Local Planning Policy, Building Regulations, and Health & Safety for Inclusive Environments

Definition

In an APC context, local planning policy for inclusive environments refers to policies in a local planning authority’s adopted development plan that require or encourage accessible and inclusive design as a condition of granting planning permission. These sit within the national framework set by the National Planning Policy Framework (NPPF). They operate alongside Building Regulations and health and safety legislation to create a multi-layered set of obligations. A surveyor must understand which instrument applies at which stage of a project.

Why this matters for Inclusive Environments

• You must explain the role of local planning policy, Building Regulations and health and safety law in securing inclusive environments.
• Planning conditions imposing M4(2) or M4(3) are legally binding once permission is granted and affect design, programme and cost.
• Building Regulations compliance is a separate statutory requirement to planning, with different processes and enforcement bodies.
• The Construction (Design and Management) Regulations 2015 require designers to consider usability in occupation, not only construction-phase safety.

Key principles

Local planning policy

The NPPF requires local plans to promote inclusive, accessible communities. Local authorities translate this into specific policies — some requiring a proportion of new dwellings to meet M4(2) or M4(3) standards, others producing supplementary planning documents on accessible design. Planning conditions are legally binding: failure to comply can lead to enforcement action and, in serious cases, a requirement to alter or demolish completed works. Candidates must check the adopted local plan and any supplementary planning documents before advising on which standard applies.

Building Regulations and Approved Document M

Part M of the Building Regulations 2010 and Approved Document M set the statutory baseline for accessible design in new buildings and certain material changes of use in England. Building regulations approval is a separate consent from planning permission, with different processes and a different enforcement regime (local authority building control or an approved inspector). Meeting Approved Document M does not automatically satisfy local plan accessibility policies, which may require a higher standard.

Health and safety legislation

The Construction (Design and Management) Regulations 2015 (CDM 2015) require the principal designer to ensure designers consider how the finished building will be used and maintained, including by disabled people. The Health and Safety at Work etc. Act 1974 imposes duties on employers to provide accessible workplaces for all employees. Both obligations apply throughout the building lifecycle.

How the three instruments interact

On a typical residential development, local plan policy sets which Part M category applies; Approved Document M sets the technical requirements; and CDM 2015 requires usability in occupation to be considered. All three apply concurrently. A surveyor advising on such a project should confirm local plan requirements, verify the design meets the required Part M category, and ensure CDM pre-construction information addresses access and usability in occupation.

Relevant RICS guidance and legislation

• National Planning Policy Framework (NPPF) — requires local plans to promote inclusive and accessible communities.
• Building Regulations 2010, Part M and Approved Document M (Volumes 1 and 2) — the statutory baseline for accessible design in England.
• Equality Act 2010 — imposes ongoing reasonable adjustment duties independent of planning and building regulations compliance.
• Construction (Design and Management) Regulations 2015 — require designers to consider usability and accessibility throughout the building’s lifecycle.
• Health and Safety at Work etc. Act 1974 — employer duties to provide safe and accessible workplaces for all employees.
• BS 8300-1:2018 and BS 8300-2:2018 — frequently referenced in local plan policies and planning conditions as the best-practice standard.
• RICS Rules of Conduct (effective 2 February 2022) — Rule 2 (competence) requires accurate advice across all three regulatory layers.

Ethics and Rules of Conduct angle

Rule 2 requires RICS members to provide a competent service. Advising accurately across all three regulatory layers is not optional: a candidate who confirms planning permission but ignores building regulations compliance or CDM obligations risks a serious professional failure. Rule 4 (respect) reinforces this: the regulatory framework for inclusive environments exists to protect people historically excluded from the built environment, and advice that undermines it is both ethically and legally problematic.

APC-style Q&As