PLANNING

Planning Context

Summary of Principal Legislation and Structure/Local Planning

• Town and Country Planning Act (England and Wales) 1990

• Joint Lancashire Structure Plan 2001-2016 (adopted 2005)

• Lancashire Minerals and Waste Local Plan 2006

• Lancaster District Local Plan 1996-2006 (adopted 2004)

Joint Lancashire Structure Plan (JLSP)

Relevant policies:

P1 (general development framework)

P2 (main development locations)
P7 (parking)
P8 (road improvements, esp. Heysham-M6 link)
P12 (housing)
P14 (business and industrial land)
P17 (office development)
P20 (landscapes)
P21 (natural and man-made heritage)
P22 (water resources)
P23 (coastal zone)
P24 (flood risk)
P27 (development and waste minimisation)

Lancaster District Local Plan (LDLP)

Relevant policies:

Housing

H1, H3, H10-H13

Economy and Employment

EC5, EC6, EC8, EC14 and EC15

Transport

T9 (public transport), T16 (parking), T24-T27 (cycling and public rights of way)
Environment

E7 (water quality of existing watercourses), E8 (groundwater), E10

(contaminated land), E11 (flooding), E15-E16 (internationally protected sites),
E17 (Lune as a Site of Local Biological Interest), E18 (protected species), E27
(woodland opportunity areas), E30 (Lune Valley Cycle Track and Luneside
Riverside Area as Green Corridor), E32-E33 (listed buildings), E45-E46
(archaeological issues)

Recreation

R9 (Lune Riverside Park and Lancashire Coastal Path), R11 (open space), R21
(disabled access issues)

LDLP Supplementary Planning Guidance notes – walking/cycling, public transport,

housing, use of existing structures, locally sourced and environmentally friendly
construction materials, contamination, energy efficient and low impact buildings,
flood risk and SUDS, nature and archaeological conservation, use of derelict land,
open space

Other Guidance

Regional Planning Guidance

RPG13 (for NW England) (2003)

Planning Policy Guidance notes (PPGs) (to be replaced by Planning Policy

Statements (PPSs))

PPS1 (sustainable development)

PPG4 (industrial and commercial development)
PPS9 (biodiversity and geological conservation)
PPG13 (transport)
PPG15 (historic environment)
PPG16 (archaeology)
PPG17 (sport and recreation)
PPG20 (coastal planning)
PPS25 (flooding)

Other Legislation

Conservation Areas, Historic Monuments, Listed Building and Tree Preservation

Orders

Ancient Monuments and Archaeological Areas Act 1979

Planning (Listed Building and Conservation Areas) Act 1990

Legislation pertaining to Tree Preservation Orders (TPOs)

Ancient Monuments and Archaeological Areas Act 1979

Environmental Protection Act 1990 – contaminated land

Nature Conservation legislation providing for the implementation of the EC Wild
Birds Directive, EC Habitats Directive (together known as Natura 2000), SSSI and
Ramsar designation:

National Parks and Access to the Countryside Act 1949

Wildlife and Countryside Act 1981 (amended 1985)

SI 1994 2716 The Conservation (Natural Habitats, &c.) Regulations 1994

EU Water Directive

Consultations

Council will consult the following when the planning application is submitted, but
the Landscape Architect on this project should also seek advice as necessary from
the same before the application is submitted.

Lancashire County Council - Highways

Environment Agency

Local Electricity

Local Gas

Local Water

Natural England

Centre for Ecology and Hydrology (at Lancaster University)

Morecambe Bay Partnership

Lancashire LBAP

English Heritage

Lancaster Archaeological and Historical Society

Wildlife Trust for Lancashire, Manchester and North Merseyside

Planning Permission and Other Approvals

Summary of the Development

This will be a riverside park and environment centre (including public sector and
educational employment). Included in the wider masterplan will be habitat
restoration and flood protection measures. The development will occupy c. 24 ha
along the riverside at Lancaster, on the site of the former Luneside Mills.

There are no conservation areas, listed buildings or TPOs within the site
boundaries, but the site is adjacent to the historic St. George’s Quayside, which is
part of the Castle Conservation Area. Also on site are a small number of mid 19th
century mills.
The site is close to extensive tidal mudflats and saltmarsh. The lower estuary,
some 2km downstream from the site forms part of Morecambe Bay
SAC/SPA/SSSI/Ramsar.

The area is at risk from flooding. The Environment Agency places the site and
adjacent housing areas in flood risk zone 3 (high risk), which means there is a 1
in 100 or greater annual probability of river flooding or a 1 in 200 or greater
annual probability of tidal flooding in any year.

The local plan has designated the site an “employment area.” However, in 2004
the local authority commissioned a landscape consultancy to investigate
alternative land use proposals for this site. The preferred option was for a
riverside park/business centre, focussing on the environment. The local authority
is working with the developer (in this case a consortium of private business,
educational and national government agencies) to put forward a detailed proposal
based on the preferred option.

Planning Application

Because of the scale of the development and the fact that the proposed land use
does not fall within the Local Plan’s designation for this area, the developer (in
this case, the consortium mentioned above) is advised - and required by law - to
seek planning permission. However, since this proposal has local authority
backing it is not unrealistic to anticipate a positive outcome. Initially, outline
planning permission will be sought, but it must be remembered that the local
authority has the power to reject the application (with or without recommended
changes to the proposal). Even if outline permission is granted, all submitted
documents will be subject to scrutiny, and conditions (reserved matters) may be
imposed even if the submission is “successful.”

CONTRACT
Appointing a Landscape Architect

The Landscape Institute recommends that work undertaken by a landscape

architect should fall into the following categories. The landscape architect may
produce work in this order or may be required to carry out only parts of it.

Work Stages

Preliminary Services

A – Inception
B – Feasibility

Standard Services

C – Outline Proposals
D – Sketch Scheme Proposals
E – Detailed Proposals
F – Production Information
G – Bills of Quantities
H – Tender Action
J – Contract Preparation
K – Operations on Site
L – Completion

Other Services

May be provided outside the design, construction and management process

outlined above:

• Surveys and investigations

• Cost estimating and financial advisory services

• Planning negotiations

• Additional administration of projects

• Services normally provided by other consultants

Fees Calculation

Percentage fee – expressed as a percentage of the total construction cost.

Time charges – time spent on the project is charged at a previously agreed rate.
Most suitable when the scope of the work cannot be reasonably fully foreseen.

Lump sum or fixed price – a total sum of money is agreed for a defined package
of services. However, work must be agreed and any variations from this
agreement should be charged at a previously agreed rate.

In addition, methods of charging expenses and disbursements must be agreed

before work commences.

Other Consultants
Design Team

Landscape architect or contract administrator

Project manager
Quantity surveyor
Other consultants (acting as advisers to landscape architect on specialist aspects
of design or construction)

E.g.

Civil engineers
Ecologist
Archaeologists
Hydrologists
Utilities
Architects
Construction
Horticulturalist/nursery supplier
Environmental scientist
Government agents – e.g. Environment Agency
The planning supervisor
The clerk of works

A separate architectural design team will be drawn together to take responsibility

for the restoration of old, and design of new, buildings.

The Contractor

Enters into legal agreement with client.

Appoints a contracts manager.

The following will be agents of the contractor:

Site agent/foreman
H and S rep
Subcontractors

Contracts
ICE (Institute of Civil Engineers)

Key issues – final price is uncertain as contractor is entitled to extensions of time

and extra payment if they encounter reasonably unforeseen conditions.

NEC (New Engineering and Construction Contract)

GC Works (Government Contracts)

There are three versions:

1. major building and civil engineering work with quantities

2. major building and civil engineering work without quantities

3. single stage design and build

JCT Standard Form of Building Contract (Joint Contracts Tribunal)

Also incorrectly known as the RIBA form.

Complex form.

JCT Standard Form of Management Contract

Used for large construction projects where speed is of importance.

JCT Intermediate

Simpler than JCT.

JCT Minor Building Works

For use on relatively low value projects or local authority new and amended fixed
price projects. Although it has limitations and exclusions, useful for landscape
projects.

JCT Intermediate Landscape Supplement

Supplement to JCT Intermediate with extra provisions for cost, vandalism, dead
plants and partial possession by the employer.

JCLI (Joint Council for Landscape Industries)

Split into two contracts:

1. JCLI Agreement for Landscape Works ‘98

No provision for maintenance after construction

2. JCLI Landscape Maintenance Agreement ‘98

Can be used with construction contract to cover maintenance during the

planting defects period or for landscape maintenance works not associated
with a construction contract.

Roles
Landscape Architect’s Role as Contract Administrator

Appointed as agent (to act for or represent the employer) – appointed either
directly or as a consultant to an architect or engineer who is an appointee of the
employer. Landscape Architect’s role is to:

• Advise client of his role and things he should be aware of – his

responsibilities and obligations, etc – particularly if the client is unaware of
these matters.

• Prepare the contract documents and organize their administration (e.g.

arrange for them to be signed and administer the contract on site).

• Visit the site at regular or appropriate intervals to check on progress.

• Other administration, such as preparation of periodic financial and

progress reports for the client.

• Carry out design and specification work in accordance with CDM regs and
prepare risk assessments.

Client (Employer’s Role) is to:

Decide the function that the scheme will fulfill or instruct landscape architect to
investigate these functions.

Decide approximate outlay that can be expended.

Appoint landscape architect, quantity surveyor and clerk of works, and other
professionals as required.
Sign the legal agreement or contract which governs the conduct of the parties to
the contract (employer and contractor).

Appoint planning supervisor and principal contractor under Construction (Design

and Management) Regulations 1994 (CDM regs) and provide sufficient resources
to enable work to be carried out safely.

Pay out money due for services directly to contractor – as per

agreement/contract conditions.

Be aware of his responsibilities and obligations, the terms of engaging

professionals, methods of working and the delegation of responsibility to the
professional as his agent.

Contractor’s Role is to:

Carry out and complete the work in accordance with the contract and design
specification – to the satisfaction of the landscape architect/architect/etc.

Provide materials, goods and workmanship in accordance with the contract.

Comply with statutory requirements and by-laws.

Ensure all the requirements of necessary and relevant legislation are complied
with (e.g. employees, health and safety).

Appoint H and S officer and prepare H and S plan in accordance with CDM regs.

Comply with landscape architect’s instructions or variations.

Provide appropriate insurances and certificates.

Organise sequence of work and prepare detailed programmed.

Co-ordinate the works of all sub-contractors and suppliers.

Keep a competent person in charge of the works.

Give notice of expected delays and the reasons for them.

Make good any defects.

Pay wages/deductions of income tax of all employees.

Craig Asquith April 2008