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Subject:

Re: Housing Associations and DDA 2

From:

John Gregory <[log in to unmask]>

Reply-To:

Accessibuilt list <[log in to unmask]>

Date:

Mon, 29 Nov 2004 08:55:13 -0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (378 lines)

Hi Dave,

Only if they are available to the general public and not restricted to
tenants.  If those areas you mention offer a service to anyone in the wider
community then Part III applies.

John.

John Gregory
Access Officer
Cherwell District Council
Tel. 01295 221630
Email. mailto:[log in to unmask]
<mailto:[log in to unmask]> 



		-----Original Message-----
		From:	Croft Consultants [mailto:[log in to unmask]]
		Sent:	27 November 2004 12:44
		To:	[log in to unmask]
		Subject:	Re: [ACCESSIBUILT] Housing Associations and
DDA 2

		Hi All
		in for another
		I would think that communal parts of a sheltered housing
complex(e.g. 
		laundrette, cafe, shop, swimming pool, gym, garden etc)
would be Part 
		III even though they are only open to residents because
these are part 
		of a service offered by the operators. Only the actual
rooms/  flats/  
		bungalows and corridors are treated as housing. For
emergency and 
		evacuation the complex is treated as Part III.
		That is the way sheltered housing operators are expected to
perform  in 
		our county.
		Dave

		Al Hunt wrote:

		>Here's my two pence worth on this.....
		>
		>Our sheltered housing is treated the same way as any other
dwelling...
		>
		>If a resident requires any adaptations in order to access
their home,
		>then these are carried out on a one to one basis. Just the
same as any
		>other householder would under the adaptations grant scheme.
		>Visitors would thus be the same as anyone visiting you or I
at home. Not
		>covered by the Act.
		>Communal areas are accessible to the residents and if they
have a
		>concert or bingo then they are all able to participate. I
suppose that
		>visitors who enjoy the same concert or bingo would be
covered by Part
		>III because it is then a service. I suppose whoever is
responsible for
		>managing the communal part of the complex has a duty
therefore under
		>Part III. (The Housing Association or the Council. What if
the communal
		>room is considered part of the collective home though. EG
what if you
		>were to hold a wedding party in a marquee in the grounds of
your
		>home?... The mind boggles
		>
		>Alan
		>-----Original Message-----
		>From: Accessibuilt list
[mailto:[log in to unmask]] On Behalf
		>Of John Gregory
		>Sent: 26 November 2004 12:08
		>To: [log in to unmask]
		>Subject: Re: Housing Associations and DDA
		>
		>
		>Helen,
		> 
		>No problem regarding passing on comments.
		> 
		>John.
		> 
		>
		>-----Original Message-----
		>From: helen kane [mailto:[log in to unmask]]
		>Sent: 26 November 2004 11:30
		>To: [log in to unmask]
		>Subject: Re: [ACCESSIBUILT] Housing Associations and DDA
		>
		>
		>
		>Thanks all, good to see people interested in the subject.
		>
		>Does anyone think it appropriate to pass these comments
onto the DRC and
		>see what they have to say about it?  They're really keen to
clarify.
		>The RICS working party would also be very interested.  I
need consent
		>before I can pass info. on of course. 
		>
		>Any clarity for surveyors would be appreciated,
particularly as some
		>landlords have been serving notices on tenants to undertake
often
		>unecessary and very expensive (eg £50k for a small
shop)works under the
		>"DDA" banner. Most have no idea of the difference between
parts II and
		>III, particularly in retail, let alone common v communal,
multi-user
		>areas and the lack of "public" definition. 
		>
		>Perhaps an article?  
		>
		>Helen
		>
		>  
		>
		>>From: david croft <[log in to unmask]>
		>>Reply-To: Accessibuilt list <[log in to unmask]> 
		>>To: [log in to unmask] 
		>>Subject: Re: Housing Associations and DDA 
		>>Date: Fri, 26 Nov 2004 10:57:41 -0000 
		>>
		>>Hi All
		>>As Marcus says I.m willing to stick my oar in. 
		>>
		>>The way I look at it in places like residential homes we
need a two 
		>>level
		>>    
		>>
		>definition 
		>  
		>
		>>1. communal areas - areas where residents and their
invited guests and
		>>    
		>>
		>relatives have access, but are not open to members of the
general
		>public. 
		>  
		>
		>>2. Common areas- areas which are used by non-residents or
non-employees
		>>    
		>>
		>
		>  
		>
		>>of
		>>    
		>>
		>the owners (be they a NHS, Housing Association or the
residents
		>themselves.)
		>
		>  
		>
		>> 2- common areas would be covered by Part !!! and where
relevant Part 
		>>II
		>>
		>>1. communal is more problematic. as
		>>if residents are paying for a the 'service' (out of their
pocket,
		>>    
		>>
		>insurance
		>payments, NHS payments etc.) i.e. they are paying more than
would be
		>charged for their personal rooms, surely the building
operators are
		>providing a service and the communal areas would then be
part of the
		>'service' provided by the operator to residents and thus
fall under Part
		>III. while the personal rooms would be residential and fall
under
		>Building Regulations Part M sections 6-10. 
		>  
		>
		>>with Marcus post box comment, the way I see it -
		>>if they are purely for incoming mail which is sorted by
the building
		>>    
		>>
		>operator's employees Part II would apply to their
employees, if
		>residents have to go to a specific pick up point for their
box, it is a
		>service and should be covered by Part III. All at the cost
of the
		>operator. 
		>  
		>
		>>if the boxes are provided by management and a post office
employee 
		>>sorts
		>>    
		>>
		>the mail into individual boxes this would be Part III again
at the
		>operator's expense. 
		>  
		>
		>>if the boxes are provided by the post office this would be
part II for
		>>    
		>>
		>their employees and Part III for the residents as this is a
service. 
		>  
		>
		>>An outgoing mail box is the post office responsibility and
a Part III
		>>    
		>>
		>service. 
		>  
		>
		>>Dave
		>>
		>>
		>>----------End of Message----------
		>>
		>>Run by SURFACE for more information on research,
consultancy and the
		>>    
		>>
		>distance taught MSc. in Accessibility and Inclusive Design
programme
		>visit: 
		>  
		>
		>>http://www.inclusive-design.it
		>>
		>>Archives for the Accessibuilt discussion list are located
at
		>>    
		>>
		>http://www.jiscmail.ac.uk/lists/accessibuilt.html 
		>
	
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>________________________________________________________________________
		>----------End of Message---------- 
		>
		>Run by SURFACE for more information on research,
consultancy and the
		>distance taught MSc. in Accessibility and Inclusive Design
programme
		>visit: 
		>
		>
		>http://www.inclusive-design.it 
		>
		>
		>Archives for the Accessibuilt discussion list are located
at
		>http://www.jiscmail.ac.uk/lists/accessibuilt.html 
		>
		>
		>This e-mail is confidential and may contain legally
privileged
		>information.  You should not disclose its contents to any
other person.
		>If you are not the intended recipient, please notify the
sender
		>immediately.
		>
		>Whilst the Council has taken every reasonable precaution to
minimise the
		>risk of computer software viruses, it cannot accept
liability for any
		>damage which you may sustain as a result of such viruses.
You should
		>carry out your own virus checks before opening the e-mail
(and/or any
		>attachments).
		>
		>Unless expressly stated otherwise, the contents of this
e-mail represent
		>only the views of the sender and do not impose any legal
obligation upon
		>the Council or commit the Council to any course of action.
		>
		>
	
>________________________________________________________________________
		>This e-mail has been scanned for all viruses by Star. The
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>________________________________________________________________________
		>
		>----------End of Message----------
		>
		>Run by SURFACE for more information on research,
consultancy and the
		>distance taught MSc. in Accessibility and Inclusive Design
programme
		>visit:
		>
		>http://www.inclusive-design.it
		>
		>Archives for the Accessibuilt discussion list are located
at
		>http://www.jiscmail.ac.uk/lists/accessibuilt.html
		>
		>  
		>

		----------End of Message----------

		Run by SURFACE for more information on research, consultancy
and the distance taught MSc. in Accessibility and Inclusive Design programme
visit:

		http://www.inclusive-design.it

		Archives for the Accessibuilt discussion list are located at
http://www.jiscmail.ac.uk/lists/accessibuilt.html

	
________________________________________________________________________
		This e-mail has been scanned for all viruses by Star. The
		service is powered by MessageLabs. For more information on a
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		anti-virus service working around the clock, around the
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________________________________________________________________________

This e-mail is confidential and may contain legally privileged information.  You should not disclose its contents to any other person.  If you are not the intended recipient, please notify the sender immediately.

Whilst the Council has taken every reasonable precaution to minimise the risk of computer software viruses, it cannot accept liability for any damage which you may sustain as a result of such viruses.  You should carry out your own virus checks before opening the e-mail (and/or any attachments).

Unless expressly stated otherwise, the contents of this e-mail represent only the views of the sender and do not impose any legal obligation upon the Council or commit the Council to any course of action.


________________________________________________________________________
This e-mail has been scanned for all viruses by Star. The
service is powered by MessageLabs. For more information on a proactive
anti-virus service working around the clock, around the globe, visit:
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________________________________________________________________________

----------End of Message----------

Run by SURFACE for more information on research, consultancy and the distance taught MSc. in Accessibility and Inclusive Design programme visit:

http://www.inclusive-design.it

Archives for the Accessibuilt discussion list are located at http://www.jiscmail.ac.uk/lists/accessibuilt.html

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