Good

day Mr. Boles

The planning system fundamentally
fails to prevent discrimination for people with
mobility issues. I have contacted many government
departments over a particular planning consent and
have been advised only the ombudsman can investigate.

The ombudsman does not have the authority to change
planning consent or building control approval.

You state on your reply dated 27th September 2013 ref
TO 025807/13: The government is clear that localism
and decentralisation are at the heart of of their
planning agenda and the Secretary of State only gets
involved in a small number of applications where
issues of more than local importance arise.

Localism and decentralisation do not appear to be
working as you believe they should. Please see the
attached letter from South Tyneside building control.
The intention is clear to allow a new development be
built without regards to building regulations (
approved document M ) and the Equality Act 2010 .

South Tyneside building control are proposing to
grant planning permission for this new development
which includes first floor office space but no lift
as required by approved document M. The reasoning
behind this is flawed and is simply described as a
management plan which will allow employees to work
from home, in actual fact it will force people with
disabilities to do so as there will be no means of
access to the building.

There are no constraints to the site. The fact is
this development is too large for the site, hence,
only 5 car parking spaces are proposed for the full
development of 5 shops / 5 dwelling houses and an
office.

Approved document M: 0.21 Where alternative solutions
are proposed, the onus remains with the applicant to

demonstrate that those solutions are appropriate and

meet the requirements, for example by showing that it
is equivalent to the provisions set out in this
Approved Document. This should include the use of
appropriate research evidence or reference to
recognised British Standards as necessary to support
the chosen approach. It is advisable to ensure that
the appropriate level of provision is agreed with the
building control body prior to commencing building
work, as retrospective alterations can be costly and
disruptive.


Simply stating staff will be allowed to work from
home does not demonstrate equivalent provision as
required by Approved Document M.

If allowed to go ahead and be built without a lift to
the first floor office this could set a legal
precedent which would effectively allow other
buildings to be built excluding persons with mobility
issues. I therefore urge the Secretary of State to
now intervene and prevent the building of first floor
office space that excludes persons with mobility
issues and the possibility of a precedent being set.

Regards Len Lowther