Posted By Sam Rawcliffe Steve Firstly, it is pleasing to see that somewhere designers are being made to unserstand the foreseeable consequences of their designs under the CDM Regs. However, as I understand it, a conservation area is an area which the Council considers to be of special architectural or historical interest, the character or appearance of which it is desirable to preserve or enhance. Local Authorities therefore, can apply rules that new buildings are designated to be in sympathy with the established character of the area. The choice of materials and the detailed design of building features are vital elements in ensuring that new development is appropriate to a conservation area and planning permission could be refused on these grounds. I would therfore try and work with the council to achieve a compromise using your arguement of CDM regs and perhaps they'll allow you to use 'wood-effect' UPVC. Speak to suppliers they may be able to help. Regards Sam Rawcliffe

Posted By Martyn Hendrie My understanding is that local autorities when setting planning conditions (in compliance with planning regulations) are not considered to be "designers" under the CDM regulations. Therefore would not have duties under CDM. I recall that this is specifically mentioned in the CDM Approved Code of Practice, but don't have access to my copy at the moment to quote chapter and verse. Your LA safety adviser may be able to help

Posted By Ron Hunter I support the view that such detailed stipulations do constititute an influencing of design, and therefore the role of Designer may be applied.It may be some consolation to consider that the issue may be merely one of maintenance and cleaning frequency? Even pvc soffits and any window will need maintaining and cleaning at some stage, and there will be an overarching duty on the Project Lead Designer to consider safe access anyway? Thought I'd throw in another issue which Planners might want to chew on: An HSE Inspector has raised concerns with us (a Scottish LA) that Planners have placed conditions on developers of new housing developments requiring them to alter the traffic routes to / the size of their site compounds etc as houses are let or sold, which has led to the developer having difficulty in complying with the Construction (Health, Safety & Welfare) Regulations. A bit of a 'two-way street' I know, but there may be developers out there who would suggest that the Planning Authority had caused them to be in breach, and might 'invite' them to be part of any proceedings?

Posted By peter gotch Steven, Looking at your email address, methinks that some local HSE Inspector is trying to do a one man band "safety in design" initiative as one of our clients within your local HSE office's patch has been targeted on the issue of specification of fascias. Our advice to them was that wood might be specificied for all the right reasons, eg life cycle H&S and environmental risks. If wood with relatively low toxicity paint etc, then using renewable materials which will largely biodegrade. No need for polymerisation process and hence exposure of manufacturing personnel to carcinogenic vinyl chloride monomer, wood better at dealing with UV radiation than uPVC, so the maintenance argument not wholly convincing, + landfill considerations etc etc. Regards Peter

Posted By Simon Ward As to the question of whether or not Planning Authorities are designers under the CDM Regs, the new CDM ACoP states that designers include.."anyone who specifies or alters a design, or who specifies the use of a particular method of work or material, eg a quantity surveyor who insists on a specific material or a client who stipulates a particular layout.." but it goes on to say (paragraph 111).."Local authority or government officials may provide advice relating to designs and relevant statutory requirements, eg building regulations, but this does not make them designers."

Posted By Ken Taylor That refers to advice, Simon. If the Planners say that you must use a certain material and not another or that you may not have a parapet more than a certain height that is more than advice and unless they are quoting from legislation, an approved document or the like they must be responsible for the effects of that decision.