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Requirement for Design and Access Statement for Planning approvalFrom 10 August 2006, all planning applications not included in the categories listed below must be accompanied by a Design and Access Statement. This includes all applications for listed building consent."Section 42 of the 2004 Act substitutes a new section 62 of the 1990 Act and amends section 10 of the Listed Buildings Act so as to provide that a statement covering design concepts and principles and access issues is submitted with an application for planning permission and listed building consent. Section 42 also inserts a new section 327A into the 1990 Act, which prohibits, among other things, a local planning authority from entertaining an application unless it is accompanied by a design statement and an access statement, where required." Categories not included in the new requirement are: engineering and mining operations development of an existing house or development within the curtilage for any purpose incidental to the enjoyment of the dwelling-house (except for dwelling-houses in a conservation area); a material change of use of land or buildings; advertisement control, tree preservation orders; storage of hazardous substances. Some local authorities may, under local regulations, require design and access statements for some of these categories. The purpose of the Design and Access statement is to explain and justify the design and access principles and concepts on which a development proposal is based, and explain how these will be reflected in individual aspects of the scheme. The intention is to consider and to integrate design and access elements into developments at an early stage. Although internal design specifications are not currently required under the national regulations, local authorities are empowered to create their own requirements and local authorities such as Manchester, do require an overview of internal specifications at planning stage. The DCLG (Department for Communities and Local Government) also recommends that design and access statements are used at pre-application discussions with planners and building control officers. MDPAG recommend following this strategy wherever possible as the access requirements for internal features, such as accessible lifts, accessible toilets, corridor widths and accessible space for other functions within a building, may affect the overall size, layout and design of the building. It is likely to be much more cost effective to consult and consider access barriers and their removal at the earliest stages of any development or refurbishment, rather than to attempt to change features at a later stage of the construction or refurbishments. Design and Access Statements, including Access Statements required by Part M of the Building Regulations, will also provide a record of decisions taken and their reasons, which may be helpful if further access improvements are considered in the future or where there is a challenge to the provision of accessible services under the Disability Discrimination Act. |
Requirement for an Access Statement for Building Control approvalAccess Statements are required under Part M of the Building Regulations for Building Control approval for all non-domestic buildings, extensions & material alterations & to non-domestic buildings & material change of use to buildings. This includes listed buildings.Where specifications are worse than, different to, equal to and better than Part M, and alongside an outline of access issues relating to the development, the Access Statement should set out the reasons for departing from any guidance and its rationale. Why are Access Statements required?
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IntroductionThe DRC, in its initial guidance on Access Statements, provided a coherent approach to the development of Access Statements, ensuring that Statements are developed through 4 stages. MDPAG recommends following this strategy, including Design and Access Statements, to ensure that the information is followed through and updated as required and providing key documentation for building managers.Specific content to be covered in Design & Access Statements
How to write and assess a Design and Access StatementThere are no specific templates or formats required under the legislation. MDPAG can provide advice and templates to assist in the development and writing of Design and Access Statements at all stages, and for all sizes of project. We can also assist with the assessment of Design and Access Statements by Planning Officers, Building Control Officers and Approved Inspectors and provided training and briefing sessions and draft templates. The Disability Rights Commission (DRC) and ourselves recommend following 3 - 4 stages in the preparation and development of Access Statements, depending on the size of the project. This will avoid having to produce different statements at different stages of the project and will make it easier to update.
Download a flowchart of the Access Statement process - in PDF format Comments on the CABE guidance documentAlthough it provides a basic approach to developing and assessing Design and Access Statements and has some very useful suggestions, the intention of the Circular 01/06 is to provide an integrated approach to design and the involvement of local communities. It should also reflect the local context to avoid the exclusion of particular communities.The CABE document, in our view, doesn't provide sufficient guidance on consulting with disabled people and disabled people's organisations, including access groups. It also doesn't provide access guidance integrated with each one of the design elements. "One statement should cover both design and access, allowing applicants to demonstrate an integrated approach that will deliver inclusive design, and address a full range of access requirements throughout the design process." Designers should also be aware that there are access barriers in many of the accompanying images in the document. Although this process is new to many planners and designers, MDPAG and other access advisers and disabled people's organisations, will be able to assist in identifying key access issues relating to design and the removal of barriers and to help promote best practice for all new developments and refurbishments. |
Stage 1 - The Strategic Level Access StatementThis process has been adapted to include the requirements of the design and access statement.Stage 1 should cover the underlying policy and approach to access, with particular reference to disabled people, which will inform all stages of the building, design, construction, management and maintenance, including initial conception to completion and into occupancy. It should include:
Stage 2 - Design and Access Statement (for initial Planning & Building Control applications and pre-application discussions)This includes the initial overview of the design of the project including required for initial planning and building control applications. For some developments, including smaller projects, this stage can be merged with Stage 3. It should include:
Stage 3 - Access Statement (for design decisions & Planning and Building Control approval and permission)The Stage 3 Access Statement should be updated as projects develop and change, and considered as an audit trail of design and access decisions. Regular consultations with disabled people's access groups and access consultants should help to avoid costly adjustments that may have to be made late in the project developments or at occupancy stage, to meet access requirements. This stage includes designers, specialists, sub-contractors and developers and should include:
Stage 4 - Access Statement (for occupancy & management)The Access Statement should be maintained and updated by building managers or other appropriate staff, along with health and safety records, as a record of access decisions and to ensure an ongoing commitment to maintaining accessibility. They could include further access audits, decisions taken as a result of complaints and management and maintenance policies, procedures and information. They should also be included in Access Action Plans, drawn up to meet the requirements of the Disability Discrimination Act. Statements should include:
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| MDPAG has developed a linear flowchart
identifying the Access Statement process, based upon the DRC
model. Download a copy of the Flowchart showing the Access Statement process, in PDF format Link to Adobe website for Acrobat Reader |
MDPAG can provide draft templates and
checklists to help develop, write or assess Design and Access Statements for
all sizes of projects. MDPAG can also provide training on the development and the assessment of Design and Access Statements and Access Statements and the underlying issues of inclusive design and best practice access standards. For more information, contact MDPAG's office at admin@mdpag.org.uk |
last updated 4.01.08