In Scotland Building Control would take the view that as there was no
alteration to the entrance, such as relocating it then the situation is no
worse and so we couldnt enforce a change.
The planners would take the view that unless the Local Development Plan made
specific mention of improving access then it would not be a material
consideration.
The only other way the Planners could have requested improved access would
be if there were objections say from the Local Access Panel. But even then
Planners tend to rely on the content of the local development plan, in which
case they would notify the applicant of the objection but wouldnt make
access a condition or grounds for refusal.
The point being if you want access to be considered by planners at all in
Scotland then you have to influence the content of the Development Plan.
This might be as simple as having a policy that every developer submits an
Access Statement with their application, which means that you dont need to
wait for legislation to make Access Statements mandatory.
Regards
Malcolm Crate
Access, Building Standards and Housing Grants Manager
Department for Sustainable Communities
Comhairle nan Eilean Siar
01851709325
-----Original Message-----
From: Croft Consultants [mailto:[log in to unmask]]
Sent: 30 June 2005 11:11
To: [log in to unmask]
Subject: Re: [ACCESSIBUILT] level access requirement
Hi Lynn
I am hoping that the DDB will have the affect of forcing the planning
and building control departments to take more care over approvals and
the inclusion of access items especially once the codes of practice are
published.
It still will not solve the problem with self certifiers who ignore
access issues but hopefully there will be a carryover from the affect on
public bodies.
Currently in Wales and Scotland the planning control requires planners
to take notice of access issues but sadly this is not well defined
leaving a loop hole which allows planners to get out of checking access.
Dave
Lynn Jeffries wrote:
>Hi All
>
>Thank you for all responses on this. David, do you think the forthcoming
>duty to promote disability equality will have an impact on this in the
>future?
>
>Lynn
>
>-----Original Message-----
>From: Accessibuilt list [mailto:[log in to unmask]] On Behalf Of
>Croft Consultants
>Sent: 29 June 2005 10:35
>To: [log in to unmask]
>Subject: Re: [ACCESSIBUILT] level access requirement
>
>Hi
>yes they should have picked up the step, see part M 2004 secn 0.9. page 13.
>approval for access is not a separate item, however, planning
>departments often leave compliance checks to building control as the
>argument is that building regulations do not apply to planning. This is
>because Part M is the first part of the building regulations which
>actually applies to planning and is used as a get out for not doing the
>checks.
>Dave
>
>Lynn Jeffries wrote:
>
>
>
>>Dear All,
>>
>>Can someone advise me on this, please? A new sandwich shop has opened
>>in the city centre. Apparently some £65,000 has been spent on the
>>refurbishment they’ve installed an accessible toilet and the whole
>>interior is now on one level with sloped access to the loo areas. But
>>a wheelchair user still can’t get in because there is still a step at
>>the entrance!
>>
>>The planning department say they had not addressed this issue because
>>the owner had not requested approval for access, just the interior
>>alterations. Their representative said they didn't have the resources
>>to suggest or insist that they applied by the DDA legislation. All
>>they had to do was to "sign off" the work he proposed.
>>
>>Can this be right? Surely not….
>>
>>Many thanks
>>
>>Lynn
>>
>>----------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----------
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>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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>
>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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