Posted By Richard Webber
Local Authority Planners make decisions that can fundamentaly affect the size and orientation of building footprints. This in turn can seriously affect the safety of the people who are building the structure and of the general public.
The position of the access onto site, vehical delivery routes, unloading points, lifting/craneage positions, position of welfare and site set-up etc can all be significantly affected by the planners decisions.
Although it would seem that Local Authority Planners are not covered by CDM they are involved in "setting the scene". Are they subject to other controls, for instance a Code of Practice for Planners giving guidance in the area of construction safety?

All future Government construction schemes will be expected to exemplify good practice.
When this Government initiative fully kicks in to reduce construction injury and death will Local Authority Planners be included?

Posted By peter gotch
Arguably planners will be liable under Section 3 of HSWA as their decisions may impact on the health and safety of those on the site and/or members of the public.

There is case law in this area eg in relation to the liabilities of Building Control and HSE inspectors.

Unfortunately the case law is somewhat contradictory!

Regards, Peter

Posted By Stuart Nagle
Richard.

Local Authority Planning Officers undertake their role and duties in accordance with various 'best practice' codes, and are required to liase with other professional officers, i.e. highways engineers, for such items as vehicle access ect.

There are guides on these issues and requirements published by Local Government Associations, bodies,and professional institutions, and obviously, legilsation is applicable to much of the decision making process. this may include, for example;

The Highways Act
The New Roads and Street Works Act
Various Planning Acts
Building Control Regulations, ect.

health and safety legislation and it's requirements, such as The health and safety at Work Act, do have an effect, but in saying this, this applies equally to all persons who plan and design the structures for submission to the planning authorities in the first place, and CDM as well has a direct and legal affect on these persons.

They should be designing structures that comply, so far as is reasonably practicable, with the relevant requirements of the above Acts (and others) ect, to ensure that the structures, or their respective position in regard to existing infrastructure meets the required planning restrictions, if any exist, or as the case may be.

Simply to suggest that planners and in retrospect, building control and other officers (i.e highways engineers) have acted in a manner that would deliberately affect the safety and health of the builders of the structures or other persons should be considered in the context of the legal and professional duties of all contributors, not just Local Government officers.

Building structures involves considerable knowledge and skills, and by definition, necessarilly involves very many professionals, as can be seen from the above.

I would argue, rather than the planners being in the hot seat, it is those architects and designers who bear the greater burden of responsibility here, to represent their clients interests and design buldings in cooperation with planners rather than in conflict, and to ensure compliance with codes, legislation and regulations, rather than suggest it is all the planners fault!!

Stuart Nagle