The Week That Was - 13 December 2024

Welcome to the week that was, a round-up of key events in the construction sector over the last seven days.

Government launches Remediation Acceleration Plan 

On 2 December 2024, the Government launched their Remediation Acceleration Plan (RAP) with the aim of speeding up the remediation of unsafe cladding on residential buildings.  This follows criticism that progress so far has been too slow with many unsafe buildings still yet to be identified. 

RAP has three main objectives:

1. Fix buildings faster.

2. Identify all buildings with unsafe cladding.

3. Support residents.

The ultimate goal of RAP is that by the end of 2029:

1. All buildings of 18 metres or taller with unsafe cladding in a Government-funded scheme will have been remediated.

2. Every building of 11 metres or taller with unsafe cladding will either have been remediated, have a date for completion or the landlords will be liable for 'severe penalties', including significant financial consequences and a new criminal offence for those who fail to remove unsafe cladding.

To read more, please click here. 

Supreme Court considers liability and limitation in URS Corporation Ltd v BDW Trading Ltd [2023] appeal

Last week, the Supreme Court heard URS's appeal relating to the allocation of liability where a developer undertakes remedial work on a property which it no longer owns and then seeks to recover the cost of that work from a consultant.  The appeal considered whether a duty of care is owed by URS (a consultant), even where the primary limitation period has expired. 

The ruling is expected to address the application of the Defective Premises Act 1972 (DPA) and will examine whether historic case law which indicates that developers cannot claim against contractors/consultants under the DPA persists as good law. The ruling will therefore be of particular interest to contractors, consultants, and their insurers.

Access to last week's hearings can be found here. 

Parliament promises to sign off on 150 major infrastructure projects 

The Prime Minister has outlined six ‘milestones’ for the Labour Government’s first five years in power in a recent speech.  Keir Starmer has promised to fast-track decisions on at least 150 major infrastructure projects by the end of this Parliament. 
 
Starmer's speech included a commitment to triple the number of approvals for major infrastructure schemes compared to the last Government, by streamlining the approval process in the forthcoming Planning and Infrastructure Bill.  The current planning system was described by Starmer as a "blockage in our economy that is so big it obscures an entire future” as it is preventing the construction of projects including roads, grid connections, laboratories, rail lines, power stations and wind farms. 

The Government has also reiterated its promise to build 1.5 million homes by the end of this Parliament. 

You can read more here.

Rayner approves M&S Oxford Street demolition

Communities Secretary Angela Rayner has approved the controversial demolition of Marks & Spencer’s 1920s flagship store on Oxford Street, allowing the retailer to proceed with a 10-storey office and retail redevelopment by Pilbrow & Partners.  The approval reverses the 2023 refusal by the former Communities Secretary Michael Gove following concerns surrounding heritage, design and carbon emissions. However, a High Court ruling in March 2024 overturned Gove’s refusal on procedural grounds, leading to Rayner’s reassessment of the plans.

Despite an open letter from celebrities, including George Clarke and Kevin McCloud, asking for the building to be saved from demolition, Rayner concluded that the development’s regeneration benefits, including job creation, outweighed environmental and heritage concerns.  Critics such as SAVE Britain’s Heritage argue that the decision unnecessarily continues outdated and wasteful construction models.  M&S and Pilbrow welcomed the approval, describing the decision as "long overdue."

To read more, please click here. 

Council buys Great George Street brownfield site in Liverpool

Liverpool City Council has acquired a 4.55-acre brownfield site on Great George Street.  Progress on the site has been stalled for several years after its previous owner, The Great George Street Project Limited, went into administration in 2022. The brownfield site, which is located near Chinatown and Liverpool Cathedral, was set for a £170 million redevelopment and was originally going to include offices, housing and restaurants.  Works stopped in 2017 due to leasehold disputes which have now been resolved by the Council.

Funding from the Ministry of Housing, Communities and Local Government and Liverpool City Region Combined Authority allowed the £10 million purchase to be finalised last week.  The acquisition is part of broader efforts to revitalise Liverpool’s brownfield sites. Recent investments include the Council spending £60 million on Festival Gardens and Homes England spending £56 million on Liverpool Waters' housing regeneration project.

The Council now aims to restart development on Great George Street, progressing the city's ongoing regeneration initiatives.

To read more, please click here.

The Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024

The Welsh Government has introduced The Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024 (WSI 2024/1268), to simplify Welsh secondary legislation.  The new regulations, which come into effect on 1 January 2025:

• Largely revoke the Building (Approved Inspectors etc) Regulations 2010 in Wales, which had amended the role of Approved Inspector to reflect the new role of the Registered Building Control Approver.  These requirements now appear in the new regulations.

• Revoke and restate the Building (Building Control Profession) (Registration, Sanctions and Appeals) (Wales) Regulations 2023 (WSI 2023/1304), which prescribed how long the registration of a building control professional lasts, in addition to setting out sanctions that can be applied against a building control professional and the relevant appeals process.

You can read more here.

With thanks to: Annabel Gallocher, Abbie Dyas, Nikita Austin

Disclaimer: The information in this publication is for guidance purposes only and does not constitute legal advice.  We attempt to ensure that the content is current as at the date of publication, but we do not guarantee that it remains up to date.  You should seek legal or other professional advice before acting or relying on any of the content.