22 COMMENT
DEALING WITH RECORDED OR CLAIMED ROUTES AFTER A DEVELOPMENT HAS STARTED, OR EVEN FINISHED, IS TIME CONSUMING, EXPENSIVE AND CARRIES NO CERTAINTY OF OUTCOME
important item for the checklist. First, there should be a check of the legal record of public rights of way (known as the Definitive Map and Statement) and then a site survey to identify any evidence of public access, especially any at odds with the legal record. Problems can be two-fold. Firstly, a lack of
visible evidence of a recorded public right of way does not diminish its existence in law. The maxim: ‘once a highway, always a highway,’ warns that lack of use of a route, or even its previous obstruction by a building, lake or destruction by a quarry, has no impact on its legal status or location. Conversely, informal use of an unrecorded
route can mean that a new public right of way exists. Such a route will have the same status and protection as one recorded on the Definitive Map. In such cases the matter sometimes only comes to a head when the site boundary fencing challenges the public’s right of way. What follows in an application to the highway authority by the users for the addition of the route to the Definitive Map, effectively blighting the affected part of the site until the matter is resolved. Public rights of way legislation is complex
and archaic. Dealing with recorded or claimed routes after a development has started, or even finished, is time consuming, expensive and carries no certainty of outcome. An astute developer collects the information needed and manages the situa- tion from the outset. While dealing with a route can be demanding, selling houses with a public footpath through the kitchens and sitting rooms can prove impossible.
Carol Ramsden is a senior associate at solicitor Birketts LLP
WWW.HBDONLINE.CO.UK THE VIEW FROM THE SITE
Mike Lomax from Tarmac looks at how to change building site culture when it comes to dealing with the thorny issue of dealing with waste on construction sites
WASTING LESS CEMENT While we can wax lyrical about the variety of products out there that are more sustain- ably-made, reducing waste starts on the building site. We already know that chang- ing one simple practice can reduce waste by 11 per cent. This is the practice of buying 25 kg bags of cement and splitting them in half with a spade for a standard general purpose (1:5) mortar mix. Cement is often wasted spilt when the bag is split, and the remaining cement is exposed to the elements. This left-over cement “goes off” if it is
exposed to the weather and not used straight away, which creates a problem. Waste cement is an irritant, and in large quantities must be disposed of as hazardous waste. Swilling it down the drains with a hose pipe can come back to haunt builders when the cement sets. Any leftovers should instead be tipped onto a board and left to go hard before being disposed of. Most local authority waste transfer and
recycling sites will accept limited amounts of construction and demolition waste. Skip hire companies can also dispose of (DIY) waste cement and other construction waste, but for all sites, producing less waste in the first place is a much less expensive option.
WASTE NOT, WANT NOT Buying smaller bags of cement which have the right amount for a mortar mix for example, eliminates the problem of wasting cement from splitting bags open. This also means that builders can order the
exact quantities that they need, as they know that one bag creates one batch of mortar, rather than getting caught short or over-ordering.
INDUSTRY INCENTIVES The construction industry is turning increasingly towards sustainable and green solutions, and builders need to understand the origin of the materials they use and ensure they’re responsibly sourced, in line with industry standards. Also, many build- ing and construction firms have sustainability targets to meet, and receive extra credits for using low environmentally impacting materials. With the industry incentivising builders, it will get much easier to be greener and reduce waste.
CAN WE FIX IT? As builders face increasing pressure to champion sustainable construction methods, it is vital they select and use responsibly sourced building materials (BES 6001). This will help to meet build- ing legislation and add real value to their business. The construction industry is awake to the needs of builders to produce less waste, and is innovating to ensure that products can help builders to achieve this and hit their targets. Builders should keep up to date with all developments to ensure they are using the products most suited to their needs.
Mike Lomax is marketing communications manager at Tarmac
THE CONSTRUCTION INDUSTRY IS TURNING INCREASINGLY TOWARDS SUSTAINABLE AND GREEN SOLUTIONS, AND BUILDERS NEED TO UNDERSTAND THE ORIGINS OF THE MATERIALS THEY USE AND ENSURE THEY ARE RESPONSIBLY SOURCED
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