• news-banner

    Expert Insights

Planning Gateway One to introduce new fire safety requirements for high rise residential buildings

min read

The government is proposing to introduce a number of new requirements to the planning system to ensure fire safety matters as they relate to land use planning are incorporated at the planning stage for schemes involving certain high rise residential buildings. The requirements, referred to as Planning Gateway One, come off the back of the Independent Review of Building Regulations and Fire Safety and government consultation on proposed reforms following the Grenfell Tower tragedy in June 2017 and are intended to take effect from 1 August 2021 (subject to parliamentary scrutiny).

Under the new Planning Gateway One, planning applications for development which involves (a) the provision of one or more “relevant buildings” (i.e. building of 18 metres or more or 7 or more storeys (whichever is reached first) and containing two or more dwellings or education accommodation); (b) the development of an existing relevant building; or (c) development within the curtilage of a relevant building must be accompanied by a fire statement. In addition local authorities must consult the Health and Safety Executive on fire safety before granting planning permission for any such development.

Fire statements must be submitted on a standard form published by the Secretary of State (or a form to similar effect) and include the following information:

  • the principles, concepts and approach relating to fire safety that have been applied to each building in the development
  • the site layout
  • emergency vehicle access and water supplies for firefighting purposes
  • what, if any, consultation has been undertaken on issues relating to the fire safety of the development; and what account has been taken of this
  • how any policies relating to fire safety in relevant local development documents have been taken into account

According to government guidance the fire statement should include information for the entire development site and not just relevant buildings.

The requirement to submit a fire statement does not apply to applications for outline planning permission or applications under section 73 of the Town and Country Planning Act. Applications for a material change of use of a relevant building where the change of use would result in the building no longer being a relevant building, and applications for a material change in use of land / buildings within the curtilage of a relevant building are also exempt.

The government guidance on Planning Gateway One notes that MHCLG intend to introduce fire safety prior approval for residential development being delivered under the permitted development regime, however no secondary legislation has been introduced to date.

Planning Gateway One is one of three gateway points which relevant developments / buildings must go through, which are said to bring about the biggest change in building safety for a generation. Keep an eye out for our further information on Gateway Two and Gateway Three to follow.

Our thinking

  • Judgement Under Pressure: The General Counsel and In-House Counsel Role in the Built Environment

    Events

    min read
  • Greenwashing webinar

    Kerry Stares

    Events

    min read
  • HR Breakfast Club: The Employment Rights Act 2025: In Discussion with Matthew Taylor CBE, Chair of the new Fair Work Agency

    Nick Hurley

    Events

    min read
  • The Playbook to Superscale: Hacks 4-6

    Events

    min read
  • Francis Ho writes in Building about the proposed ban on construction retentions

    Francis Ho

    In the Press

    min read
  • Kerry Stares is quoted in the ESG edition of Law UK

    Kerry Stares

    In the Press

    min read
  • Harriet Betteridge comments in Professional Adviser on the six-month countdown to UK pension inheritance tax changes

    Harriet Betteridge

    In the Press

    min read
  • The Global Legal Post quotes Lesley O'Leary on client relationship building in the age of AI

    Lesley O’Leary

    In the Press

    min read
  • Charles Russell Speechlys advises longstanding client Hearthstone Investments on its acquisition by Sentinel Real Estate

    Edward Robinson

    News

    min read
  • Kurt Rademacher comments in Eprivateclient regarding the possible impact of the US mid-term elections on UHNWIs

    In the Press

    min read
  • Charles Russell Speechlys wins Private Client Law Firm – Ultra-High Net Worth 2026 at eprivateclient Excellence Awards

    Piers Master

    News

    min read
  • The Recognition of UK Grants of Probate in France

    Harriet Betteridge

    Insights

    min read
  • IBA Annual Conference 2026

    Jean-Baptiste Beauvoir-Planson

    Events

  • The UK’s Expanded Bereavement Leave Rights

    Emily Chalkley

    Insights

    min read
  • The Silent Majority: Why Britain's Family Businesses Are the Overlooked Engine of AIM and the Main Market

    Greg Stonefield

    Insights

    min read
  • My child is engaged – how do I raise the issue of a prenuptial agreement?

    Julia Cox

    Insights

    min read
  • Charles Russell Speechlys shortlisted in two categories at Law.com British Legal Awards

    Lesley O’Leary

    News

    min read
  • What could the UK Government's proposed divorce law reforms mean for separating couples?

    Sarah Jane Boon

    Insights

    min read
  • Francis Ho writes about the Building Safety Levy in Estates Gazette

    Francis Ho

    In the Press

    min read
  • Julia Cox comments in Morningstar on potential CGT changes in the UK Autumn Budget

    Julia Cox

    In the Press

    min read
Back to top