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 RAY TRICKER
SAMANTHA ALFORD

Building
Regulations
Pocket Book
Building Regulations
Pocket Book

This handy guide provides you with all the information you need to comply with the UK
Building Regulations and Approved Documents. On site, in the van, in the office, wherever
you are, this is the book you’ll refer to time and time again to double check the regulations
on your current job.
The Building Regulations Pocket Book is the must have reliable and portable guide to
compliance with the Building Regulations.

•• Part 1 provides an overview of the Building Act

•• Part 2 offers a handy guide to the dos and don’ts of gaining the Local Council’s approval
for Planning Permission and Building Regulations Approval
•• Part 3 presents an overview of the requirements of the Approved Documents associated
with the Building Regulations
•• Part 4 is an easy to read explanation of the essential requirements of the Building
Regulations that any architect, builder or DIYer needs to know to keep their work safe
and compliant on both domestic or non-domestic jobs

This book is essential reading for all building contractors and sub-contractors, site engineers,
building engineers, building control officers, building surveyors, architects, construction site
managers, DIYers and homeowners having work done on their property.

Ray Tricker is the Senior Consultant (Management Systems) of Herne European Consultancy
Ltd (a company offering organisations access to highly skilled and specialist consultants to help
them enhance their business performance), and is also an established author, with over 50
titles published. He served with the Royal Corps of Signals (for a total of 37 years) during which
time he held various managerial posts culminating in being appointed as the Chief Engineer of
NATO’s Communication Security Agency (ACE COMSEC).

Samantha Alford is an established technical author, instructor and business management

specialist. She has over 25 years’ experience in Capability Planning, Governance, Oversight
and Event Management and is a Director and Owner of Professional Procurement & Project
Management Ltd, a company offering outstanding support and advice on strategic and
operational procurement. Samantha has a strong supply chain, planning, business and
performance management background, and has assisted a variety of organisations with advisory
services for fundraising, business planning and process documentation. Samantha has provided
these services in both the private and not for profit sectors.
Building Regulations
Pocket Book

Ray Tricker and Samantha Alford

First published 2018
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge
711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

 2018 Ray Tricker and Samantha Alford

The right of Ray Tricker and Samantha Alford to be identified as authors of this work
has been asserted by them in accordance with sections 77 and 78 of the Copyright,
Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in
any form or by any electronic, mechanical, or other means, now known or hereafter
invented, including photocopying and recording, or in any information storage or
retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered

trademarks, and are used only for identification and explanation without intent to
infringe.

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Names: Tricker, Ray, author. | Alford, Samantha, author.
Title: Building regulations pocket book / Ray Tricker and Samantha Alford.
Description: Abingdon, Oxon ; New York, NY : Routledge is an imprint of the Taylor
& Francis Group, an Informa Business, [2018] | Includes bibliographical references
and index.
Identifiers: LCCN 2017040869| ISBN 9780815368373 (hbk : alk. paper) |
ISBN 9780815368380 (pbk : alk. paper) | ISBN 9781351254809 (ebk : alk. paper)
Subjects: LCSH: Building laws—England. | Great Britain. Building Act 1984. |
LCGFT: Administrative regulations.
Classification: LCC KD1140 .T754 2018 | DDC 343.4207/869—dc23
LC record available at https://lccn.loc.gov/2017040869

ISBN: 978-0-815-36837-3 (hbk)

ISBN: 978-0-815-36838-0 (pbk)
ISBN: 978-1-351-25480-9 (ebk)

Typeset in Goudy Old Style

by Swales & Willis Ltd, Exeter, Devon, UK
Contents

Preface ix
About the authors xi

Part I 1
1 Background information 3
1.1 What is the Building Act 1984? 3
1.2 What does the Building Act 1984 contain? 4
1.3 What are the Supplementary Regulations? 4
1.4 What are ‘Approved Documents’? (Building Act 1984
Section 6) 4
1.5 How are buildings classified? (Building Act 1984 Section 34) 6
1.6 Who polices the Building Act? 6
1.7 How is building work evaluated for conformance with the
Building Regulations? 7
1.8 What are the duties of the Local Authority? 7
1.9 What are the powers of the Local Authority? 7
1.10 Who are Approved Inspectors? 8
1.11 What Notices and Certificates are required? 8
1.12 Can appeals be made against a Local Authority’s ruling? 9
1.13 Are there any exemptions from Building Regulations? 10
1.14 Can I apply for a relaxation in certain circumstances? 11
1.15 What is ‘Type Approval’? 11
1.16 What causes some plans for building work to be rejected? 11
1.17 Must I complete the approved work in a certain time? 11
1.18 What happens if I contravene any of these requirements? 11
1.19 What about civil liability? 12
1.20 What is the ‘Building Regulations Advisory Committee’? 12
1.21 Does the Fire Authority have any say in Building
Regulations? 12
1.22 Can I change a plan of work once it has been approved? 12
1.23 What about dangerous buildings? 12
1.24 What about defective buildings? 14
1.25 What are the rights of the owner or occupier of the
premises? 14
vi Contents

Part II 15
2 Requirements for Planning Permission and Building
Regulations approval 17
2.1 Advertising 18
2.2 Aerials, satellite dishes and flagpoles 19
2.3 Basements 20
2.4 Biomass-fuelled appliances 21
2.5 Ceilings and floors 21
2.6 Central heating 22
2.7 Change of use 23
2.8 Conservatories 26
2.9 Conversions 27
2.10 Converting an old building 28
2.11 Decoration and repairs inside and outside a building 29
2.12 Demolition 31
2.13 Doors and windows 31
2.14 Drains and sewers 32
2.15 Electrical work in the home or garden 33
2.16 Extensions 34
2.17 External walls 36
2.18 Fascias 37
2.19 Fences, gates and garden walls 37
2.20 Flats and maisonettes 38
2.21 Flues, chimneys or soil and vent pipes 39
2.22 Fuel tanks 40
2.23 Garages and carports 41
2.24 Hardstanding for a car, caravan or boat 42
2.25 Heat pumps 43
2.26 Hedges 45
2.27 Home energy generation 45
2.28 Hydroelectricity 45
2.29 Installing a swimming pool 45
2.30 Internal walls 46
2.31 Insulation 46
2.32 Kitchens and bathrooms 46
2.33 Laying a patio, decking or a driveway 47
2.34 Lighting 48
2.35 Loft conversions 48
2.36 Micro combined heat and power 49
2.37 New homes and self-build homes 49
2.38 Outbuildings 50
2.39 Paving your front garden 51
 Contents vii

2.40 Plumbing 51
2.41 Porch 52
2.42 Roof 52
2.43 Shops 53
2.44 Solar panels 54
2.45 Structural alterations – inside 57
2.46 Trees 57
2.47 Underpinning 58
2.48 Warehouses and industrial buildings 58
2.49 Wind turbines 59
2.50 Working from home 61

Part III 63
3 The requirements of the Approved Documents 65
3.1 Introduction 65
3.2 A – Structure 67
3.3 B – Fire safety – Volume 1: Dwellinghouses and
Volume 2: Buildings other than dwellinghouses 68
3.4 C – Site preparation and resistance to contaminants
and moisture 70
3.5 D – Toxic substances 71
3.6 E – Resistance to the passage of sound 72
3.7 F – Ventilation 73
3.8 G – Sanitation, hot water safety and water efficiency 74
3.9 H – Drainage and waste disposal 77
3.10 J – Combustion appliances and fuel storage systems 81
3.11 K – Protection from falling, collision and impact 83
3.12 L – Conservation of fuel and power – Volume 1:
Dwellings and Volume 2: Buildings other than dwellings 86
3.13 M – Access to and use of buildings – Volume 1:
Dwellings and Volume 2: Buildings other than dwellings 87
3.14 P – Electrical safety – Design and installation of
electrical installations 89
3.15 Q – Security – Dwellings 90
3.16 R – In-building physical infrastructure 90

Part IV 91
4 Meeting the requirements of the Building Regulations 93
4.0 Introduction 93
4.1 Foundations 95
viii Contents

4.2 Ventilation 110

4.3 Drainage 135
4.4 Cellars and basements 157
4.5 Floors 162
4.6 Walls 188
4.7 Ceilings 233
4.8 Roofs 243
4.9 Chimneys and fireplaces 257
4.10 Stairs 272
4.11 Windows 293
4.12 Doors 309
4.13 Access routes 330
4.14 Corridors and passageways 342
4.15 Sanitary accommodation, bathrooms and showers 349
4.16 Electrical safety 362
4.17 Combustion appliances 374
4.18 Hot water storage 381
4.19 Liquid fuel 385
4.20 Kitchens and utility rooms 388
4.21 Loft conversions 396
4.22 Extensions and additions to buildings 401
4.23 Conservatories 409

Acronyms 414
Bibliography 415
Index 435
Preface

This is the 1st edition of the Building Regulations Pocket Book and it has been
produced in response to requests from readers asking for an abbreviated ver-
sion of our increasingly popular Building Regulations in Brief series (now in
its 9th edition). The joy of a pocket edition is that it can easily be transported
from office to site, put in a briefcase or just left in a van for reference pur-
poses. The aim of this pocket book, therefore, is to provide the reader with a
user-friendly, easy to read resumé of the current requirements of the Building
Regulations.
In effect, this Building Regulations Pocket Book is a précis of the most
important points contained in our more complete Building Regulations in
Brief book and it is envisaged that the two books should complement each
other. Where required, and by virtue of its extensive coverage, Building
Regulations in Brief can be used to provide more detail on all aspects of
building projects – large or small.
Building Inspectors, acting on behalf of Local Authorities, are primarily con-
cerned with whether a building complies with the requirements of the Building
Regulations, and this pocket book will provide them with a quick check list that
they can use during inspections.
Designers, architects and builders, through experience, are normally aware
of the overall requirements for building projects; however, they will still need
a reminder when they come across a different situation for the first time – and
this is where the pocket book will become invaluable.
But it is not just the professional trade that this book is aimed at, as this
book will also prove extremely useful to the average student, DIY enthusiast or
homeowner!
The overall aim of this pocket book, therefore, is to provide the reader with
a user-friendly, easy to read resumé of the current requirements of the Building
Regulations.

THE STRUCTURE OF THIS BOOK

The Building Regulations Pocket Book includes all the key features of Building
Regulations in Brief, 9th edition (henceforth referred to as BRIB-9) and follows
a similar format. The four parts include:
x Preface

Part 1 An overview of the Building Act (based on Ch 1 of BRIB-9);

Part 2 A handy guide to the dos and don’ts of gaining Local Council
approval for Planning Permission and Building Regulations Approval (based
on Ch 5 of BRIB-9);
Part 3 An overview of the requirements of the Approved Documents associ-
ated with the Building Regulations (based on Ch 3 of BRIB-9);

and, probably what will become your primary guide for all building projects:

Part 4 A detailed resumé of the essential requirements of the Building

Regulations that an architect, builder, student or DIYer needs to be reminded
of concerning all aspects of a building, whether for domestic or non-domestic
use. This part is based on Chapters 6 and 7 of BRIB-9.

The book concludes with a list of acronyms, a bibliography and a full index.

Shaded boxes are used in Part 4 of the book to show either the full text of
the Building Regulation’s legal requirements or a paraphrased version of these
requirements.
About the authors

Ray Tricker (MSc, IEng, FIET, FCMI, FCQI CQP, FIRSE) is a senior
consultant with over 50 years’ continuous service in Quality,
Safety and Environmental Management, Project Management,
Communication Electronics, Railway Command, Control
and Signalling Systems, Information Technology and the
development of molecular nanotechnology.
He served with the Royal Corps of Signals (for a total
of 37 years) during which time he held various managerial
posts, culminating in being appointed as the Chief Engineer of NATO’s
Communication Security Agency (ACE COMSEC).
Most of Ray’s work since leaving the services has centred on the European
Railways. He has held a number of posts with the UIC (the worldwide profes-
sional association representing the railway sector) such as Quality Manager of the
European Train Control System (ETCS), European Rail Traffic Management System
(ERTMS) Users Group Project Coordinator and the HEROE Project Coordinator. At
the moment (as well as writing books on diverse subjects such as, the ISO 9001,
Building, Wiring and Water Regulations) he is busy assisting small businesses from
around the world (usually on a no-cost basis) to produce their own auditable Quality
and/or Integrated Management Systems to meet the requirements of ISO 9001,
ISO 14001 and OHSAS 18001 etc. He is also a UKAS Assessor (for the assessment
of certification bodies for the harmonization of the Trans-European, High Speed,
Railway Network) and recently he was the Quality, Safety and Environmental
Manager overseeing the multi-billion dollar Trinidad Rapid Rail System.
Currently he is working as the Senior Management Consultant for Herne
European Consultancy Ltd – a company specialising in offering organisations
access to a range of highly skilled and specialist consultants to help these
companies enhance their business performance.
One day he says he might retire!

Samantha Alford MSc MCIPS is an established techni-

cal author, instructor and business management specialist.
She has over 25 years’ continuous service in the capability
planning, management, governance and oversight areas.
Samantha has extensive experience in business manage-
ment including strategic planning, outsourcing, contract
xii About the authors

tendering, award and supervision. She served in the Royal Air Force for 17 years
where she gained a breadth of skills and has significant understanding of man-
aging the requirements for equipment programs with typical values in excess of
£20 million. She also was the senior personnel manager for complex teams in
highly dispersed and challenging environments.
In the 11 years since leaving the services she has been working as a self-
employed Technical Author. With a strong supply chain, planning, business and
performance management background Samantha has assisted local charities
with the organisation of their fundraising efforts, and advised local companies
on the production of business planning documentation and websites.
Samantha has worked in the voluntary sector in the South Manchester area
as a School Governor, PTA Chair and Royal British Legion Volunteer. She contin-
ues to deliver a bespoke ‘university survival’ cookery course that she designed
for the 6th Form at a Local Grammar School.
Samantha is a Director of Professional Procurement and Project Management
Limited – a company offering outstanding support and advice on both strategic
and operational procurement and technical authorship to cover client require-
ments including quality management systems, procurement processes, operating
procedures, system design, process mapping, governance procedures and full
technical authorship as required.
PART I
1

Background information

1.1 WHAT IS THE BUILDING ACT 1984?

The Building Act 1984 applies in England and Wales and is the United Kingdom statute
under which the Building Regulations are made. The primary purpose of the act is to:

•• assist in the conservation of fuel and energy;

•• ensure the safety of those living in or working in or near buildings;
•• prevent undue waste and the misuse/contamination of water;
•• provide a method of controlling the Design, Build, Operation and Maintenance
(DBOM) of buildings;
•• provide a mechanism for the inspection and maintenance of any service, fitting or
equipment used; and
•• provide guidance on how services, fittings and equipment may be used.

1.1.1 What about the rest of the United Kingdom?

The Building Act 1984 only applies to England and Wales. Separate Acts and Regulations
apply in Scotland or Northern Ireland; these are shown in Table 1.1.

Table 1.1 Building legislation within the United Kingdom

Act Regulations Implementation

England and Wales Building Act 1984 Building Approved

Regulations 2010 Documents
Scotland Building (Scotland) Building (Scotland) Technical
Act 2003 Regulations 2004 Handbooks
(as amended)
Northern Ireland Building Building Technical Booklets
Act Regulations
(Northern Ireland) (Northern Ireland)
Order 1979 2012
4 Background information

1.2 WHAT DOES THE BUILDING ACT 1984 CONTAIN?

The Building Act 1984 is made up of five parts, shown in Table 1.2.

Table 1.2 The structure of the Building Act 1984

Part 1 The Building Regulations

Part 2 Supervision of building work, etc. other than by a Local Authority
Part 3 Other provisions about buildings
Part 4 General
Part 5 Supplementary

These parts are then broken down into a number of sections and sub-sections as
shown in Appendix 1A at the end of Chapter 1 of our associated publication, Building
Regulations in Brief, 9th edition (hereinafter referred to as BRIB-9).

1.3 WHAT ARE THE SUPPLEMENTARY REGULATIONS?

The Supplementary Regulations make up Part 5 of the Building Act. They comprise
seven schedules whose function is to list the principal areas requiring regulation and
to show how the Building Regulations are to be controlled by Local Authorities. These
schedules are shown in Table 1.3.

Table 1.3 Contents of the Schedules forming Part 5 of the Building Act 1984

Schedule 1 Building Regulation

Schedule 2 Relaxation of Building Regulations for existing work
Schedule 3 Inner London
Schedule 4 Provisions consequential upon Public Body’s notice
Schedule 5 Transitional provisions
Schedule 6 Consequential amendments
Schedule 7 Repeal

The details of what is contained within each of these schedules are shown in alphabeti-
cal order in Appendix 1B at the end of Chapter 1 of our associated publication, BRIB-9.

1.4 WHAT ARE ‘APPROVED DOCUMENTS’? (BUILDING

ACT 1984 SECTION 6)
Approved Documents are a series of documents made available by the Secretary of State
and which are intended to provide practical guidance with respect to the requirements
of the Building Regulations.
 Background information 5

More details about Approved Documents are contained in Part 3 of this book and on
the gov.uk website.

Table 1.4 Building Regulations for the United Kingdom

England and Wales Scotland Northern Ireland

Approved Structure: 2004 Technical Handbook Technical Booklet: D

Document A 2016 – Structure 2012 – Structure
Approved Fire safety: 2006 Technical Handbook Technical Booklet E:
Document B 2016 – Fire 2012 – Fire safety
(2 Volumes)
Approved Site preparation Technical Handbook Technical Booklet C:
Document C and resistance to 2016 – Environment 2012 – Site preparation
contaminants and and resistance to
water: 2004 contaminants and
moisture
Approved Toxic substances: 1992 Technical Handbook Technical Booklet
Document D 2016 – Environment J:2012 – Solid Waste
Approved Resistance to the passage Technical Handbook Technical Booklet G:
Document E of sound: 2003 2016 – Noise 2012 – Resistance to the
passage of sound
Approved Ventilation: 2010 Technical Handbook Technical Booklet K:
Document F 2016 – Environment 2012 – Ventilation
Approved Sanitation, hot water Technical Handbook Technical Booklet
Document G safety and water 2016 Section 4 – P: 2012 – Sanitary
efficiency: 2015 Environment appliances and unvented
hot water storage systems
and reducing the risk of
scalding
Approved Drainage and waste Technical Handbook Technical Booklet N:
Document H disposal: 2015 2016 – Environment 2012 – Drainage
Approved Combustion appliances Technical Handbook Technical Booklet L: –
Document J and fuel storage systems: 2016 – Safety Combustion appliances
2010 and fuel storage systems

Approved Protection from falling, Technical Handbook Technical Booklet H:

Document K collision and impact: 2016 – Safety 2012 – Stairs, ramps
2013 Technical Handbook guarding and protection
2016 – Energy from impact
Technical Booklet V:
2012 – Glazing
Approved Conservation of fuel and Technical Handbook Technical Booklet
Document L power: 2013 (Dwellings) 2016 – Energy F1 and F2: 2014 –
(4 Volumes) and 2010 (Buildings Conservation of fuel and
other than dwellings) power

(continued)
6 Background information

Table 1.4 (continued)

England and Wales Scotland Northern Ireland

Approved Access to and use of Technical Handbook Technical Booklet R:

Document M buildings: 2015 2016 – Safety 2012 – Access to and use
(2 Volumes) of buildings
Approved Electrical safety: 2013 Technical Handbook
Document P 2016 – Safety
Approved Security: 2015
Document Q
Approved Physical infrastructure Technical Booklet
Document R for high speed electronic M: 2017 – Physical
communications infrastructure for high-
networks: 2016 speed communications
networks

Any changes to the Approved Documents which come into effect in England have to
be subsequently ratified by the Welsh Assembly. Therefore, occasionally earlier versions of
the Approved Documents will apply in Wales until the assembly legislative process catches
up with the English amendments.

1.5 HOW ARE BUILDINGS CLASSIFIED? (BUILDING

ACT 1984 SECTION 34)
For the purpose of the Building Act there are six normal classifications for buildings.
These are:

•• by reference to size (e.g. small/large);

•• by description (e.g. house/flat);
•• by design (e.g. prefabricated);
•• by purpose (e.g. place of assembly);
•• by location (e.g. in a Conservation Area); or
•• ‘any other characteristic whatsoever’!

1.6 WHO POLICES THE BUILDING ACT?

Under the terms of the Building Act 1984, Local Authorities are responsible for ensuring
that any building work that takes place in their area conforms to the requirements of the
associated Building Regulations. They have the authority to:

•• make you take down and remove or rebuild anything that contravenes a regulation;
•• make you complete alterations so that your work complies with the Building
Regulations; and
•• employ a third party to take down and rebuild non-conforming buildings or parts of
buildings and then send you the bill.
 Background information 7

Local Authorities can, in certain circumstances, even take you to court and have you
fined – especially if you fail to complete the removal or rebuilding of the nonconform-
ing work. You can be prosecuted or ordered to carry out remedial work on a property
whether you are the owner or merely the occupier.

1.7 HOW IS BUILDING WORK EVALUATED FOR

CONFORMANCE WITH THE BUILDING REGULATIONS?
The Local Authority is responsible for making regular checks that all building work
being completed in the area is in conformance with the approved plan and the Building
Regulations. Checks will be completed at certain stages of the work (e.g. the excavation
of foundations) and will include:

•• tests of the soil or sub-soil of the site of the building;

•• tests of any material, component or combination of components that has been, is
being or is proposed to be used in the construction of a building; and
•• tests of any service, fitting or equipment that has been, is being or is proposed to be pro-
vided in or in connection with a building.

The Local Authority also has the power to ask the person responsible for the building
work to complete some of these tests on their behalf. The cost of carrying out these tests
will normally be charged to the owner or occupier of the building!

1.8 WHAT ARE THE DUTIES OF THE LOCAL

AUTHORITY?
The Local Authority is responsible for ensuring that the requirements of the Building
Act 1984 are carried out and that the appropriate associated Building Regulations are
enforced, subject to:

•• Part I of the Public Health Act 1936 (relating to united Districts and Joint Boards);
•• Section 151 of the Local Government, Planning and Land Act 1980 (relating to
urban development areas); and
•• Section 1(3) of the Public Health (Control of Disease) Act 1984 (relating to Port
Health Authorities).

1.9 WHAT ARE THE POWERS OF THE LOCAL

AUTHORITY?
The Local Authority has the following controls under the Building Act 1984:

•• the power to enter any premises at all ‘reasonable hours’ to carry out their function
as a Local Authority (e.g. to check if there is [or has been] a contravention of the
Building Act or of Building Regulations);
8 Background information

•• the overall responsibility for the construction and maintenance of sewers and drains
and the laying and maintenance of water mains and pipes;
•• the ability to sell any materials that have been removed, by them, from any premises
when executing works under this Act (paying all proceeds, less expenses, from this
sale to the owner or occupier);
•• the authority to make the owner or occupier of any premises complete essential and
remedial work in connection with the Building Act 1984 (particularly with respect to
the construction, laying, alteration or repair of a sewer or drain); and
•• the authority to complete remedial and essential work themselves (on repayment
of expenses) if the owner or occupier refuses to do this work himself.

1.10 WHO ARE APPROVED INSPECTORS?

An Approved Inspector is a person who is approved or designated by the Secretary
of State to inspect, supervise and authorize building work. The Register of Approved
Inspectors can be obtained online from (http://approvedinspectors.org.uk/members-
directory/).

1.11 WHAT NOTICES AND CERTIFICATES ARE

REQUIRED?
1.11.1 What are Initial Notices?
An Approved Inspector and the person intending to carry out the work is required to
present an Initial Notice and a plan of work to the Local Authority. Once accepted, the
Approved Inspector is authorized to inspect and supervise all work being completed and
to provide the relevant certificates and notices. Acceptance of an Initial Notice by a
Local Authority is treated as ‘depositing plans of work’.
If the Local Authority rejects the Initial Notice for any reason, then the Approved
Inspector can appeal to a Magistrates’ court for a ruling. If still dissatisfied they can appeal
to the Crown Court.
If the Local Authority believes that work has not commenced within three years
of the date on which it accepted an Initial Notice it may cancel the notice.

1.11.2 What are Plans Certificates?

A Plans Certificate is issued to the Local Authority by an Approved Inspector when they
have inspected a site and are satisfied that the plans of work specified in the Initial Notice
do not contravene the Building Regulations in any way. This Plans Certificate:

•• can relate to the whole or part of the work specified in the Initial Notice;
•• does not have any effect unless the Local Authority accepts it; and
•• may only be rejected by the Local Authority ‘on prescribed grounds’.
 Background information 9

1.11.3 What are Final Certificates?

Once the Approved Inspector is satisfied that all work has been completed in accordance
with the work specified in the Initial Notice, he will provide a Final Certificate to the Local
Authority and the person who carried out the work.

1.11.4 Who retains all these records?

Local Authorities are required to keep a register of all Initial Notices, Amendment
Notices, Public Body’s Notices (including Plans Certificates, Final Certificates,
and Public Body’s Final Certificates) which have been given by to them. The Local
Authority is required to make this register available for public inspection during
normal working hours. Copies of these records are now available on most Councils’
websites.

1.11.5 What is a Public Bodies Notice?

If a Public Body (e.g. Local Authority or County Council) is of the opinion that build-
ing work that is going to be completed on one of its own buildings can be adequately
supervised by one of its own employees and/or agents, then they can provide the Local
Authority with a notice (referred to as a ‘Public Body’s notice’) together with their plan
of work.

1.12 CAN APPEALS BE MADE AGAINST A LOCAL

AUTHORITY’S RULING?
An appeal against a Local Authority’s ruling can be made:

•• if the Local Authority fails to notify you of their decision to reject an application to
dispense with or relax a requirement in building regulation within 2 months of the
application (or an extended period as agreed by both parties);
•• if the Local Authority reject an application to dispense with or relax a requirement
in Building Regulations;
•• if you disagree with a Local Authority notice requiring works or demolition;
•• if you disagree with a notice to remove or alter offending work which has been issued
by the Local Authority after the work has been completed; or
•• if you are aggrieved by the Local Authority’s rejection of any of the following:
{{ InitialNotice;
{{ Amendment Notice;
{{ Public Body’s Notice;
{{ Plans Certificate;
{{ Final Certificate;
{{ Public Body’s Certificate; or
{{ Public Body’s Final Certificate.
10 Background information

You may appeal against the Local Authority’s decision to the Magistrates’ Court in the
area where the work is to be carried out. If your appeal is unsuccessful at the Magistrates’
court you may appeal to the Crown Court.
Where the Secretary of State has given a ruling, this ruling may, in certain circum-
stances, be appealed to the High Court on a point of law.

1.12.1 What about compensation?

If an owner or occupier considers he has sustained damage because of something that
the Authority has done, he can appeal (in the first case) to the local Magistrates’
Court.

1.13 ARE THERE ANY EXEMPTIONS FROM BUILDING

REGULATIONS?
The following are exempt from the Building Regulations:

•• a ‘Public Body’ (i.e. Local Authorities, County Councils and any other body ‘that acts
under an enactment for public purposes and not for its own profit’);
•• buildings (or classes of buildings) that have been declared exempt by the Secretary
of State;
•• educational buildings erected to plans approved by the Secretary of State;
•• buildings belonging to ‘statutory undertakers’ (e.g. the Civil Aviation Authority);
and
•• classes of buildings, services, fittings or equipment which are ‘prescribed’ by the
Secretary of State.

1.13.1 What about Crown Buildings?

Although the majority of the requirements of the Building Regulations are applicable
to Crown Buildings (i.e. a building in which there is a Crown interest) or Government
buildings (held in trust for Her Majesty) there are occasional deviations.

1.13.2 What about buildings in Inner London?

You will find that the majority of the requirements found in the Building Regulations are
also applicable to buildings in Inner London boroughs (e.g. Inner Temple).

1.13.3 What about the United Kingdom Atomic Energy

Authority?
The Building Regulations do not apply to buildings belonging to or occupied by the
United Kingdom Atomic Energy Authority (UKAEA), unless they are dwellings or
offices.
 Background information 11

1.14 CAN I APPLY FOR A RELAXATION IN CERTAIN

CIRCUMSTANCES?
The Building Act allows the Local Authority to dispense with, or relax, a Building Regulation
if they believe that that requirement is unreasonable in relation to a particular type of work
being carried out. In the majority of cases, applications to dispense with or relax Building
Regulations can be settled locally. In more complicated cases the Local Authority can seek
guidance from the Secretary of State who will give a direction as to whether the requirement
may be relaxed or dispensed with (either unconditionally or subject to certain conditions).
The Local Authority may charge a fee for reviewing and deciding on these matters.

1.15 WHAT IS ‘TYPE APPROVAL’?

Type Approval is where the Secretary of State is empowered to approve a particular type
of building matter as complying, either generally or specifically, with a particular require-
ment of the Building Regulations.

1.16 WHAT CAUSES SOME PLANS FOR BUILDING

WORK TO BE REJECTED?
The Local Authority will reject all plans for building work that are defective or if they
contravene any of the Building Regulations. If a plan for proposed building work is
accompanied by a certificate from a person(s) approved by the Secretary of State, then
only in extreme circumstances can the Local Authority reject the plans.

1.17 MUST I COMPLETE THE APPROVED WORK IN

A CERTAIN TIME?
Once a building plan has been passed by the Local Authority, then ‘work must com-
mence’ within three years from the date that it was approved. Failure to start work
within this time could result in the Local Authority cancelling the approved plans and
you will have to resubmit them if you want to carry on with your project. If the Local
Authority advise you that the deposit of plans is of ‘no effect’, it is as if the plans had
never been deposited. The meaning of the term ‘work must commence’ can vary, but
normally it means physically laying foundations of the building.

1.18 WHAT HAPPENS IF I CONTRAVENE ANY OF

THESE REQUIREMENTS?
If you contravene the Building Regulations or wilfully obstruct a person acting ‘in the
execution of the Building Act 1984 or of its associated Building Regulations’, then on
conviction you could be liable to a fine of up to £5000, which may include the recovery
of costs. In exceptional circumstances contravention of the regulations can lead to a
short holiday in one of HM Prisons!
12 Background information

1.19 WHAT ABOUT CIVIL LIABILITY?

All building work should be completed safely and without risk to people employed on the
site or visiting the site. Any contravention of the Building Regulations that causes injury
(or death) to any person is liable to prosecution in the normal way.

1.20 WHAT IS THE ‘BUILDING REGULATIONS

ADVISORY COMMITTEE’?
The Building Act allows the Secretary of State to appoint a committee (known as the
Building Regulations Advisory Committee) to review, amend, improve and produce
new Building Regulations and the associated documentation.

1.21 DOES THE FIRE AUTHORITY HAVE ANY SAY IN

BUILDING REGULATIONS?
When a requirement ‘encroaches’ on something that is normally handled by the Fire
Authority, such as the provision of a means of escape or any structural fire precautions,
the Local Authority must consult the Fire Authority before making any decision.

1.22 CAN I CHANGE A PLAN OF WORK ONCE IT

HAS BEEN APPROVED?
If a person intending to carry out building work has already had their plan (or plans)
passed by the Local Authority and wants to change them, they may submit a set of revised
plans to the Local Authority, showing precisely how they intend to deviate from the
approved plan and asking for approval.

1.23 WHAT ABOUT DANGEROUS BUILDINGS?

If a building, or part of a building or structure, is in a dangerous condition (or is used to
carry loads which would make it dangerous) then the Local Authority may apply to a
Magistrates’ court to make an order requiring the owner:

•• to carry out work to avert the danger; or

•• to demolish the building, structure or any dangerous part of it, and remove any rub-
bish resulting from the demolition.

If the actual ownership is not clear then the Authority may carry out the work.

1.23.1 Emergency measures

In emergencies, the Local Authority can make the owner take immediate action to
remove the danger or they can complete the necessary action themselves (recovering
from the owner such expenses reasonably incurred).
 Background information 13

1.23.2 Can I demolish a dangerous building?

You must have good reasons for knocking down a building. Making way for rebuilding or
improvement will in most cases be incorporated in a planning application. You are not
allowed to begin any demolition work (even on a dangerous building) unless you have
given the Local Authority notice of your intention and this has either been acknowl-
edged by the Local Authority or the relevant notification period has expired. In this
notice you will have to:

•• show how you intend to demolish the building;

•• specify the building to be demolished; and
•• state the reason(s) for wanting to demolish the building.

Copies of this notice will have to be sent to:

•• any public electricity supplier in whose area the building is located;

•• any public gas supplier in whose area the building is located;
•• the Local Authority; and
•• the occupier of any building adjacent to the building in question.

This regulation does not apply to the demolition of an internal part of an occupied build-
ing, or a greenhouse, conservatory, shed or pre-fabricated garage (that forms part of that
building) or an agricultural building.

1.23.3 Can I be made to demolish a dangerous building?

If the Local Authority considers that a building is so dangerous that it should be demol-
ished, it is entitled to issue a notice to the owner requiring them (in accordance with
the Housing Act 1985) to arrange with the relevant statutory undertakers for the dis-
connection of gas, electricity and water supplies to the building, and to:

•• disconnect, seal and remove any sewer or drain in or under the building;
•• leave the site in a satisfactory condition following completion of all demolition
work;
•• make good the surface of the ground that has been disturbed in connection with this
removal of drains;
•• remove material or rubbish resulting from the demolition and clear the site;
•• repair and make good any damage to an adjacent building caused by the demolition
or by the negligent act or omission of any person engaged in it;
•• shore up any building adjacent to the building to which the notice relates; and
•• weatherproof any surfaces of an adjacent building that are exposed by the demolition.

Before complying with this notice, the owner must give the Local Authority 48 hours’
notice of commencement of the work. Otherwise you can be fined up to £2,500.
14 Background information

In certain circumstances, the owner of an adjacent building may be liable to assist in

the cost of shoring up their part of the building and waterproofing the surfaces. It could
be worthwhile checking this point with the Local Authority.

1.24 WHAT ABOUT DEFECTIVE BUILDINGS?

If a building or structure is, because of its ruinous or dilapidated condition, liable to cause
damage to (or be a nuisance to) the amenities of the neighbourhood, then the Local
Authority can require the owner:

•• to carry out necessary repairs and/or restoration; or

•• to demolish the building or structure (or any part of it) and to remove all the rubbish
or other material resulting from this demolition.

1.25 WHAT ARE THE RIGHTS OF THE OWNER OR

OCCUPIER OF THE PREMISES?
When a person has been given a notice by a Local Authority to complete work, he has the
right to appeal to a Magistrates’ Court on any of the following grounds that:

•• the notice or requirement is not justified by the terms of the provision under which
it purports to have been given;
•• there has been some informality, defect or error in (or in connection with) the notice;
•• the authority has refused (unreasonably) to approve completion of alternative works, or
that the works required by the notice to be executed are unreasonable or unnecessary;
•• the time limit set to complete the work is insufficient;
•• the notice should lawfully have been served on the occupier of the premises in question
instead of on the owner (or vice versa); or
•• some other person (who is likely to benefit from completion of the work) should share
in the expense of the works.
PART II
Another random document with
no related content on Scribd:
 A FAMOUS YEW-TREE.

There is a passage in George Fox's Journal that brings one face to face
with a brave man of God, reveals the spirit of true martyrdom, and makes
one envious of his dazzling courage:

'Now were great threatenings given forth in Cumberland that if ever I

came there again they would take away my life. When I heard it, I was
drawn to go to Cumberland, and went to the same parish whence these
threatenings came, but they had not power to touch me.'

It is a passage that attracts one to the apostle of the leathern-apron, and

makes one desire to know the scenes of his life's travail. It was not to be
wondered at, therefore, that when one found oneself at Keswick in a
neighbouring valley to Lorton, one should wish to visit one of the places
ever associated with his memory, and see the spot whence the echoes of the
preacher's voice have never died.

Associated with this wish to follow the footsteps of George Fox, was the
desire to see the Yew-tree, 'Pride of Lorton Vale,' which, on the day of Fox's
sermon, provided seats for the listeners. For the famous yew-trees in the
Lake District are becoming each year fewer. It is true that the great yew in
Tilberthwaite is still standing, but that famous hollow trunk that kept alive
the name of the mission preacher St. Patrick, in Patrick's Dale or Patterdale,
has fallen; and the great winter storm of 1883 worked havoc upon
Seathwaite's sacred brotherhood:

'Those fraternal four of Borrowdale,

Joined in one solemn and capacious grove;
Huge trunks!—and each particular trunk a growth
Of intertwisted fibres serpentine
Up-coiling and inveterately convolved—

are now a wreck,—one fell, the others were riven to pieces.

Here in the Lake District, by command of bluff King Hal, each

estatesman was obliged to plant a yew-tree by his homestead, in order that
he might never lack of wood for his bow when he was called—as he not
unfrequently was called—to the Marches, in defence of the Border. And in
many places, long after the homestead has passed away, the solitary yew
survives to tell us of the troublous times of old. It was not long since an
estatesman sent down to the local museum of Keswick the old oaken bow-
chest of his fathers, which, though it has been long used as a meal-ark, by its
carving clearly shows it was intended for other use. The family name of
Bowman is a common one in Cumberland, and still in our neighbourhood
the field-names preserve a memory of the village bowman's prowess, and the
'butts' field is a word of common parlance.

But it is George Fox, the man of peace, that we were most interested in,
as we crossed the Keswick Valley and climbed the long slope of Whinlatter
to pay a visit to the brave man's preaching place, and it was mere
coincidence that that preaching place should be associated with weapons of
war.

THE LORTON YEW.

 People do not realise how fair a view of the whole Skiddaw range is
presented to them as they climb that pass, or they would climb it oftener. The
higher one climbs, the higher does Skiddaw appear, and deep-bosomed
mountain-side in all its massy grandeur of emerald green and lilac shade in
spring, of puce and burnished bronze in autumn, impresses one with its calm
and restfulness. The cloud, sure sign of fine weather, rests upon its utmost
peak to-day, and irresistibly recalls the lines of Wordsworth's sonnet:

'Veiling itself in mid-Atlantic clouds

To pour forth streams more sweet than Castaly,'

while the pleasant farms with the far-off interchange of happy cock-crowing,
glitter at our feet, and, like an arm of some great ocean-loch, the white
waters of Bassenthwaite come round the precipice of Barf, and sweep out of
the shadow of Wythop woods into the September sunshine. On our left rises
Grasmoor, haunt of the dottrel, and Hobcarton Crag, beloved of rare
mountain flowers. So we crest the long slope and drop down into Lorton,
with the hill-sides on our right, golden with gorse against the westering sun.
Turning sharply to the left as soon as the village is reached, we pass a kind
of pleasant rural street, if that may be called a street which has houses only
on the one side of it, and just as we emerge into the country again, find
ourself at a spot where the road forks, a portion of it going over a beck
bridge into a farm enclosure by a picturesque old water-mill and byre, and a
portion of it,—the main road to Loweswater,—bending sharply to the right
to go across the valley by the north side of the stream, which is here hidden
from view by a long barn building. If we pause at this point we cannot help
being struck by the sombre mass of a great yew-tree standing in a pleasant
meadow close to the beck, where at one time there was doubtless a ford.
This is what Wordsworth described as

'A yew-tree, Pride of Lorton Vale,

Which to this day stands single, in the midst
Of its own darkness, as it stood of yore,
Not loth to furnish weapons for the bands
Of Umfraville or Percy ere they marched
To Scotland's heaths; or those that crossed the sea
And drew their sounding bows at Azincour,
Perhaps at earlier Crecy, or Poictiers.
 Of vast circumference and gloom profound
This solitary tree!—a living thing
Produced too slowly ever to decay;
Of form and aspect too magnificent
To be destroyed.'

It is not to-day the noble tree it was when Fox was here, and the
prophecy of the poet was only a few years since like to have been made
utterly vain. For its form and aspect was so magnificent that its owner sold it
to a Lorton wood merchant, and it was just about to be cut down when some
memory of Fox's sermon awoke in the breast of a faithful member of the
Society of Friends in the neighbourhood, and the wood merchant good-
naturedly went off his bargain.

It is true that it shows no signs of decay, but it has suffered loss. Two of
its main stems were shattered years ago by a hurricane, and were sawn off at
the bole. Let us go along the road to the farm buildings, and turn back down
to what now serves for a watering-place for horses. It is thus we shall best
get an idea of how 'it stands single, in the midst of its own darkness.'

The branches stretch their shadow over the stream, and the ripple of the
sunny talkative beck contrasts strangely with the deep silence of the solemn
tree. If we go up to Whinfell Hall and ask a keen observer of nature and
plant life about this famous yew, Mr. Wilson Robinson will tell us that he
once measured the trunk at its least circumference and found it 23 feet 10
inches, and that, about thirty years ago, a strong south-east gale came with
hurricane force down Hope Ghyll, wrenched off one of the side limbs and
carried away a third of the tree. Another limb has fallen since then, and yet,
shattered and torn, what a magnificent ruin it is, how well worth climbing
over Whinlatter Pass to visit.

After gazing up the beck towards the picturesque bridge from which we
first surveyed the yew, towards the grand old farmstead and its cluster of
sycamores as a background for the bridge, let us go back to the bridge and
across into the meadow wherein the 'Pride of Lorton Vale' stands, and,
gazing from under the tree towards the west and south, let us wonder at the
beauty of faintly bronzed fern on Whiteside, the amethystine lilac of the
Grasmoor mass, the far-off cones of Red Pike and High Stile blue above
Mellbreak, and far to the west, Herdhouse ghostly grey; all seeming to join
in shutting out the world and making the quiet emerald meadow in which we
stand a sanctuary for thought and restfulness.

Then let us go back to that day in the year 1653 when George Fox,
having narrowly escaped death by a boy's rapier thrust, and with his hand
and wrist still smarting from the cruel blow of a rough fellow down at
Bootle, where they mobbed him on the previous Sunday, pale and worn
came hither to the ford and found already James Lancaster, one of his
disciples, who had gone forward as an avant-courier on the way to
Cockermouth, busy haranguing the people.

The quiet meadow of to-day was on that day full of armed men. A
detachment of Cromwell's soldiers had been told off from Cockermouth to
keep the peace—it being known that Fox was on his way to Lorton; and Mr.
Larkham, the Congregationalist minister of Cockermouth, and Priest
Wilkinson, the Vicar of Brigham-cum-Mosser-cum-Lorton, were probably
among the crowd that covered the field and stood by the banks of the stream.
'The people,' we read in Fox's Journal, 'lay up and down in the open, like
people at a leaguer.' Fox had seen something of camp life during the late
civil war, and he doubtless felt that day that, man of peace though he was,
the field of the Lorton yew would be indeed a field of battle for him.

But what interests us most as we gaze upon this venerable tree to-day in
these pleasant pastures beside the waters of peace, is not so much the
memory of the crowd of Cromwellian soldiers and members of the Church
militant who came out that day to 'sorely withstand' George Fox, as the
vision of the boughs of this sable and majestic yew-tree filled with the
listening ears and eager eyes of those who heard that day the weary and way-
worn prophet of the Lord, 'largely declare the word of Life' as he knew it,
and 'open the everlasting Gospel to them.' Fox tells us that 'this tree was so
full of people that I feared they would break it down.'

Look at it now, and think of it no longer as a broken yew-tree, sown here

perchance by some far wandering bird centuries ago, but as a living witness
to the power of men who have a living Gospel to declare to win the souls of
their fellows, and lead them into communion with God who is a spirit. Men
once heard the voice of Fox sound out here, above the babble of the beck
and the hum of the multitude and the protests of the Lorton minister, and
those who crowded on the yew-tree boughs felt light instead of darkness—
sun instead of shadow, was their portion, and we read, 'Many hundreds were
convinced that day, and received the Lord Jesus Christ and His free teaching
with gladness.'

We are not Quakers, but at least our hearts beat in unison with the earnest
teacher of the Truth he knew, to an age that was helped and is still helped by
that Truth; and as we leave the field of the tree,

'Not loth to furnish weapons for the bands

Of Umfraville or Percy ere they marched
To Scotland's heaths; or those that crossed the sea
And drew their sounding bows at Azincour,'

we rejoice to think that beneath its sable boughs, the preacher of the way of
peace as better than war, once preached a sermon; and we trust, that for
many a long year still, 'single in the midst of its own darkness as it stood of
yore,' may stand the Lorton Yew.

LODORE AFTER STORM.

Five days of continual tempest and five nights of storm-wind from the
Atlantic had tried the nerves and tempers and tested the sleeping powers of
all in the Keswick Vale. Nothing like wind to set folks 'fratching'; and that
anybody was still on speaking terms with his neighbour argued well for the
kindliness of the townsmen and villagers.

At last it would seem as if the wind had blown itself out, and at six
o'clock of a grey February evening silence and calm fell upon the sodden,
weary vale. But an ominous cloud-pack boiled up over the western hills, and
the barometer went down two inches. The cattle were scarcely 'suppered up'
for the night in the farmsteads and the shopmen had scarcely clanged down
their last shutter, when the wind again awoke, and the hills thundered and the
trees groaned, and we knew that America had sent us another cyclone. The
hail-showers thrashed the panes, the windows rattled, the chimneys moaned
and sighed, and though tired men and women went to bed, it was only to feel
their house-walls shake as if an earthquake shock were passing underneath,
and only to wonder which would be the first chimney-stack to fall. The wind
grew to a hurricane, and people as they lay in sleepless fear upon their beds
heard strange voices in the storm—cries of sailors in agony upon a bitter
shore or perishing in the deep. Then the wind would be heard to try all round
the house and see if perchance a window-frame would give an entrance and
indoor havoc be possible; or a slate would whirl up with a crack and come
down clattering on the roof and spin off into the darkness.

The dawn broke dimly, and the pastures of the middle vale lay like a wan
sea with isles of emerald. Broken boughs hung gaunt and creaking upon the
nearest trees, and the Irish yews curtsied and danced and split themselves
into a hundred spires of nodding darkness against the angry sky. But the
hurricane, however much it might make man cower and fear, had no power
upon the thrush, who saw, behind the hurricane light of cheerless morn, the
dawn of springtide and love and calm. No storm could

'Quell or disconcert her golden tongue,'

and there, while the wind fluffed her breast to twice its size, she fluted from
the swaying holly tree her old familiar call to the slow to 'be quick! be
quick!' to the drowsy, to 'pray, get up! get up!' and then to the sad to 'cheer
up now! cheer up! cheer up!'

I answered her challenge and arose. The lake from end to end was ridded
with foam, and great clouds of water, torn from the surface, were marching
from west to east. Borrodale was black with storm. There was no snow on
Skiddaw, though the sleet had in a night turned its fine old head grizzled
grey, but over Grasmoor and over Grisedale it seemed as if some huge ocean
wave had broken and left its froth behind it.

Nearer, however, than on Grasmoor and on Grisedale there was snow.

Far down beyond the purpling 'Walla' woodland, lay, in a crevice of the hills
between Gowder Crag and Shepherd's Crag, a mighty drift of seeming
winter whiteness. That was no gift of winter; it was the gift of the past
night's rain. Gazing at it through a good field-glass one could see that the
white drift was a falling torrent, and as one gazed one almost, in fancy, heard

'the roar
That stuns the tremulous cliffs of high Lodore.'

I knew that they only can see Lodore aright who will brave storm and
tempest, for so swiftly does this splendid cataract pour itself away that an
hour after the rains have ceased upon the Watendlath fells it dwindles to its
natural size, loses its milk-white charm, and ceases to summon the wanderer
to its presence. But this morning its spell was potent to touch all hearts, and
that white winter wreath of snow and sound called us from far away. Down
by the old monks' path we went, that the hoofs of sumpter-mules in the
Middle Ages had worn deep into the soft soil;—it was to-day a torrent-bed
of bubbling water. On by the village school, where, instead of the pattering
of children's clogs upon the doorstep, to-day the Greta's water gushed and
fell in miniature cascade. Over the bridge beneath Greta Hall, on which the
pencil-makers hung in enforced idleness, for there was too much water to
allow the use of the millwheel. 'Brig is pinched to be large eneuf for t' watter
to-day,' they cried; and so to the town. 'Dar bon! but thoo bed better keep to
lee-side oop street—-slates is fleein' same as leaves i' winter,' said an old
friend as he passed me. 'Well, Betty, what such a night have you had?' I said
to another old friend at the street corner. 'Loavins me!' she answered, 'but it's
been a capper. Cwoal cart was lifted up and clean turned ower befoar my
eyes in oor back yard; and I've been up and dressed sin five this morn. What
I thowt wi' mysel if anything's goin' to happen, it 'ull not dea fur us all to be
naked, and sea I got intil my cleas!'

So up the main street—powdered with broken slates and plaster from the
house fronts, and out into the Borrodale road we went. Trees were laid by
their heels at the church gate, the holly berries gleamed in thousands by the
roadside; the wind had done what in this open winter the birds had failed to
do. Thence on to the Great Wood. Fine spruces lay across the road, and the
roadmen and woodcutters were busy making passage possible for the cart
traffic. Such a scent of Christmas trees they made as they hewed away at the
spruce branches one felt oneself a child again, and so with a child's heart
forward. All through the purple woodland were white patches in top-most
boughs, the wounds that the fierce wind had given them. Only one thing the
tempest had been powerless to touch; these were the tender lichens and the
velvet mosses on trunk and wall. How they gleamed and shone in the forest
twilight! And whilst the boughs clashed and the wood was filled with groans
and shrieks and cries, there, by the wall and on the ground and on the tree-
stems, in quiet restfulness and silent beauty the fearless mosses grew.

But this was not all the gentle life that seemed to fear no storm, for
quavering along from bough to bough a school of long-tailed titmice went in
unalarmed pleasure. The wind that shook the oak seemed unable to touch
them, and down beside me the tiny wren played his old happy game of hide-
and-seek, as if, instead of being lashed by a cyclone, the woods were still as
eventide in June.

Cat Ghyll, beloved of Southey, roared at us as we passed, and one heard

the wind like a trumpet blowing from the steep of Falcon Crag.

Now clear view was gained of Derwentwater, and one noted that the lake
lay in long patches of many colours, here bright green, there slate blue, there
brown, here white and wan, but ridged throughout with foam; and suddenly,
as if it sprang upward from hidden depths, a water wraith would leap to sight
and other spirits would join it, and the whole silver company of ghostlike
vaporous forms would come dancing across from the further shore and lose
themselves in cloud-like dust upon the land. Or here again would rise a tiny
waterspout and spin and spin the water up into mid-air, then march and
counter-march, lie down, and rise again. While all the time upon the shore
beneath the roadway, waves broke and surge tumbled, with moaning of a
troubled sea that might not rest. It was something in such a whirl of sound
and hissing of such restless waters to feel far up on the other hand, above the
russet grey-green draperies and the lilac shales, the calm of the storm-proof
citadel of Falcon Crag. We gained Barrow, and heard the waterfall bellowing
in the wood; but it was Lodore that we had set out to see, and Lodore shone
white and clear upon its steep only half-a-mile away.

Full sight of Lodore had now been gained, but not before two other
cataracts flashing to one channel from Gowder Crag had claimed our
wonder, while we watched the water fall, as it seemed, out of heaven, down
by the silver birches, down by the silver shale, and turn both to darkness by
its white contrast. But what a magnificent rose-red glow those birch trees
showed, and how with auburn glory the larches gleamed! how too in silken
grey and delicate yellow the ash trees climbed the crags! We went forward,
but not till we had noted that, while all the world towards Grange seemed
one great grey water-flood, here right in front of the purple-brown cliff in
whose cleft lay the white Lodore, stood up a little meadowy hill of verdure
green as May—the first home-field of the wandering Viking who pushed his
long ship ashore at Ravenglass and made his way over the Styhead Pass to
ancient Borrodale. For in this green field still flows the spring where Ketel
the Viking, who afterwards gave his name to the Wyke which we call
Keswick to-day, drank in the olden time. Ketel's Well, as we gaze upon that
emerald mound, takes us back to the ninth century and the first coming of
the Norsemen to our dales; and what was it that bade the hardy Norse rover
choose to pitch his camp by the spring on yonder hill but that same glorious
cataract of Lodore, whose gleaming waters and whose voice of thunder
speaks to our heart as it one time spoke to his. Nay, for that weary wanderer
over sea, Lodore spoke sweeter things. As he listened to the torrent's voice,
there came back memories of his own home-land and all the sound and sight
of those fair 'fosses' and those shining 'ghylls' from which he was an
outlawed exile.
 LODORE AFTER A STORM.

We pass on beyond the hollies, beyond the amber reed-bed, beyond the
grey copse, and gain the gate to the Fall. We cross the meadow and enter the
wood and stand upon the little platform whence the Fall in its fulness may be
seen. What strikes one at once is the majesty of the high-towering crag of
Gowder to the left of Lodore. What strikes one next, is the feeling of a
certain lack of height in the fall. It does not come rushing over a sheer
precipice; it is not cloud-born; one seems to know that somewhere not far off
a valley stream is passing along through quiet meadows and woodland, and
something of the fierce wildness of its fall is curbed and tamed by the
thought. Yet as we gaze to-day so white is the heaven in the rift between the
cliffs whence it surges into sight, that a very little imagination enables us to
feel as if the whole of that white interspace were foam, and one's heart is
stirred. Not in a rift, but from the topmost height we think we see and hear a
visionary cataract fall and fall.

Up now through broken boulders, wet with perpetual mist, slippery with
sodden leaf of russet gold, up till a double wych elm, or two elms bound in
sisterly embrace—as if they had in fear clutched one another as they stood in
awe upon the torrent's brink, is gained; there in shelter of a huge rock,
emerald-coated, silver-shining with the spray, we shelter from the drenching
water-dust and see another view of glorious Lodore. See and hear, for while
the milk-white waters flash and swirl around the ebon boulders in mid-fall,
we hear the tall upstanding cliffs make echo to their voice—such sound as
he who hears can never quite forget. We climb again up by a slippery path
only fit for a goat's foot, helped by impending branches, helped more by the
thought that yonder one will gain not only the noblest view of the waterfall,
but a far outlook over the wide-watered vale to grey-blue western hills,
beyond which booms the sea that gave us, on the wings of the wind, all this
majesty of sound and motion.

In this hurricane, the salt of that ocean is on one's lips, and if its actual
murmurs and the 'scents of the infinite sea' are denied us, at least by proxy
they are ours. For as we slowly win our way upward the scent of Lodore fills
the air, even as its sound fills our ears. Not the kind of paper-mill scent one
knows so well within the locks or by the backwaters of the Thames, but
scent born of mountain springs and fellside tarns and peaty meadows—
scents as delicate as they are subtle.

We have gained our vantage point for sight and sound. The huge rocks
appear like leviathans bobbing their noses through the foam. A tree trunk has
fallen, and seems to have been caught and held by the mouth of some vast
hippopotamus, who rejoices as the torrent dashes over his vast back. And the
sound is not of bellowing behemoth or snorting river-horse. No; but such
sound as seems to bring all worlds to unison. Shut your eyes, lean, and
listen; you may hear a mighty army tramping by, you may hear the clashing
of innumerable bells, you may hear the blare of trumpets, you may hear the
shouting of a festal multitude, and ever beneath the deepest harmonies the
tattoo of the thundering river-god, the drum-drum-drumming of Lodore.

One cannot wonder that hither in 1802 came Charles Lamb, the lover of
the city's roar, to listen and rejoice. Keats, too, in 1816 came hither and went,
as Lamb went back, a sadder and a wetter man; but it is of Southey and his
two children, his Edith May and his darling Herbert, we think to-day—he
who in the autumn of 1809 heard the same stream saying the same things it
says to us to-day, and who writing to his brother Tom on board the
Dreadnought under date October 18, 1809, said:

'I hope you will approve of a description of the water of Lodore made
originally for Edith and greatly admired by Herbert. In my mind it surpasses
any that the tourists have yet printed. Thus it runs: "Tell the people how the
water comes down at Lodore? Why, it comes thundering and floundering,
and thumping and bumping, and jumping, and hissing and whizzing, and
dripping and skipping, and grumbling and rumbling and tumbling and falling
and brawling, and dashing and clashing and splashing and pouring and
roaring, and whirling and curling, and leaping and creeping, and sounding
and bounding, and chattering and clattering with a dreadful uproar—and that
way the water comes down at Lodore."'

We turned for home; a patch of blue sky shone momentarily above the
purple hollow of sound and foam. And though still 'the forest cracked, the
waters curled,' a sunbeam showered radiance as it flew by moaning
woodland and by silent crag. In the Great Wood all colours of purple, amber,
rose, and amethyst leapt out at the passing of that gleam. One could not but
compare the marvellous and changeful effects of light and colour to those
that, in some enchanted land of mystery, the coloured fires of the wizard of
the pantomime call forth, for our children's amazement.
 Now all near was dark, while far ahead the witchery of the golden
woodland grew. Now Walla Crag stood purple grey, now shone in lucent
silver powdered with larch-tree gold, whilst ever on beyond the woody lane,
Skiddaw, as blue as solid cobalt, rose calmly up into a wandering storm-
white sky. And yet for all this witchery of colour, for all this magic
transformation scene, one vision stayed—that far-off wreath of quiet snow,
—snow that had turned on nearer view to scent and sound, to life and light
and laughter, to power and impassioned loveliness, there in the resonant
chasm of Lodore.

A NORTH COUNTRY NIMROD.

We shall never hear again

On the fell or in the plain
John Crozier's 'Tally-ho!'
Never see him through the rain
And the sun, with might and main
Follow on from crag to crag, while the hounds give tongue below.

Dark the valley east and west,

Clouds are on Blencathra's crest.
The hunter home has gone:
And the Squire they loved the best
Now is carried to his rest—
Eighty years has Death the huntsman followed hard—the
chase is done.

But I think I see him stand—

Rough mountain-staff in hand,
Fur cap and coat of grey—
With a smile for all the hand
Of the sportsmen in the land,
And a word for all the merry men who loved his 'Hark-away!'
 Last hunter of your race!
As we bear you to your place,
We forget the hounds and horn,
But the tears are on our face,
For we mind your deeds of grace,
Loving-kindness late and early shown to all the village-born.

'It's a dark daay for Threlkett is this un, hooiver! T'ald Squire's gone doon!—
girtest Master of t' dogs i' Cummerland sin Jwohn Peel I'se warrant him—an'
a gay tiff aid feller an' aw. Deeth has hoaled him at last; but what, he'd bin
runnin' gaame fer mair nor eighty year noo. He's bin at Maister-o-hunt job
langer nor ony man i' t' whoale counttry, I suppoase, has t' aid Squire. It's
sixty-fowr year or mair sin he took t' horn. Eh, my! bit what a heart he hed!
Kindest-hearted man i' these parts—niver wad let a nebbor-body want for
owt if he thowt he cud dea good by lendin' a hand, and pertikler fond o' t'
barns; school children was fit to be mad wid him on treat-daays. And why
what, he gat scheul-hoose builded, and laid doon a hoondred poond fer
Parish Room, let alean gevin site i' t' village. It's a dark day fer Threlkett, I'se
telling ye, and dogs hes lost best friend and t' foxes t' warst enemy they've
ivver hed here-aboot.'

We were standing by the Druid's Circle on Castrigg Fell, and as the old
yeoman spoke to me I looked across the valley to the great buttressed height
of Blencathra—blacker to-day beneath, by reason of the slight snow
covering on its summit, and saw in its grove of larches the white house, half-
farm, half-mansion, whence the oldest Master of the Hunt, in Britain, had
gone for his far journey. Never again would the men who follow the hounds
pass through the gate of the Riddings, with the fox and the hound carved in
stone on either side of them, to be met and to be greeted by the cheery old
Squire on hunting days; never again, after a long day's hunt, would they
repair to the Farrier Inn or to the Salutation Inn, mid-village, to wait the
coming of the Master 'ere they all 'howked in' to the 'tatie-pot' he had
provided them.

There was a time when all the farmhouses for miles round, and every
cottage home, was glad, because a Threlkeld man had come to his own
again, and I could not help contrasting the gladness of that day, as told us by
Wordsworth in his Feast of Brougham Castle, and Song of the Shepherd
Lord, with the sadness of this day for all the country side, now that another
shepherd-lord had gone unto his own. That shepherd-lord we read

'Was honoured more and more,

And ages after he was laid in earth
"The good Lord Clifford" was the name he bore.'

They were very different men, that shepherd-lord and this our friend, the
Master of the Blencathra Hunt, John Crozier: but both of them had been
reared in the same quiet pastoral scene, and among the same fine race of
shepherd gentlemen. Both had learned the lesson of this mountain side,—

'Love had they found in huts where poor men lie,

Their daily teachers had been woods and hills,
The silence that is in the starry sky,
The sleep that is among the lonely hills.'

Both men had won the hearts of the simple people far and near, and ages
after he is laid in earth, as he will be laid by the side of his beloved wife, in
the Threlkeld Churchyard, men will speak of 't'ald Squire,' and
enthusiastically tell of his hunting feats, and remember how he loved his
native village.

The love of hunting which John Crozier inherited from his father, who
lived at Gate Ghyll Farm on Blencathra's side, and who turned over to his
son the mastership of what were then spoken of as 'the Threlkeld dogs' in the
year 1840, is a passion with our dales' folk which only those who live
amongst them can understand.

The 'varmint' is the natural enemy of the shepherd, and this adds zest to
the day's sport. In our churchwardens' accounts of old time there appears the
item 'A fox head, 21s.,' and though in other chapelries 3s. 4d. appears to
have been the price paid, such a scourge must Reynard have become that the
churchwardens felt they were justified in giving a whole week's wage for the
destruction of one fox. Down at Shoulthwaite and, for aught I know, in other
dales a fox trap of masonry existed till of late years, built beehive fashion
with a hole in the top. If Reynard ventured in to the bait, which was a fine fat
hen, he was a prisoner; try to scale the walls how he might the artful one was
foiled; but to trap a fox goes against the grain. There are certain things in
which our hunt differs from others. Class distinctions are unknown in the
field. The Master of the Hunt knows all by their Christian name. It is a social
gathering from daylight to dark. The luxury of horses, too, is unknown. The
field are all running huntsmen of the type of old Timothy, of whom
Wordsworth wrote, in the year 1800—the childless Timothy who took up his
staff, and with the thought of his last child's death heavy upon him could
nevertheless not refuse the invitation of 'the horn and the hark! hark-away,'
and 'went to the chase with a tear on his cheek.'

On that day when 'Skiddaw was glad with the cry of the hounds,' old
Timothy's daughter Ellen had been dead five months or more, or he probably
would not have followed the hunt, for there is a kind of etiquette that the
hunters in the dales observe, and they would no more go a-hunting within a
month after the death of their beloved, than they would miss going to church
on the Sunday following the funeral. I remember once being asked by a
widower, who was in great sorrow and could not get away from his thoughts,
whether he should take what he knew to be the best physic—a day with the
dogs. I asked, 'What would your wife have said?' His answer came quite
straight: 'She wad hev clapped a bit o' lunch in my pocket, gi'en me ma staff,
shut door upon me, and telt me not to show my feace until supper time.' I
answered, 'That's enough,' and the man was a new being when he returned
from the hunt, more able to wrestle with his sorrows.

The women folk are as keen as their husbands. They tell of a 'woman
body' at Wythburn who, joining the hounds in full cry, and finding her skirts
in the way, stopped, took a knife out of her pocket, and slit her petticoat in
order that with a 'divided skirt' she might the surer be in at the kill. How
keen the men are, is shown by the fact that beginning as youngsters to follow
the drag, and carrying on a love of the sport through the prime of manhood,
they may be still found from 75 to 80 and over, out with the hounds at the
call of the horn. Nay, even when their sight fails them, they will follow, and
it is on record that a veteran whose eyes were failing him and who had the
rare good luck of a vantage ground to see the finish of the hunt, and was so
maddened by the hurried and eager account from his companions of how the
hunt was going, that he cried out 'Hang thur aid een o' mine! I wish that they
wer nobbut out all togidder; I believe I wad see better through t' hooals!'

Fox hunting in the Lake Country tests the sportsman. None but a true
lover of the chase would be content to breakfast and get away with the stars
(as in winter he oft-times has to do that he may get to the heights before the
hounds are loosed)—and, facing all weathers, come back with the stars. He
has to battle with storm and tempest. It may be fine in one valley and a
roaring blizzard on the other side of the mountain. The old veteran, John
Crozier, himself would tell of how he had to lie down on Skiddaw summit in
a sudden and blinding snowstorm, and on more than one occasion he and all
the hunt have suddenly been enveloped in a thick mist, which made
movement almost impossible. And hunting not only tries the heart, it tries
the head. A fox gets 'binked,' as they call it, or banked, and some one must
go up on an almost inaccessible crag to put in the terrier; and a man must
know the country, and the probable run of every fox that gets up in front of
the hounds. There is no earth stopping; only the bields are known, and the
cunning of Reynard is a secret, to be learnt not only by the huntsman and
whip but by every single man in the field. As for the foxes, though the old
greyhound breed that John Peel knew—20 lbs. to 29 lbs. in weight—have
passed away, the little black-legged Irish fox can give a good account of
himself, and from three to five hours and from 25 to 40 miles have not been
an uncommon experience of a run.

At the beginning of last century it was not an unusual thing for the
hounds to be running 'on the tops' through the night, and the legends of the
'whish-hounds,' or 'spirit-packs' of Cornwall and Devon might very well
have been reborn in Borrowdale.

In 1858 took place one of the record runs of the Blencathra pack. The
dogs had had already a good morning's work when at noon a big Skiddaw
fox jumped up in front of them. He tried to shake off his pursuers by the
ordinary hill tactics, but, failing, took to the valley, went by Crosthwaite
Church, through Portinscale and Brandelhow, right up Borrowdale, and over
the Styhead into Westmoreland. The night fell, but the dogs were heard at
Black Hill, marking the fox at an earth. Thence Reynard escaped in the
direction of Lancashire, and next day the hounds and the fox were found, the
latter dead and the former fast asleep under a crag in Coniston. They must
have travelled not far short of sixty miles over the very roughest part of the
Lake Country.

The hounds are trained carefully not to break up their foxes, just as they
are trained as carefully not to worry sheep; and this latter is done by the
farmers walking the dogs in the summer time and taking them, along with
their collies, when they go shepherding on the fells.

The packs are small, but every hound is true as steel. The Blencathra
huntsman generally unkennels about 11 couples, and so keen are they at their
work that three years ago they gave an account of 76 foxes, last year of 46,
and this year, up to date, of 43. But the cost of keeping the pack is very
small. £200 clears all expenses, and this is partly accounted for by the kindly
interest farmers, who are all members of the hunt, take in it, for they walk
the dogs free of charge, and some of them are, in addition, subscribers. Very
anxious are these men, too, to do their best by the dogs. The hounds are
made members of the family, and their tempers and individualities are
studied. A farmer would take it very ill if he did not have the same hound
sent him at the end of the hunting season. This reacts by making a bond of
enthusiastic interest for members of the field in the running of every dog.

Nor can we omit to mention the sense of brotherhood which binds the
hunt together. As there is no separation of class, so there is no separation of
dress; no buttonholes and fine leather boots. The hunting kit is but a flannel
shirt, a pair of trousers rolled up to the knee, over a pair of stout woollen
hose, a Tam o' Shanter, and a rough alpenstock. The poorest can afford that,
and the richest know no better.

Another bond that unites the members of the Blencathra Hunt is the
home-made hunting songs which are sung at the end of the day. There is one
written by a Patterdale yeoman, which has a good ring in it:

'Now who could help but follow when notes as sweet as these
Are sounding through the valley and borne upon the breeze?
Of all the recreations by which our lives are blest,
The chase among the mountains is the purest and the best.'
And there is another favourite written by Harper, one of the roadmen in the
neighbourhood; while Woodcock Graves' immortal ditty, 'D'ye ken John
Peel?' is never better sung than at the annual dinner of the Blencathra Hunt.

I am standing at the Druids' Circle and looking across at Naddle. In the

hollow of the ridge is the school of S. John's-in-the-Vale. I remember that the
old Squire, John Crozier, got his first learning at that school; and that some
years after a poet of more than local fame, John Richardson, became its
schoolmaster. He, too, immortalised the Blencathra Hunt, and one of his best
songs will, for many years to come, echo the 'tally-ho!' of the late Master of
the Hunt:

'The hunt is up, the hunt is up;

Auld Tolly's in the drag;
Hark to him, beauties, git away,
He's gone for Skiddaw Crag.
Rise fra ye'r beds, ye sleepy-heads,
If ye wad plesser know;
Ye'r hearts 't will cheer, if ye bit hear
John Crozier's "Tally-ho!"'

That last line calls us back to the man who has carried on, to a century's
ending, the Mastership of the pack his father gave him in charge.