority; when planning meetings are held and what procedures are followed (procedures of planning meetings, number and types of drawings required, notices required, public consultation requirements, etc.). It is also wise to enter into early consultations with the the local planning authority to gauge their likely reaction to the proposed development.
Records should be kept of all communications with the local planning authority. This process will generally be led by the lead designer who may invite the client to attend particularly important meetings.
On large or sensitive projects it may be desirable to carry out an external consultation process. Ideally this process should begin early in the life of the project in order that it can influence the preparation of the brief.
Planning applications require payment of a fee and PlanSA application to be completed and a list of drawings, and ownership certificate(s).
We can obtain a copy of the planning officers report to the planning committee prior to the committee meeting and may, if permitted, wish to make a oral representation to the planning committee via an independent planner.
Approvals may be the subject of planning conditions, where, rather than refusing a planning application, a local planning authority might grant approval but might, for example, restrict the use of the site or require additional approvals for specific aspects of the development.
Approvals may also be subject to planning obligations which are used to mitigate or compensate for negative impacts of development that might otherwise make them unacceptable.
If planning approval is refused, the applicant may lodge a planning appeal (but this may not be an option for non-complying developments).
Special Measures
Local planning authorities can be placed under special measures if they fail to determine their applications fast enough or if a certain portion of major applications decisions are overturned on appeal.
Local planning authorities under special measures will have applications determined by the planning inspectorate. Special measures designation will be reviewed annually to allow improving authorities to regain their determination powers.
Called-in planning applications
Under certain circumstances, the Secretary of State may ‘call in’ planning applications to decide them themselves rather than leaving them to the local planning authority.
Pre application advice for planning approval
Prospective applicants for planning permission can seek pre-application advice from the local planning authority.
This can:
Help applicants understand the merits of a proposed development.
Help applicants understand relevant planning policies and other material considerations.
Improve the quality of the planning application so the likelihood of success.
Help resolve issues associated with a proposed development.
Improve the efficiency and effectiveness of the planning application and determination process.
Encourage a collaborative and open relationship.
Clarify requirements for consultation.
Clarify possible planning conditions and planning obligations.
Clarify the information that should accompany the application.
Reduce the likelihood of delays.
Pre-application advice should be suited to the nature of the proposed development and on large or complex projects may benefit from a planning performance agreement. This is a voluntary undertaking that enables local planning authorities and applicants to agree the timescales, actions and resources necessary to process a planning application during the pre-application, application and post-application stages.
Statutory consultees should also take an early, pro-active approach in the pre-application process and should provide advice in a timely manner. Statutory consultees with a shared interest in a development, should engage with each other and seek to resolve any issues together.
Local planning authorities and statutory consultees may charge for pre-application advice, although they are encouraged to provide a basic level of service without charge.
Retrospective planning approval
Planning permission is the legal process followed in order to decide whether proposed developments should be allowed to go ahead. Responsibility for planning permissions lies with local planning authorities.
Other than permitted developments, (which are considered to have insignificant impact), all developments require planning permission.
It is possible to apply for retrospective planning permission after works have begun. The local planning authority will then consider the application in the same way that they would any other application. Retrospective permission may be granted, however, there is a very serious risk that permission will not be granted and then enforcement action may be taken. This could include modifying completed works, or returning the development to its previous ‘permitted’ state. Appeals can be made to the planning inspectorate.
Planning enforcement is the process of investigating and resolving possible breaches of planning law. Breaches might include:
Not obtaining planning permission for works that require permission (including; listed buildings, satellite dishes, advertisements, protected trees and so on).
Not carrying out works in accordance with a permission.
Not complying with planning conditions or other limitations.
Changing the use of a site or buildings without obtaining planning permission where planning permission is required.
Local planning authorities have discretionary power to investigate and enforce these breaches using whatever enforcement action may be necessary in the public interest. One possible enforcement action is to ask the party in breach to make a retrospective planning application if they have not already done so. However, permission may still then be refused.
Planning authorities can decline to determine retrospective applications after an enforcement notice has been issued.
Limits have been introduced to the right of appeal against an enforcement notice after a retrospective planning application has been submitted, but before the time for making a decision has expired.
Limiting appeals on technical grounds resulting in the granting of planning consent.
Working Drawings
Introduction
Working drawings provide dimensioned, graphical information that can be used; by a contractor to construct the works, or by suppliers to fabricate components of the works or to assemble or install components. They may include architectural drawings, structural drawings, civil drawings, mechanical drawings, electrical drawings, and so on.
Traditionally, working drawings consist of two-dimensional orthogonal projections of the building or component they are describing, such as plans, sections and elevations. These may be drawn to scale by hand, or prepared using Computer Aided Design (CAD) software.
The scale at which drawings are prepared should reflect the level of detail of the information they are required to convey. Different line thicknesses can be used to provide greater clarity for certain elements.
It is important that the purpose of the drawings and the people that will use them are considered. Working drawings might be prepared for; statutory approvals, for contractors to plan the construction works, to provide instructions on site, for the procurement of components, for the preparation of shop drawings, for the appointment of subcontractors and so on.
Drawings must be structured carefully so that they convey necessary information to carry out particular parts of the works. To give greater clarity, they may be separated into packages, so that information is specifically tailored to separate parts of the works, specific components, or separate suppliers or trades.
Working drawings may be updated when the works are complete to show ‘as constructed’ information, reflecting changes to the works that may have occurred during the construction process.
Specifications
Specifications describe the materials and workmanship required for a development. They do not include cost, quantity or drawn information, and so need to be read alongside other information such as quantities, schedules and drawings.
Specifications vary considerably depending on the stage to which the design has been developed, ranging from performance specifications (open specifications) that require further design work to be carried out, to prescriptive specifications (closed specifications) where the design is already complete.
Having a prescriptive specification when a contract is tendered gives the client more certainty about the end product, whereas a performance specification gives suppliers more scope to innovate and adopt cost effective methods of work, potentially offering better value for money.
Typically, performance specifications are written on projects that are straight-forward and are well-known building types.
Whereas prescriptive specifications are written for more complex buildings. For more information, the combination of performance and prescriptive specifications. Items crucial to the design will be specified prescriptively (such as external cladding) whilst less critical items are specified only by performance (such as service lifts).
Key to deciding whether to specify a building component prescriptively or not, is considering who is most likely to achieve best value, the client, SLP or the contractor:
Large clients may be able to procure certain products at competitive rates themselves (for example the government).
Building Approval
Building Rules Consent (also known as building approval or building certification) is a form of approval sought at the working drawings stage of the design process. Councils / PlanSA and private certifiers are the authorities that can grant this (not to be confused with planning approval which does not permit construction).
Building approval ensures that a building complies with building codes, fire safety measures, access requirements for general and disabled persons, sufficient emergency exits, sufficient natural lighting, sufficient artificial lighting and so on.
Building certifiers look at all relevant drawings and documents to come to their decisions on whether or not to grant building approval. If building approval is not granted they may request further information about specific building elements or in some cases request design changes (eg. Additional windows for more natural light).
Types of Drawings
Block Plans
A block plan is a plan that shows the full extent of the subject site and where the building(s) is situated within the site(s). A block plan may also include adjacent buildings on adjacent properties as well as council / PlanSA or public land such as footpaths, crossovers and any obstructions such as stobie poles, trees etc. A block plan communicates the boundary setbacks, the private open space and other particulars to council / PlanSA in the case of planning drawings while communicating the extents of concrete foundations and other built elements to the builder in the case of working drawings.
Floor Plans
A floor plan shows the overall layout of a building including openings and fittings. It is a cut through of the building on the horizontal plane from directly above. A floor plan communicates the different rooms within a building, their relationship to each other and the walkways, entrances, exits, stairs, elevators and so on. It may also include other information specific to the project (such as a specific fireplace the client wants installed etc.).
Elevations
Elevations show the exterior of the building as viewed from specific angles – usually relative to the 4 sides of the building and/or compass viewing angle (eg. North elevation). Elevations are a ‘2d’ version of what you would see in real life.
Elevations communicate the overall appearance and character of the building(s) as well as important technical factors that councils / PlanSA are interested in such as overlooking potentials from upper level windows or balconies, overall building height, roof pitches and ceiling heights, wall heights etc.
Elevations also depict the textures, colours and shape of the building and are often accompanied with a schedule to give clarity to the selections.
Sections
In terms of design, the term ‘section’ typically refers to a view of a structure as though it has been sliced in half or cut through the vertical plane. This is represented as a ‘section drawing’. This can be useful when designing or representing structures such as buildings because it gives a view that passes through spaces such as rooms and also through the building fabric, and this can reveal relationships between the parts of the building that might not be apparent on plans or elevations. Sections help designers refine their design and communicates to third parties important information.
Details
Architectural detail drawings provide a detailed description of the geometric and material form of a part of an object such as a building. They tend to be large-scale drawings that show in detail parts that may be included in less detail on other types of drawings.
Detail drawings may be used to demonstrate compliance with regulations and other requirements, to provide information about assembly and the junctions between components, to show construction details, detailed form, and so on, that would not be possible to include on more general drawings.
They may include dimensions, tolerances, notation, symbols and specification information, but this should not duplicate information included in separate specifications as this can become contradictory if not updated as projects are refined and may cause confusion.
Electrical Layouts
Electrical layouts are a plan layout with a focus on the electrical components of a building. An electrical layout will show the location of electrical boxes (meters), powerpoints, lights, switches, fans and electrical doors (eg. Garage doors). Electrical layouts will usually also include information that will assist in the installation of electrical components such as voids for ducts and obstructions (such as man holes in ceilings to show where electrical components can NOT be installed). It is important in some circumstances for the client to specify electrical components if they are particular about something. For example, if a large TV is to be mounted on the wall of a living room, it is a good idea to design this in to ensure correct engineering for the weight of the tv, maybe you want a niche around it too which can be designed in, it also ensures there are no impediments and the PowerPoints are in an appropriate relative position.
Perspectives
Perspectives are drawings or images, nowadays usually taken from 3d digital models to show a realistic view of the interior or exterior of a building design. A perspective shows the shape and scale of a room or the building and can also (but not always) show textures, materials, colours, landscaping. Often perspectives are used to show the client the most ‘realistic’ portrayal of the concept design.
Third Party Drawings
Third party drawings are drawings that are not produced by the organisation referring to them. In the case of the designer, third party drawings are (but not limited to) Survey drawings, engineering drawings (framing layouts, drainage plans, footings), shop drawings (panel designs, cabinetry, plumbing drawings) and any manufacturers drawings that instruct builders how to install their products. Third party drawings are considered in all stages of design but are mostly relevant for working drawings because they are usually based off of the finalized design to decrease the amount of changes required to the initial drafts of their drawings.
Superior Land Projects 