HBC win Appeal

HBC win Appeal

Appeal Against Refusal to Relax or dispense with Requirement K1 (Stairs, Ladders, Ramps) in Park K (Protection from falling, collision and impact) and requirement B1 (means of warning and escape) in Part B (Fire Safety) of Schedule 1 to the Building Regulations 2010 in respect of the creation of four flats above existing retail premises at 10 Maidenhead Street, Hertfordshire.

In January, the MLCG dismissed the above appeal. To summarise, the site consisted of an existing shop at ground floor level with a residential dwelling to the first floor. An application was originally made to install a steel frame structure within the original footprint of the building to provide 4 new flats over the shop. We rejected the application due to poor design aspects. After a lengthy correspondence exchange, the applicant took the project to an Approved Inspector (AI). The new staircase in the building was constructed, serving 4 new flats on the first and second floors. However it was installed with insufficient headroom and with incorrect risers. The staircase was a means of escape stair, which required a clear headroom of 2m. The stair as installed gave 1.72m of headroom. The applicant asked us, via the AI, to relax the requirements. We refused, so the applicant appealed to the Secretary of State for a formal dispensation/relaxation.

The appeal was dismissed and we will now proceed to the enforcement stage.

Read the appeal decision reasoning here.

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