Ian Streets of About Access Ltd explains how diverse developments require a separate set of procedures when considering accessibility…
The variances which may give rise to confusion over design standards for dwellings can be different again when it comes to other buildings. Properties other than dwellings are covered by a separate set of procedures, which is important to bear in mind when you’re designing such projects as business and leisure premises.
For mixed use developments which bring together a combination of residential properties and buildings other than dwellings, it follows that a combined approach is called for.
With dwellings, the accessibility requirements are a planning matter. Approved Document M of the Building Regulations sets out the different standards and some guidance on how to achieve them, but the decision on which standard will apply to a particular development is set as part of the local plan.
That plan is produced by the planning authority and approved by the government – Planning Inspector, with the effectiveness of the access provision being interpreted by Building Control or the Approved Inspector.
But the Local Plan, in respect of Building Regulations, doesn’t come into play with buildings other than dwellings. In such circumstances, it is purely for building control or the Approved Inspector to decide whether the design meets the standards. They will not necessarily expect the designers to adhere to the guidance within Approved Document M, but they will ensure that any alternative approach still meets the requirements.
The need to consider the different procedures for buildings other than dwellings is becoming more important given the increase in mixed-use developments. The attachment of conditions to ensure a housing project also provides a planning gain means that developers and designers need to consider how to meet the accessibility requirements of such amenities like schools, sports and leisure facilities and private and NHS medical centres.
Other developments place residential units alongside or above shops and offices. A car park which is purely for residential use would be covered by the requirements as they stand for dwellings, but the arrangement would be different for a car park which is also used for the other premises.
The increasing popularity of urban living adds another dimension as more commercial space is converted into apartments. A supermarket, restaurant or office suite on the ground floor would fall under one set of procedures while the other would apply to the apartments on the upper floors.
A project which we worked on in London provided ground floor retail with office space upstairs, and we ensured it met the requirements for buildings other than dwellings. But because the same development also had apartments at the rear, we also had to make sure it complied with the Local Plan (Supplementary Planning Guidance) for that part of London.
Perhaps the most significant point is that commercial buildings are governed by the provisions of the Equality Act in relation to a property’s physical features, whereas dwellings are not.
What the Equality Act says is that a service provider should, as far as possible, anticipate the barriers that a disabled person may face on using their service. They should make reasonable adjustments to overcome the anticipated barriers, and to prevent discrimination against a particular individual arising from a physical feature of the premises or a policy of the organisation.
There is a common view that legislation is toothless, and discrimination against disabled people never leads to court action. However, there is plenty of evidence to show that court cases have arisen around access issues facing employees, and the reality is that many actions are settled out of court because of cost and the fear of adverse publicity.
There is also a perception that good advice about accessibility is expensive and unnecessary. But taking a proactive approach will enable you to demonstrate that your premises are accessible, and you have carried out due diligence. It can save you the cost of defending claims, and it will help you build your business by enabling you to welcome more disabled people as customers.
About Access provides services concerned with accessibility for disabled people. Our aim is to help organisations avoid costly and damaging conflict by ensuring that their premises are accessible. We also work to make sure staff are properly trained and recognise how things can be disabling to customers and colleagues as individuals whose requirements and treatment are key to the well-being of a business.
Managing Director Ian Streets is a member of the National Register of Access Consultants, the Access Association and Network Rail’s Built Environment Access Panel (BEAP) and as such works with BSI Standards — the UK’s national standards body — to advise on appropriate designs for buildings and their surrounding areas.
If you want to know more, or you have a question or concern, please contact us at info@aboutaccess.co.uk
Ian Streets
About Access Ltd
info@aboutaccess.co.uk
Please note: this is a commercial profile