Real Estate Planning and Development - Coursework Example

Real Estate Planning and Development There are many building and real estate planning proposals submitted daily to relevant planning and development authorities but just a few passes the authorization stage (Kelly, 2003). This report will discuss the processes involved in planning and permission of building proposals to implementation. It will also unravel the statutory interventions in influencing the real estate planning and development. During authorization, the concerned engineer scrutinizes the proposal then forwards it to relevant government authorities. Once the relevant company obtains all the certificates and documents construction, it then has the clearance to commence the construction. In addition, it is important to seek consultation on the affected departments to have their consent on development plan in question before giving clearance on the construction commencement. Some of the departments affected by urban planning and development activities include tree authority, sewerage department, hydraulic department, agriculture and environmental department. Key Statutory Issues and Future Use of a Site Individuals, institutions and other group of people own land but in most cases, the project they establish is greatly and solely influenced by their statutory laws as contained in the Housing Grant, Construction and Regeneration Act of 1996. Most importantly, for lands where the project laid benefit children, a number of aspects are always considered. The statute will ensure that a land where project is to benefit children should be a healthy environment, safe and secure. The statute will ensure that the administration must provide all the necessary steps to keep children safe before issuance of the permit on use of a particular land. It is a consideration by statutory requirement to analyse risk assessment of the site. Statutory requirement ensures that the providers must take reasonable steps to ensure that everyone who uses the site after its development is safe. The providers must determine risk assessment in relation to specific issues and how it identify aspects of the environment that need regular checking to remove or minimise the risks (Merritt, 2012). As contained in the construction Design and management regulation Act of 2012, the statutory also advocate for the hazard ranking system, which seeks to evaluate the potential relative risks to public health and the environment from constructions sites. The system tries to anticipate future threats or hazardous wastes at uncontrolled waste sites (Kelly, 2003). Therefore, it calculates the site score in terms of potential substance found in air, groundwater and surface water. The scoring will help to categorize the outcome as to whether it is a national priorities list or note and eventually provide a possible remedial action. Additional statutory matter in the future use of a land is the fact that land remains affected by contamination. The contamination may be in various forms. In this case, the presence of a car workshop and windmill are potential contaminants on the land. The statutory matter in this case will allow establishment of a new project for removal of contaminants that come from the previous land use. This requirement affect amenity of the site and its future occupants since if contamination is a long term, it will affect establishment of certain kinds of projects. Finally, planning of the statutory is also one of the major considerations used to dictate on future use of a land. The relationship of the project to be in place and other existing buildings is another consideration. Sometimes, a project may remain laid in a specific site today but later on, it is redesigned to pave way for a more profitable one in future. Therefore, land use control and related administration is an important factor in this consideration. Planning also takes into account the form of urban system, rural service centres or future urban use areas and the general real estate planning and development. Statutory Applications for Development of the Site Development of sites such as playing field are one of the most important resources for sports and the statute always has a sole contribution on the same (Ratcliffe, Michael and Mark, 2004). Sport centre provide valuable space required to maintain and enhance opportunities for people to participate both in formal and informal including social functions. Sport centres provide sporting benefits, good quality, and accessible playing fields as well maintaining active, secure and healthy communities with richer benefit to all people. As proposed by Ratcliffe, Michael and Mark (2004), statutory application creates an overall master-planning document that finds use in guiding many development and infrastructure decisions on issues involving land use, built form, environment and transportation. The zoning as periodically used by statutory is an effective control mechanism to regulate land use and possible development projects. As contained in the statutory Construction (Design and Management) regulation of 2015, there is need for site plan application to assist industrial, residential, institutions and plans for commercial developments. In most cases, land use proposal remains submitted to the land authority act, which is a statutory body to scrutinize the details of construction before its implementation. During the scrutiny, the site plan approves the process and examines the design and technical aspects of the development (Gotham, 2002). It also check for the compliance of the site use with all municipal requirements, objectives and standards. It is a statutory regulation that require designers to submit a development application for their building activities or renovation works they are undertaking. This requirement is important because it allows assistance in the process by industry professionals in architects, building certifiers and draftsperson among others. Statutory application is important because all sites in a centre remains zoned for different uses hence the need to apply for development application in order to avoid demolition of a particular construction on claims that the building was contrary to the requirement (Ratcliffe, Michael, and Mark, 2004). During the statutory application, the planning and land authority staff normally carries out the assessment to ascertain whether all the necessary information remains provided in the application. The statutory application ensures proper designing in order to ensure that the development proposal considers all the issues that may arise as asserted by Weiss (2002). In addition, statutory application has a public notification stage where comments from the public help in establishing the most suitable use of a particular site. Public participation is given time to comment and express their views on the use of a particular site. Once the timeframe has elapsed, the statutory subsequently has the responsibility of designing the use of a particular site with or without incorporation of the public views. Implications of Land Contamination The land site for new sports centre that belongs to Grove Park School has contaminants. The land contains contaminants such as heavy metals including lead, cadmium and arsenic from painting, smoke, gases, and asbestos. Other contaminants include chemical substances such as solvents, radioactive substances and oil. The contaminants remains embedded in the soil and their effects in the land cannot remain under estimated. The contaminants affect soil microorganisms responsible for decomposition of organic matter (Madanipour, 2003). In addition, rainwater washes the contaminants creating more problems in aquatic environments. The projects, which were initially in Grove Park School land such as industrial building, car maintenance workshop, a metal fabricator workshop and windmill motor all contributed to the land quality deterioration. The contaminants from these activities such as carbon (IV) oxide, sulphur and its gases, poisonous chemicals used in industrial processing are contaminants on the land. Therefore, it is important to employ the right rehabilitation process in restoring the land’s potentiality before using it as a sport centre. Due to the adverse effects of asbestos, the European Commission outlined regulations used in managing lands exposed to asbestos contaminants. The European Commission provided the recommendations on the implementation of the directive as contained in the Control of Asbestos Regulations Act of 2012 (CAR). In addition, the effects of asbestos in terms of contaminants cannot remain underestimated. For instance, asbestos is a restrictive lung disease that is lethal. Besides, exposure to asbestos causes lung cancer (Pass et al 2010). The combination of smoke from cars or industrial process and exposure to asbestos inherently enhances the risk of lung cancer. In addition, inhalation of asbestos is the primary cause of asbestos related disease, which are fatal. If the inhaled asbestos contents do not come out through mucus secretions or coughing, they remain embedded in the lung. This results into three serious conditions including asbestosis, lung cancer and mesothelioma. It is evident that all types of asbestos problems are carcinogen and has no safe exposure limit. However, asbestos is very useful material during construction and in industries and hence the strict regulations as contained in Control of Asbestos Regulations 2012 (CAR). Land contamination may occur through a natural process but still require human intervention for restoration to its good original condition. Naturally, occurring substances such as arsenic caused by industrial process are potential contaminants but they should remain controlled. Land affected by contaminants may present risks to human, ecosystem, water quality and property and hence the need for technical guidance that covers managerial aspects of contaminated land. Implication of the serious land contamination of Grove Park School shows reluctance in the land policies management. The degree of exposure of the land to pollution risk is an indication of lack of statutory regulation to monitor projects activities on the land and necessarily stop those activities that are detrimental to the land. The existence of contamination cab be entirely consistent with the current land use. The implication of contaminants shows there is lack of proposals for redevelopment and remediation of contaminated land. Remediation or cleaning-up of contaminated land should remain accomplished to give an account of planning regime. The statutory contaminated land regime should deal with seriously contaminated sites in the attempt to protect the environment. There exists urgency of establishing institutions that deal with land management to help monitor the activities of different projects on the land that may pose potential risks of land contamination. The ‘Green Agenda’, Statutory Consideration and Sustainable Development It is significant for Grove Park School to establish the green agenda. Such establishment is because of natural resources exhaustion and wasteful use mainly due to land activities and loss of biodiversity, green agenda is a potential way of restoring order in our land, which has become contaminated (Weiss, 2002). There is need to adopt green revolution and new relation between humanity and nature that will aim in protecting the environment. Certain aspects of modern green movements are good and can help improve and protect the environment. It is important to use true beliefs of an influential leader who use genuine concern about the environment to help promote the agenda to people. It is worth noting that key statutory considerations on green agenda adoption is by involving the statute. Having a political federation with active members’ base will help influence institutions, companies, industries, individuals and other groups within the society to go green. The green is currently the most organized progressive force for protecting the environment and therefore it meets the challenges of the future of promoting the public good, valuing people over the environment, addressing growth and protecting the planet ecosystem. Through statutory considerations, it is possible to enact laws and subsequent charges for these found contaminating the environment. The active members of the statutory can help enforce the rule that will help protect the environment from contamination. The group can help put a task force in place that will help in close monitoring of the environment and report any form of contamination to relevant authorities for necessary legal action. The value of local authority in curbing contamination cannot remain under estimated. The statutory and other anticorruption institutions need to be independent with full capacity in their service delivery. Green agenda has not had much consideration yet in the value of local authority land and buildings. The potential of the government incentive for renewable energy sources may make a company to lease land for wind farm development. Such companies make offers, which do not represent a fair deal for the asset concerned but destroy the environment (Carmichael, 2012). For example, a company may offer £1,000 a year for use of wind turbine on a land, such deals especially those involving nuclear plant will continue destroy the environment at the expense the deal offers. Sustainable development strategy is an important consideration in achieving the green agenda adoption since it all about of our common present and future. This principle ensure that we use the present resources without compromising the ability of future generation to meet their own need. If every individual embraces this, then our activities will not adversely affect the environment. In other words, the wastes of most activities will be manageable within the environment. Procurement methods Methods of procurements enables enable individual to acquire goods, services and work o tender. The methods are competitive and non-competitive help promote transparency, economy and efficiency. Procurement methods are many depending on the category of procurement. They include open tendering, restricted tendering, request for proposals, two-stage tendering, request for quotations and single-source procurement. Competitive procurement is characterised by solicitation documents open to any qualified firm to apply. They include tendering, request for proposal, two-stage tendering because they assign the tender to any interested firm. On the other hand, request for quotations and single-source procurement is non-competitive procurements methods. This is because the invitation to submit offers from firms is not open for application but assignment given to firm that is of interest to the procurement entity. Whether non-competitive or competitive procurement, many procurement entities sent solicitation documents to a limited number of supplier, contractors or service providers. This is because of restricted tendering number available. The most preferred procurement method for this project is single-sources procurement (Torgal et al, 2014). The reasons for choosing on this method of procurement are due to the presence of guideline and procedure, which stem up the procurement legal framework. It is also important to consider the value and complexity of the requirement, urgency of need and market availability discussed in this contract. The decision on whether to protect the windmill and instead mothball its demolition until funds are available for its restoration lies with the Grove Park School management. Windmill is important since it is a source of renewable and inexhaustible source of energy including electricity. The windmill requires special attention and expertise during its restoration. It is recommendable to locate it far from the playing ground due to potential danger on people and other buildings. Dangers from the windmill may arise from equipment breakdown, which may fall on the building or people causing accidents. Developing the site with minimum disputes The Local Democracy, Economic Development and Construction Act of 2009 describe a clause on liability for adjudication cost of the third party. This report will seek a harmonize construction activity that do not interfere with the third parties and at the same time ensure economic development.It is important to involve a qualified surveyor, building certifier and other expertise in order to deal with all the complications in Grove Park land with minimum disputes. First, it is imperative to remove all pollutants on the land such as rusting cars, debris and other wastes materials. The next activity should be on how to put electrical wires buried in the ground in order. This move will make it possible to develop the rest of the site, provide residential accommodation and artists’ studios. The original design on developing the new building will be in place. However, adequate lighting system should remain installed in the low-rise housing estate that borders the site of the main building (Merritt, 2012). To contain the entire problems from windmill, it is important to construct it high enough where it does not influence most activities taking place on the ground. It is recommendable that the collection of numerous pieces of windmill and pump literature be known before commencing of any restoration work. The windmill restorations are possible to remain re-installed over the roof. This makes it safe to the environment and any form of life in the surrounding. Above all, secrete of installing a long lasting windmill depend on the windmill supplier. Therefore, it is advisable to obtain genuine parts from a reliable dealer. The windmill motors and the surrounding area need to be fenced to prevent unauthorised entry of people that may result in accidents or death. Because the entire site will be a sporting centre, it is important to remove all the contaminants such as metal wastes and debris from surrounding and encourage the principle of ‘green agenda’. There should be grass lay and trees in designated areas to restore the land potentiality. The construction of buildings at a distance less than 1 metre from the existing buildings will be possible as long as there is good lighting system as recommended by the electricians. This will reduce disputes between the school and the neighbours. Glass (1993) asserts that it is not easy to rule out the occurrence of disputes in a place inhabited by people from different background. He adds that the occurrence of a dispute or conflict may take place especially in areas where people share a common resource. The construction contract part II of the Act (S108) confers a right to refer disputes for adjudication on parties to construction contracts and those affected by construction activities. Therefore, it is highly suggested to establish strategies that can contain, reduce, and prevent conflicts or disputes where people operate. It is imperative to establish appropriate measures that are domineering in reducing the impacts. Work Cited Carmichael, Laurence, et al. "Integration of health into urban spatial planning through impact assessment: Identifying governance and policy barriers and facilitators." Environmental Impact Assessment Review 32.1 (2012): 187-194. Glass, Ruth. 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Print. Torgal, Fernando P, Marina Mistretta, A Kaklauskas, Claes G. Granqvist, and Luisa F. Cabeza. Nearly Zero Energy Building Refurbishment: A Multidisciplinary Approach. S.l.: Springer, 2014. Print. Weiss, Marc A. The rise of the community builders: The American real estate industry and urban land planning. Washington, D.C. : Beard Books, 2002. Print. Read More