Development Checklist Jaefoo-Blog: Development Checklist No 14 - Contamination of Lan...

Development Checklist Jaefoo-Blog: Development Checklist No 14 - Contamination of Lan...: Once a site has been found its suitability regarding contamination may have to be ascertained. [ Please Note: This is a first-stab post on a...

Development Checklist No 14 - Contamination of Land and Buildings

Once a site has been found its suitability regarding contamination may have to be ascertained. [Please Note: This is a first-stab post on a complex topic involving:   desk and site investigations, liability under a duty of care, statutory remediation processes etc.]

The post identifies some of the  pointers  on contamination which may affect the site's efficacy for the developer's / owner's objectives.

Check 1: Contamination Desk Study: Has any  desk study been done? If affirmed, did it reveal any evidence that suggests the land or buildings are contaminated?. Such evidence may include:

• documents suggesting a history of previous contaminative uses;  
• reports of previous works to combat pollution on the site:
• invoices etc showing contractors were used to remedy contamination;
• a local authority remediation notice.

Check 2: Contamination Site Survey:  Has any site survey been done? If affirmed did it reveal evidence that suggests the land or buildings are contaminated? Such evidence may include:

• discolouration of surface materials;
• dead or dying flora or fauna or unnatural absence of the any natural growth etc;
• sampling or boring cores which show the presence of pollutants;
• evidence of works to remedy contamination.

Check 3: Pollutant's Path:  Ascertain whether any contamination's pollutant's pathway  has been determined from the evidence and whether there is the prospect that any receptor(s) will be harmed.

Check 4: Polluter Pays:  Ascertain whether any polluter, eg owner / occupier of adjoining land,  has been found and whether liability to pay  for remediation has been agreed.

Check 5: Insurer Pays:  If the polluter has been discovered, ascertain whether their insurer is liable under a valid insurance policy. 

Check 6 Owner Pays:  If no historic polluter has been discovered, the landowner is liable unless liabilty can be transfer to the owner's insurer under a valid indemnity policy

Check 7: Remediation Notice: See whether any issued remediation notice has been complied with and, if necessary, confirm that the works are sound.

Development Checklist No12 Waste Management

Waste is endemic in demolition, construction and building but good site management can make improvements happen.  There is good potential for recycling of demolition debris and other waste from site operations during the building process. Statutory Checks include the following:

Checklist 12.1:    Asbestos Removal Plan: Hazardous waste  which is asbestos should be removed under safe conditions in accord with the owner's / occupier's, etc asbestos removal plan (ARP). Matters to be covered include:

• Check 1: An awareness is created of the duty of care to protect members of the public, employees and contractor's employees;
• Check 2:  Safe working and conditions are managed, including:  a) protective clothing for workers; b) works of removal; b) storage; c) transporation: and, d) disposal destination; and,
• Check 3:  Carriers, disposal site operators, and scrap metal dealers have licences to operate.

Check 12.2: Hazardous waste: Waste which is hazardous should be handled, removed and finally disposed of in accord with the Hazardous Waste Regulations 2005 SI No 894 (as amended).

Check 12.3: Scrap Metal: Follow the progress of the Scrap Metal Dealers (Amendment) Bill (2011-2012).  If Royal Assent is granted scrap metal must not be bought for cash by scrap metal dealers.

Check 12.4:  SWMPs:    If the project is worth the prescribed amount ensure compliance with the Site Waste Management Plans 2008 SI 2008 No 341.

Development Checklist No11 - Practical Building and Construction Pointers (Update No 2 - 21 October 2011)

This post makes a modest start on what is likely to be a long list of Checks required of the participants in many types of building and construction jobs.
As yet no comprehensive attempt has been made to categorise them or go into detail - they appear in alphabetical order but this may be altered shortly.  The intention is to offer a series of pointers to investigation or action. Some cross references are given to other Checklists where more detail is given.

Access to Adoining Land: Check for any need to have access to one or more neighbours' adjoining land for maintemance, building or construction purposes - the following may be noted:

• rights of access under some existing Deed or Agreement may be available;
• for maintenance, the provisions of the Access to Neighbouring Land Act 1996 may apply; and,
• it may be possible to negotiate for access to enable.

Archaeological

• Human Remains (see below)
• Remains:
• Survey:

Asbestos:

• Check 1  (in respect of an existing commercial, etc building or structure), for an asbestos management plan drawn up by the owner / occupier.
• Check 2 that the plan has been maintained or updated.
• Check 3 ensure employees and managers are aware of the plan and have protective clothing etc;
• Check 4 Site waste management plan (SWMP) cover asbestos waste carying and disposal otherwise ensure compliance with statutory and other official requirements

Building controls:   Check standards, procedures and practice under the Building Act, building regulations, approved documents, etc.

Cables, pipes and other utilities: The site owner may need to supply a plan showing the location of electricity cables and any overground support installations, gas pipes, telephone cables and other like service or utility apparatus. Where appropriate such infrastructure should be

• indicated as switched off, "live" or "dead"; and,
• appropriately protected and made safe.

Commencement: Check where certain kinds of building, construction, demolition and other operations trigger the commencement of "development" - for which prior planning permission and possibly other consents etc are required.

• See Checklists No 10 and 8 for CIL

Completion: Check for "completion" of the construction. Formal completion will trigger the following:

• local taxation - council tax and / or business rates (see Checklist No 6 Local Taxation) ;
• commissioning and hence occupation of the building, etc.

Demolition: Check prior to entering into any demolition contract whether:

• for issues like a) listed building, b) conservation area, c) etc;
• prior planning permission is needed before commencement;
• a cables etc plan has been prepared;
• an asbestos management plan is to hand;
• a site waste management plan (SWMP) is needed.

Disability discrimination:  

Drains and sewers: Check the procedure for notification of any intended building over sewers or drains. 

Environmental impact: Check whether the projects will require an environmental impact statement.

Fire certification: 

Human remains: The discovery  of human on a site will require notifications to the police, coroner and, possibly, the local archaeological service.

Light: Check at the design stage of the project that any neighbour's right to light is not breached.

Natural rights:

Party walls: Building on or near a wall to adjoining property may require compliance with the Party Wall Act 2004.

Possession of land and buildings:  Where a property is occupied developer-landlords will need to obtain possession of the property from tenants / lessees. The approaches are:

• Statutory possession  In many if not most instances compliance with relevant statutory requirements for achieving vacant possession must be followed.
• Agreement:  Where a statutory approach is not available or is likely to be abortive, it may be possible to agree financial terms to buy out the tenant or lessee.

Radon: The naturally occuring but dangerous gas, radon, may seep into basements or other enclosed rooms, precautions should be taken to seal, or build in ventilation to new projects. 

Restrictive Covenants: May impact on scope of, or prevent development unless removed or modified

Servitudes etc: Check (preferably prior to contracting to buy land and buildings) that neighbours do not hold rights which might affected, cause delay or cause the project to be aborted at a later stage. Pointers include:

• Easements:
• Natural rights:
• Restrictive covenants:

Sewers:  see Drains and sewers:

Treasure: 

• Check 1 The local office is notified of any finds during site works of "treasure" (as defined in the Treasure Act 1996).

Waste:

• Check 1  Where required ensure site waste management plan (SWMP) is in place: otherwise plan to minimise on-site waste.
• Check 2  Ensure that waste carriers are licensed.
• Check 3 Ensure compliance with asbestos and other hazardous waste regulations.

Development Checklist No 10 - Community Infrastructure Levy and Section 106 Agreements

Check 10.1: Adoption: Check whether the local authority has adopted community infrastructure levy (CIL) or is likely to have done so by the time your project is due to commence after obtaining planning permission.

Check 10.2: Rates of charge:  If it has or will, find the rate(s) of charge that apply to one or more of the different type(s) of development within your project.

Check 10.3: Commencement of Project: If CIL is not yet operational in the area, check whether it is possible to reduce or avoid  CIL by starting the project or a phase of it before the tax commences to operate.

Check 10.4:  Budget:  Where CIL will be chargeable, account for its payment(s) in the cash flow budget etc.

Check 10.5: Section 106 Agreement:   Where CIL is not adopted by the local authority, check whether any payment or other obligation will arise under a Section 106 Agreement. 

[Please note: Even where CIL has been adopted, site-specific planning obligations may arise under a Section 106 Agreement.]  

Check 10.6:  London Levy: Check for a project in London whether the Mayor's "CIL tariff"  will apply.

Check 10.7: Other Tariffs:   Where CIL does not yet apply check whether any other kind of tariff or levy applies to your project.

Check 10.8:  Exemptions:  Check whether your project is eligible for any CIL exemptions and reliefs.

Exemptions and Reliefs:

• Rebuild of Premises: A project which is a rebuilding of equal or less size than the original should not result in a charge to CIL. Following planning permission the commencement of a rebuild which is more than 110 percent of the original premises may give rise to a charge.

Development Checklist No9 - Trees, Plants, Vegetation and etc

Check 9.1: Check the site and buildings for harmful vegetation and other natural growth.

Check 9.2: Review the above findings in terms of statutory requirements and other management policies.

Check 9.3: Develop a management action plan to deal with issues arising from the above. 

1. High Hedgerows:    Certain overgrown evergreen hedgerows may be designated by the local authority as high hedgerows and the developer/occupier/owner of the dwelling must reduce their height to 2 metres.
2. Japanese Knotweed:  Japanese knotweed is a vigorous invasive plant capable of growing through concrete and other hard surfaces. Prior to development of land every trace must be removed. It is a notifiable under the XXXX and removal from land is strictly controlled.
3. Important Hedgerows:    Certain hedgerows are described as important hedgerows and must not be uprooted by the developer/owner/occupier without the consent of the local authority.
4. Trees:   Trees at a boundary may be the cause of problems with neighbours. Developers might usefully consider the impact on neighbours of existing trees or of planned new planting. Issues include:  a) damage to boundary markers by branches or roots, b) overhanging or falling branches. c) damage to buildings  and drains by roots.   
   
5. Weeds: Certain weeds are controlled under the Weeds Act 1959.


6. Tree Preservation - Planning legislation enables the local planning authority (LPA)to protect certain trees by a tree preservation order. Any  works to a preserved tree must be formally authorised by the consent of the LPA.

Development Checklist No 8 - Insurances (Update 1 - 19 October 2011)

Check 8.1:  Identify the risks that the project faces and how they should be eliminated or 
mitigated by management policy or insurance.

Check 8.2: Review the need for insurances, particularly statutory and contractural, and develop management action policies for meeting risks . 

Check 8.3: Identify statutory insurances and ensure compliance by each party concerned and that the cover is adequate.

Check 8.4: Identify contractural insurances and ensure each party complies with the terms and conditiona and has adequate cover.

Check 8.5: Review Checklist 10 for the exemption from community infrastructure levy (CIL) where on a rebuild after damage or destruction there is a modest increase in size of a building.

Typical insurances found in development works include:

Statutory Insurances

       General:

• Employer's Liability:
• Motoring:

        Property:

• Airports: Owners or operators require cover to protect the customers, staff and third parties against loss or injury which is due to a failure in the owner’s or operator’s duty of care.
• Horse Riding Establishment: A duty to insure under the Riding Establishments Acts 1964 s 1 (4A), is required of the licence holder to cover customers, eg hirers or persons learning, and third parties (suffering injury from the proprietor or a customer).
• Nuclear Installations - Nuclear Installations Act 1965 s19 requires insurance or compensation cover of the licence holder of a nuclear installation, eg a power station generating electricity by a nuclear reactor.

Contractual:

• Land and buildings etc, exchange of contracts: The purchaser of land and buildings is advised to insure from the date of contract.
• Goods:
• Professional services:
• Trade services: Contacts for demolition, building, fencing, security, etc works will normally cover such matters as contractor's all risks, public liability, etc.

Other:

• Keyman:
• Membership of a profession or trade body: Professional bodies such as the RIBA, RICSand the RTPI require its members to carry cover for professional indemnity insurance (PII).

Development Checklist No 7 - Capital Allowances Update 2 (21 October 2011)

Check 7.1: Check whether the development or project  is of compliant in respect of one or more conditions or caveats applicable to a particular capital allowance. The conditions include the likes of the following:

• it is a building of a particular type;
• it is located where a particular allowance is available;
• the "timing" of the project fits the scheme of the allowance;
• it is a fixture in or integral feature of a building used for business; and,
• it complies with other conditions for a particular allowance.

Check 7.2: Check the at an early stage of the project, eg at the design stage, that expenditures can be identified as capital expenditures and whether an allowance is available.

Check 7.3: Ensure that the appropriate records are made for tax calculations, etc.

 Fit
If any "fit" under the Checks above is obtained, the capital expenditure can be "annualised" as a capital allowance and hence be used to reduced net taxable income for income tax purposes. In some instances the cost of works may be "splittable" into:

1. revenue expenditure (allowable as a whole); and,
2. capital expenditure which may be further split into a)that treated as a capital allowance allowable and b) "pure" capital expenditure.

The last item [2(b)] should be recorded as capital expenditure - it may then be used in any calculation for capital gains tax  on any future disposal of the building.

Most of these matters will be covered in detail by the accountant, lawyer or specialist professioanl surveyor.

Availability
When applicable capital allowances are normally available in respect of business premises, and of  property held by an investor. They include the following:

• Business Premises Renovation: In a "disadvantaged area" capital allowances may be claimed for expenditure on works of renovation to  business premises. A number of conditions must be confirmed before the allowance is given. It is due to end in 2012!
• Flats: Where flats are installed by converting upper floors above shops and other commercial ground floors in buildings, the expenditure  is available for capital allowances. Many conditions apply!
• Integral Features to Buildings: Capital allowances may be claimable in respect of expenditure on certain features regarded as integral to business buildings, eg a cold water system. A number of such features are listed; again conditiona apply!
• Plant and Machinery: For buildings used for business purposes a substantial number of certain types of plant and machinery installed into them may result in the cost being allowable (the buildings do not include residential investments). 
• Thermal insulation; Expediture on thermal insulation installed in an existing business property, such as industrial buildings, offices, and shops,  is available for a capital allowance. 

Development Process:

• Property acquisition: Check when building is purchased on the availability of any unused capital allowances hitherto available to the vendor.
• Design:  Check that at the design stage the best options for capture of capital allowances are considered and, if appropriate, adopted.
• Finance and funding: Check that the construction records and accounting systems "pick up"  records of:   a) revenue expenditures on repairs and maintenance; b) capital expenditures on new build and improvements, c) apportionments of appropriate expenditures, ie between repairs and improvment [Please note this is for purposes of income taxation. capital gains taxation and capital allowances.]

Development Checklist No 5 - Income Taxation No1 Developer's / Owner's Objectives (Update 1 13 October 2011)

Check 5.1  Check the owner's / developer's objectives so as to become aware of any income taxation implications and hence prepare compliance activities if appropriate.

Check 5.2 Check all development expenditures and become aware of the differences in tax treatment for capital expenditure and revenue expenditure.

Check 5.3 Check capital expenditure for capital allowances. Some capital expenditures may be annualised as capital allowances and taken off net income in income taxation calculations.

Objectives
Checklist 1A examined the objectives of the owner/developer of land  or land and buildings. This checklist (No 5) reviews the income taxation implications of those with various objectives. Generally, a landed property is regarded as a capital asset. If appropriate capital gain tax will arise on a disposal or part disposal. However, the landed property of a dealer in landed property is regarded as "stock-in-trade". Thus, if a dealer brings a capital asset into stock, a tax adjustments may be required.

Compliance
The owner / developer will normally be advised on statutory compliance for specialist taxation purposes by professional advisors, eg accountant, solicitor or surveyor.

Residential : Generally the owner / developer of residential property for his or her own occupation is not liable to income taxation on their occupation. If part of the owner-occupied property is let or a business is conducted a liability to income tax may arise. Possibilities include:

• Accommodation is let - a liability to income tax on the net income arises - but it may be given relief under the "rent-a-room" provisions. There is a requirement to notify HMRC in the annual tax return.
• Bed and breakfast business is conducted at the dwelling liability arises on the net income. Again the income should be declared.
• Some business or artistic enterprise is conducted, eg writing, painting, sculpture, or on-line sales, resulting in income taxation on the net income. (Working for an employer from home would not normally result in income tax other than normal income tax on salary or wages.) 

Business : Net profits from a business conducted in a shop, workshop, showroom etc will be liable to income taxation. Any rent or premium paid for the property will be allowed in some way as business outlay or expense.

Dealing : Buying and selling property for profit will result in the net profits from the dealing in property to be liable to income taxation.

Investment : Net rental income from letting property (an investment in property) is liable to income taxation.

Objective: Generally,property occupied for charitable or public purposes will not be liable to income taxation.

Functional : Where property is owned by a utility as a business, eg a private sector company, the business will be treated as business for income taxation purposes.

Please note: "Income taxation" cover income tax or corporation tax. One or other of these two will be charged according to whether the "person" is an individual or an "organisation".

Development Checklist No 6 - Local Taxation No 1 - Council Tax

Generally developers of houses and other dwellings are active in the following kinds of development opportunities:

1. developing greenfield or brownfield sites with houses and flats;
2. carrying out regeneration projects involving new dwellings or upgrading existing houses, etc;
3. carrying out major reconstructions of commercial and industrial buildings;
4. converting existing dwellings into one or more flats or apartments; and,
5. putting flats or maisonettes into the vacant upper floors of high street retail premises.

Either the developer or the occupier (or owner) of each completed dwelling will become liable for council tax at some date.

Demand for Council Tax
A developer of one or more unoccupied completed dwellings must comply with any proper demand issued by the billing authority for the payment of council tax (unless the dwelling is occupied or disposed of to a third party).

Completion Notice Trigger
The Local Government Finance Acts 1988 (schedule 4A) and 1992 (section 17) provide the mandatory statutory requirements to initiate:

1.  the procedure whereby dwelling(s) are entered upon the valuation list; and.
2.  the payment of council tax.

The billing authority will issue a completion notice which states the date when the authority reasonably expects the building to be completed. 

Council tax becomes payable on the date which is the earlier of:

• the first date of occupation of the dwelling; and
• three months after the completion notice.

Development Checklist No 13 - Owner's/Developer's Objectives for holding Land (Update 1- 23 October 2011)

Check 13.1:    Establish an awareness of the developer'e / landowner's objective(s) in owning land.

A person (owner/developer) holds an estate in land with a particular objective in mind; perhaps even more than one objective. The prime objectives are categorised below. (Here a "person" is an individual or organisation with legal personality, such as a company, a trust, or a partnership.)

The importance of the objective of a person in holding property lies in the statutory regime which affects such ownership. For instance, dealers in land, eg housebuilders, are treated differently for taxation purposes than say, a housing association holding dwellings to let. (See Checklist 15 Captial Taxation and Income Taxation.)


Objectives of Land Ownership:

Residential - a person acquires a dwelling or develops land as a dwelling for personal use. 


Business - a person acquires or creates business premises from which to run a business (retail, manufacturing, service provider etc,) for commercial profit.

Investment - the owner buys property or develops land with the intention of letting it for rent or rent and premium.

Dealing - a person buys a property or develops land with the intention of reselling for commercial profit.

Recreational - person buys or creates a property for personal recreational use.

Objective - a person buys or develops property for altruistic reasons, a charity's orphanage.

Functional - a person holds or creates the property so as to provide a function to support or protect other land, eg holdings of government departments such as the Defence Estate or a local authority estate. On privatisation, towards the end of the 20th Century many functional holdings transferred into private sector to come within the business objective.

Development Checklist No 4 - Planning - Needed or Not...? (Update 1 - 12 October 2011)

Checklist No 3 has pinpointed such matters as designated areas and affected buildings. This checklist reviews the mandatory aspects of getting planning permission for development, ie after such as matters which do not require planning permission have been dealt with, ie covering the likes of:

Checklist 4A - Planning Permission not Needed

This section is a check to ensure that planning permission is not needed for a particular operation, building works or change of use. A check is needed to consider whether the "project" is one of the following:

• works etc which are not development within the definition of development;
• permitted development within the General Development Order;
• change of use within a class of the Use Classes Order.

Normally they will not require an application but there are exceptions.

Checlist 4B - Planning Permission
Having established that a proposal will most likely need planning permission, certain practice and statutory requirements may need to be fulfilled, including:

Planning History

Planning Application

Certificates of Land Ownership

Demolition:  Depending upon the circumstances demolition of the whole or part of a building or structure may require:

• planning permission;
• listed building consent: or
• conservation order consent..

Environmental Impact Assessment and Statement
Projects are categorised as being Schedule 1 and Schedule 2 (see SI XXXXXXX). If they have a significant impact on the environment a planning application must be accompanied with an environmental statement. 

Energy

Sustainability

Transport

Development Checklist No 3 - Consents etc in certain Designated eg Areas, Buildings, etc (Update 2 - 17 October 2011)

Check 3.1 Check that the land or project is not affected by any of the designated areas, buildings etc listed below.
[Please Note The list is a partial list which will be amended and added to shortly.]

Generally, planning permission for development or other works will either be refused or granted subject to conditions which are imposed to protect the heritage asset, area etc.

1. Ancient Monument: An ancient monument is protected.
2. Area of Archaeological Importance - Ancient Monuments and Archaeological Areas Act 1979 designates certain areas as such by order of a minister etc. Any intended development operations etc which disturb the ground requires an operations order from the local authority. The process usually results in an archaeological dig etc. 
3. Common Land - Commons Act 2006 section 38 - requires the consent of the Secretary of State (Planning Inspectorate) for development or works on common land.  Certain works are exempt from this requirement. [This is in addition to any planning permission or development consent which may be required.
4. Conservation Area - Planning legislation requires conservation area consent for development or works in a conservation area. There are certain exceptions.
5. Hedgerows - 5.1 Certain hedgerows are described as important hedgerows and must not be uprooted without the consent of the local authority. 5.2 Certain overgrown evergreen hedgerows may be designated by the local authority as high hedgerows and the occupier/owner of the dwelling must reduce their height to 2 metres.
6. Listed Buildings - Planning legislation requires listed building consent for certain development or works to a listed building, ie one listed as architecturally or historically significant.
7. Tree Preservation - Planning legislation enables the local planning authority (LPA)to protect certain trees by a tree preservation order. Any  works to a preserved tree must be formally authorised by the consent of the LPA.
8. Village and Town Greens: A registered village or town green is protected from development proposals. 
9. Village or Town Greens (in Prospect) - Land may become registerable as a village or town green, particularly where it has been used as of right by local inhabitants for 20 or more years for lawful sports or pastimes. A developer may find that such actions as: a) fencing off the land, b) putting up "keep out" signs, or c) applying for planning permission will not prevent registration.

[Please note: Today is the last day of a government consultation on proposals for changes to the law on prospective village and town greens. If the changes were to be introduced it will virtually end the procedures indicated above!]

Development Checklist No 2- Licences, Consents, etc for Trade Premises

This checklist is put in at the beginning and will be updated as new information becomes available. It covers the statutory consent(s), obligations, etc (by type source, etc) needed by the business proprietor for a particular trade. In some instances the proprietor will have or will be having premises which may require several statutory consents,etc to trade, eg a supermarket. [Please note: This post does not consider planning requirements.]

The client will either obtain the requisite consent, licence, etc  or should be advised on need for the consent etc being obtained. So of course, the development's project/estate manager will / may not be concerned to obtain the consent but the development may be held up or stopped if the relevant consents, etc are not going to be available or be forthcoming in due course.

Check 1: Identify the statutory consents, etc likely to be required and check that:

1. they have been obtained;
2. the proprietor's informal enquires indicate that they will be forthcoming;
3. there is no known impediment to them being obtained.

In most instances this will be for the client as a matter of commercial judgement but if there is any doubt, check you may wish to check that you should proceed to the next stage of the development.

The following list is in alphabetical order.

Betting Shop, Track or Trading Room  - two kinds of licence are required, namely:

• Operating Licence  a person intending to eventually operate such premises (either existing or to be developed) must have an operating licence from the Gambling Commission.
• Premises Licence to Operate (or Provisional Statement)

      Once the licence to operate has been obtained the person must obtain either a premises licence or a    provisional statement.

1. a person intending to operate from existing premises must have a premises licence to operate which is obtainable from the local licensing authority, or
2. where development or major works are required a person must obtain a provisional statement for the premises which is obtainable from the local licensing authority.

For the property professional the important "go-ahead" documents are  the licence to operate and the provisional statement. It should be noted however that there are notifications etc which must be made within seven (7) days of  applying for a premises licence or provisional statement, namely:

• child protection service;
• environmental health service;
• fire and rescue service;
• Gambling Commission;
• Her Majesty's Revenue and Customs;
• police.

(See: http://www.gamblingcommission.gov.uk/gambling_sectors/betting/getting_a_licence_what_you_ne/applying_for_a_licence_-_betti/apply_for_a_premises_licence.aspx

Bingo Hall - A person wanting to operate a bingo hall requires (in order of precedence);

1. firstly, an operating licence from the Gambling Commission;
2. secondly, a premises licence (or provisional ststement) from the local licensing authority.

The approach is similar to that outlined above for Betting Shops.
(See: http://www.gamblingcommission.gov.uk/gambling_sectors/bingo/getting_a_licence_what_you_nee/applying_for_a_licence_-_bingo/apply_for_a_premises_licence.aspx )
Casino - A casino premises licence (CPL) is required according to the casino's proposed size and location. A CPL is obtained from one of 16 named local licensing authority but each named area is only allowed one casino. Half of the areas are allowed large casinos: the rest are allowed small casinos.
(See various pages on the Gambling Commission website including:   http://www.gamblingcommission.gov.uk/gambling_sectors/casinos.aspx )

Nuclear Site - A site for a nuclear power station requires a licence from the Health & Safety Executive to enable its lawful development.
(See :    http://www.hse.gov.uk/newreactors/ngn02.pdf )

Off-licence - Local authorities issue licences for off-licences.

Petrol Filling Station - Petroleum Consolidation Act 1928 (as amended) requires that a petroleum licence be obtained the local licensing authority (Fire and Rescue Service. There is extensive legislation affecting such premises when in operation - covering such matters as:

• Control of Substances Hazardous to Health Regulations 1999;
• Health and Safety;
• Risk assessment, eg control of explosion; 
• Staff training; 

Public Houses - Local authorities issue licences for public houses.

Horse Riding Establishments - Riding Establishments Act 1964 requires that a person must have a licence to keep a riding establishment. Such licences are issued by the local authority. (see section 6 for interpretation.)

Track Room - see Betting Shop

Trading Room - see Betting Shop

 Zoo - Zoo Licensing Act 1981 (as amended) section 1 makes it unlawful to operate a zoo without a licence from the local authority. An application is made under section 2.

The list is not yet extensive  and details of the statute, the subject matter, issuing authority etc is being to be added from time to time!

Development Checklist No 1 - List of Checklists - Development Process - Update 4 (4 April 2012)

LIST OF CHECKLISTS
Checklist No1 - covers the nature of the development process - esssentially in its stages from inception to completion and hence into commissioning and operations. The latter two will consider refurbishments etc,

Checklist 1B - examines the objectives of land ownership.

Checklist No2 - covers consents, licences etc which a person needs in order to operate a particular kind of trade or business. It does not cover property or development requirements as such.

Checklist No3 - covers requirements  which may arise as a result of some designation affecting:

• the area where the development or work is to be located, eg conservation area;
• the building, eg a listing.

Checklist No 4 - Considers aspects of planning.

Checklist No 5 - Income tax and owner's objectives is examined.

Checklist No 6 - Council tax and business rates as they fit into development process is highlighted.

Checklist No 7 - Examines aspects of capital allowances.

Checklist No 8 - Insurances

Checklist No 9 - Trees, Plants, Vegetation and etc

Checklist No 10 - Community Infrastructure levy and Section 106 Agreements

Checklist No 11 - Practical Building and Construction Points

Checklist No 12 - Waste Management

Checklist No 14 - Contamination of Land and Buildings

Each checklist on "Development Checklist Jaefoo-Blog" will be as comprehensive as I can make it and updated as investigations proceed. But always bear in mind that it will never be complete or updated in time for your current development job! Nevertheless, I hope that with all of you helping this Blog and my other Blogs will help you to meet all the relevant statutory requirements.

However, in addition to statutory requirements I shall include relevant requirements for good "estate management" and good "project management". In some ways these require good self-awareness and practices, eg personal time management.

DEVELOPMENT PROCESS
I shall need to more fully develop a taxonomy of development factors and will take a simplified "development process"  as a starting point, namely:

• objectives of the owner/developer (Checklist 1B);
• idea for a development and initiation of a marketing mix (Checklist No1);
• site identification (Checklist No 3)
• acquisition of land (Checklists Nos 3 and 7);
• design, plans and specification: (Checklist 7);
• cost studies: (Checklist 7)
• planning documentation and application (Checklists Nos 2 and 4);
• construction and building procurement process;
• commissioning: (Consider Checklist No5)
• handover or marketing for sale or letting; and,
• on-going management.