Building safety: planning gateway one
Setting out the government's plans to introduce planning gateway one, delivering one of Dame Judith Hackitt's recommendations,
Applies to England
Introduction
1. These documents, which summarise the arrangements for planning gateway one, are being published to support stakeholders and industry (including planning applicants and local planning authorities) to prepare for its implementation in the summer.
Background
2. The government is committed to transforming the regulatory framework for fire safety in response to the Grenfell Tower fire, bringing about the biggest change in building safety for a generation. We will be introducing our Building Safety Bill this year which will establish a new building safety regime in England.
3. As a first step, we will introduce a number of new requirements into the planning system (which we refer to as planning gateway one) by making amendments to The Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended), and an associated instrument. The purpose of the new requirements is to ensure fire safety matters as they relate to land use planning are incorporated at the planning stage for schemes involving a relevant high-rise residential building. Detail on planning gateway one can be found in Annex A. Subject to parliamentary scrutiny we propose to bring the changes into effect from 1 August 2021. The draft statutory provisions are set out in Annex B. They will:
- involve the Health and Safety Executive (HSE) becoming a statutory consultee before permission is granted for development which involves or is likely to involve a high-rise residential building in certain circumstances;
- require relevant applications for planning permission to include a fire statement (on a form published by the Secretary of State, or one to substantially the same effect) to ensure applicants have considered fire safety issues as they relate to land use planning matters (e.g. layout and access); and
- help inform effective decision-making by local planning authorities (or the Secretary of State as the case may be), so that those decisions and the actions that flow from them properly reflect and respond to the needs of the local community.
4. This information summarises the arrangements for planning gateway one to help developers and local planning authorities to prepare for its introduction. Annex C contains a draft of the template fire statement form, and draft associated guidance to the form can be found at Annex D.
5. Government consulted on its reforms in June 2019 in Building a safer future: proposals for reform of the building safety regulatory system, which proposed creating a planning gateway so that before planning permission is granted planning applicants should submit a fire statement and that local planning authorities should consult the fire and rescue authority before granting planning permission, to ensure early consideration of fire safety.
6. The government’s consultation response (A reformed building safety regulatory system: government response to the Building a safer future consultation) was published in April 2020 and set out in detail the government’s plans for bringing about the biggest change in building safety for a generation.
7. Three gateway points will be established which relevant developments/ buildings must go through:
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Planning gateway one: applicants demonstrate that the planning application incorporates thinking on fire safety (where it relates to land use planning). Specialist fire safety expertise is provided to local planning authorities on a statutory basis.
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Gateway two (technical design and construction phase): bolsters the current building control deposit of plans stage with the Building Safety Regulator (BSR) as the only option of building control body for in-scope buildings. A building control application will be required, and this gateway provides a ‘hard stop’ where construction cannot begin until the BSR has approved the building control application.
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Gateway three: (the current building control completion/ final certificate stage): will provide a ‘hard stop’ at which the BSR undertakes final inspections and issues a completion certificate. Prescribed documents and information on the as-built building will be required, and information must be handed over to the person(s) responsible for the building in use (accountable person in occupation).
8. The government set out in its consultation response that all 3 gateway points will apply to relevant multi-occupied residential buildings of 18 metres or more in height, or 7 or more storeys (whichever is reached first).
9. In developing the approach to implementing planning gateway one, we have worked with key stakeholders including the National Fire Chiefs Council (NFCC), Joint Regulators Group, the Home Office and the Health and Safety Executive (HSE). The new legislative requirements, when introduced, will establish HSE as a statutory consultee to provide specialist fire safety advice to local planning authorities. In due course, we expect that role to be fulfilled by the Building Safety Regulator established under the Building Safety Bill.
10. Annex A below explains in more detail how the new legislative requirements are intended to operate. It is our current intention to introduce the necessary secondary legislation shortly, and for it to take effect from 1 August 2021 (subject to parliamentary scrutiny).
Annex A: Planning gateway one information
Introduction
What is planning gateway one?
Following the Grenfell Tower fire on 14 June 2017 the government commissioned the Independent Review of Building Regulations and Fire Safety led by Dame Judith Hackitt. The report highlighted the need to transform the fire and building safety regime and recommended that “some minimum requirements around fire safety will need to be addressed when local planning authorities are determining planning applications and will require input from those with the relevant expertise.”
Government made a commitment in ‘A reformed building safety regulatory system: government response to the ‘Building a Safer Future’ consultation’ to introduce planning gateway one. Planning gateway one has two key elements:
- to require the developer to submit a fire statement setting out fire safety considerations specific to the development with a relevant application for planning permission for development which involves one or more relevant buildings, and
- to establish the Health and Safety Executive as a statutory consultee for relevant planning applications
Why is it being introduced?
The changes will be introduced via secondary legislation, and will help ensure that applicants and decision-makers consider planning issues relevant to fire safety, bringing forward thinking on fire safety matters as they relate to land use planning where development proposals involve a relevant building (e.g. site layout, water supplies for firefighting purposes and access for fire appliances) to the earliest possible stage in the development process and result in better schemes which fully integrate thinking on fire safety.
What type of buildings are “relevant buildings”?
Relevant buildings
- contain two or more dwellings or educational accommodation and
- meet the height condition (18m or more in height, or 7 or more storeys whichever is reached first).
“Dwellings” includes flats and “educational accommodation” means residential accommodation for the use of students at boarding school or in later stages of education (see the definition in article 9A(8)).
It may be necessary to amend these definitions in future to align with arrangements to be made under the Building Safety Bill to deliver gateways two and three, with a view to achieving consistency across all three gateways.
Fire statement
What is the purpose of a fire statement?
Fire statements will support the consideration of information on fire safety matters as they relate to land use planning matters (e.g. layout and access). It is the intention that the information provided within fire statement is focussed and concise, specific and relevant to the development, and proportionate to the scale, type and complexity of the proposal. A fire statement will evidence thinking that fire safety matters, as they relate to planning, have been incorporated into the planning application.
What information must a fire statement contain?
Fire statements must be submitted on a form published by the Secretary of State (or a form to similar effect) (see Annex C) and contain the particulars specified or referred to in the form, which includes information about (not exhaustive list):
- the principles, concepts and approach relating to fire safety that have been applied to each building in the development
- the site layout
- emergency vehicle access and water supplies for firefighting purposes
- what, if any, consultation has been undertaken on issues relating to the fire safety of the development; and what account has been taken of this
- how any policies relating to fire safety in relevant local development documents have been taken into account
The publication of a standard form for this purpose is intended to ensure consistency in the way in which information is provided, as well as ensuring information contained within a fire statement is focused on fire safety matters as they relate to land use planning.
Should a fire statement include information for the whole site or just certain buildings?
As many fire safety matters relevant to land use planning impact on the external layout of a site, including the spaces between buildings, fire statements will be required to include information on the entire development as set out on the plan which identifies the land to which the application relates which has to be submitted with the application.
How are fire statements different from the requirements of building regulations or the Fire Safety Order?
The fire safety matters contained in a fire statement are relevant only to the extent they are relevant to land use planning. The level of detail and focus of information should not contain the breadth and depth of information on fire safety which will be submitted at building control application stage. Requirements of the fire statement at planning stage will not duplicate or require compliance with the building regulations or the Fire Safety Order, and local planning authorities will not be responsible for any building regulation matters or the enforcement of building control requirements.
Applications
In what circumstances must a fire statement by submitted with an application?
An application for planning permission for development which involves
- the provision of one or more relevant buildings, or
- development of an existing relevant building
- or development within the curtilage of a relevant building
must be accompanied by a fire statement unless an exemption applies.
What are the exemptions to the requirement to submit a fire statement with an application for permission?
Applications for planning permission will be exempt from the requirement to submit a fire statement where:
- the application is for a material change in use of a relevant building and the material change of use would result in the building no longer being a relevant building
- the application is for a material change in use of land or buildings within the curtilage of a relevant building
- the application is for outline planning permission
- the application is for permission to develop land without compliance with conditions under section 73 of the Town and Country Planning Act 1990
Applications for outline planning permission will be exempt from the requirement to submit a fire statement because matters such as layout and scale can be reserved.
Is a fire statement required for a change of use application?
Applications for permission for a material change of use of land or buildings will require a fire statement unless the application is for
- a material change in use of a relevant building and the material change of use would result in the building no longer being a relevant building
- a material change in use of land or buildings within the curtilage of a relevant building
Consultation
Should an applicant consult HSE before submitting an application?
Early and timely engagement between developers and statutory consultees at the pre-application phase is important in helping to address issues and opportunities early on and avoid delays occurring after an application has been submitted.
When must a local planning authority consult HSE?
A local planning authority will be required to consult HSE before granting planning permission for
- development which will involve or is likely to involve the provision of a relevant building
- development of an existing relevant building except where the development consists of a material change in use of a relevant building which would result in the building no longer being a relevant building
- development within the curtilage of a relevant building except in the case of development consisting of a material change in use of land or buildings within the curtilage of the building
A local planning authority must consult HSE on fire safety before granting permission to develop land without compliance with conditions if the authority considers it appropriate to do so (see Article 20 of the Town and Country Planning (Development Management Procedure) (England) Order 2015).
What are the responsibilities of HSE as a statutory consultee?
Guidance on the role and responsibilities of statutory consultees is set out in the planning practice guidance.
Other matters
Should fire statements be included in the Planning Register?
Local planning authorities will be required to place a fire statement submitted with an application for planning permission on Part 2 of the Planning Register. Inclusion in Part 2 of the Planning Register is only required where such a fire statement is submitted to meet the statutory requirements.
Does planning gateway one apply to schemes utilising a Permitted Development Right?
MHCLG intend to introduce a fire safety prior approval for residential accommodation, that is being delivered under the permitted development regime, and is in scope of planning gateway one.
