To begin with, researching the relevant legal body responsible for the jurisdiction of the property is necessary before proposing a change of use. To achieve this, a full planning proposal needs to be submitted, including architectural plans, such as an ordinance survey site location plan, to the appropriate planning authority. It is important to consider any covenants mentioned in the property's title deed that might impede the legal proposal for the change of use.

Part (b)

As the proposed change in use is situated within a conservation area, a planning application must be filed before any construction work can commence. Trees within the conservation area must be protected, and a Tree Preservation Order needs to be obtained before any work is conducted.

Question 02

Clause 2.4.1 of the JCT SBC 2016 contract acknowledges the Contract Administrator's (CA) authority to issue directives to the parties involved. The Health and Safety at Work Act of 1974 holds both the employer and contractor accountable for ensuring the health and safety of workers on site. The recent instruction given by the CA to authenticate CSCS cardholder registration of all workers is entirely justified. CSCS cards guarantee that the contractors on site adhere to the relevant health and safety standards established after taking the test. The directive aims to ensure that only individuals with the required skill set and obedience to health and safety regulations are present. Quickbuck, being the contractor, is expected to comply with the CA's instruction. Any alterations to the contract, as per Clause 2.9 of the JCT SBC 2016 contract, require written permission from the Contract Administrator, even if no extra charges are levied. Failure to obtain such consent could result in a breach of the contractual guidelines. Quickbuck should have sought written permission from the CA before using the more expensive blocks, even though no additional fees were incurred.

According to Clause 3.2 of the JCT SBC 2016 contract, the contractor is responsible for fulfilling their obligations, while the CA works towards protecting the employer's interests. Therefore, if the client objects to finding an alternative method of doing the brickwork, their objections could be rightfully opposed. The client retains the freedom to raise concerns about the quality of work standards and the hiring of subcontractors. However, the contractor believes they have complete control over the job. Specific contractual clauses and the CA's territorial authority determine the final result. If the CA's objections are justified, supported by authentic evidence, and can impact craftsmanship, they may intervene and suggest using a different subcontractor.

Question 03

Change of use proposals are common…

References