Proposed Mixed use development at Marine Walk

former Jobes Caf

Marine Walk
Roker SR6
0PL

Planning Application Reference 13/00249/FUL


For Leonard Lowther


28
th
June 2013
Page 2 of 9



1.0 Project scope

To provide an access assessment of the above development with regards to the
provision of access to the units and external facilities.

2.0 Exclusions

The rights of third parties under the Rights of Third Parties Act are specifically
excluded.

3.0 Planning Application

The Councils master plan for Marine Walk reference 6.2 Equality and diversity
states that
A key objective of this master plan is to create an area which is physically
and intellectually accessible. The design team sought to go beyond the
minimum standards of accessibility as set out in the Disability
Discrimination Acts 1995 and 2005.
It should be noted that these Acts and the later Single Equalities Act 2010 that
replaced them do not contain any specific design guidance in the way that the
Building Regulations and British standards do. These acts make it unlawful to
discriminate against disabled people in the delivery of services education transport
etc.
The Master Plan states that a design and access statement may be required
indicating how the proposal fulfils the requirements of this master plan.
The design and access statement submitted in support of this application does not
make any reference to how the above objective or compliance with the council
planning policy has been fulfilled.
It does state that One of Fitz Architects main aims is to provide inclusive access for
all within all of the buildings we design. This approach is not evident from the
application documents for the development.
The proposed development is not physically accessible. There are steps into the
commercial units on the ground floor, steps up to the external seating area (A
unique facility) and the offices and residential units at first floor are not accessed by
steps. No ramping to the ground floor units is evident and a lift is not proposed to the
upper floor units (see assessment table).
This will exclude wheelchair users and give rise to discrimination. None of the steps
are designed to an ambulant standard for ease of use by ambulant disabled people
(see assessment table).
Page 3 of 9



Supplementary planning guidance Development Control Guidelines
Adopted on 21st June 2000
10 Shop fronts
Ref 10.2 Access for Disabled People states that
All new build shops must be fully accessible to disabled people, with level
thresholds and wide doorways. When installing new shop fronts to existing
buildings, including listed buildings, opportunities should be taken wherever
possible to remove and reduce steps whilst taking into account the
character of the building and the area. In any event, the general level of
access provision should not be reduced by the proposals. These features
also help elderly people and those with young children (see also Section
17)
The approved development does not conform to this policy
17 Access for the disabled
Ref 17.2
a. Applications for the development of, and where practicable and
reasonable the change of use, alteration or extension to, buildings open to
the public and buildings used for employment and education purposes will
be required to provide suitable access for people with disabilities (see
Policy T11). This includes most types of buildings other than residential
ones. Advice on access to shops is given above in Para. 10.2)
b. Applications for development will be expected to at least meet the
minimum standards set out in BS 5810 and DOE guidance such as The
Building Regulations 1985: Approved Document on Access for Disabled
People (HMSO 1987). These are seen as a minimum and designers are
encouraged to improve on them.


BS5810 and the Building Regulations 1985: Approved Document on Access for
Disabled People have been superseded. It is our understanding that the City
Council now uses the latest version of the Building Regulations Approved Document
M when assessing planning applications. If this is the case the approved
development does not conform to this policy.
It should be noted that the internal arrangements of buildings are not an issue for
planners. These are covered by the Building Regulations and assessed in any
application for Building Regulations approval.
The submitted Design and Access Statement does not provide any indication of how
the proposal fulfils the requirements for intellectual and physical access identified as
a key objective of the Councils Master Plan for Marine Walk or any justification for
the lack of physical access.

4.0 Building regulations-Approved Document M (see assessment sheets)
The requirement of the Building Regulations is for reasonable provision to be made
for people to gain access to and use the building and its facilities. The requirements
included in the Current Approved Document M have been the subject of a regulatory
impact assessment and the associated direct and indirect costs were not identified
as an issue that would preclude their introduction.
Page 4 of 9



The approved Document M shows one way of complying with the regulations
alternatives may be acceptable provided these are justified in the access statement
ref Building Regulations Approved Document M 0.20-0.28. Paragraph 0.23 gives
some examples of evidence that might be cited to support an alternative approach.
These include none of these has been presented in the planning stage design and
access statement and it seems very unlikely that they would applicable. There may
however be other factors that justify the lack of physical access to the approved
development that will be detailed in the Building Regulations Access Statement.
Access to ground floor units
The approved document requires level or ramped access this is not indicated on the
proposals. There should be no single steps.
Access to upper floor units
Approved Document M is very clear in recommending a lift in all buildings of two
storeys or more to provide inclusive vertical circulation for all buildings users.It also
states that it is anticipated that designers will, other than in exceptional cases, meet
the requirements of the Building Regulations by following the guidance in Approved
Document M.
In respect of lift provision the LABC has issued a guidance document A Best
Practice note on application of Building Regulations- A Guide to vertical circulation
in non domestic buildings to help building control officers assess the need for and
type of a lift that is required. (See assessment sheet)
Adoption of the approach detailed in this document would support an approach that
deviates from that indicated in the Approved Document M. However in this case the
document would indicate the provision of a lift. (See assessment a sheet)
This document states that
it is important to remember the intention of the building regulations is that
all new and existing non domestic buildings that are materially altered or
extended are accessible to all.
that it is important to consider the ramifications of not providing a lift in
relation to equality issues around employability and the potential
discrimination that may result
and


at all times it is important to consider whether the lack of any mechanical
vertical circulation will prejudice any of the buildings users or occupants

The LABC guidance refers to allowing for future installation of a lift where the guide
indicates lift access is not reasonable. However if this approach is adopted it would
not address the Building Regulations requirement for accessible circulation, sanitary
and refreshment facilities (shared use) that would also be required if access for
wheelchair users is provided.

It is our understanding that there would be no local authority power to enforce the
installation of the lift or other accessible facilities once the Building Regulations
completion certificate has been issued and that the Local Authority will not be able
control the type of office services offered from the offices and how many employees
occupy them unless such change required a Building Regulation application.
Page 5 of 9



Once this development has Building Regulations Approval a 10 year exemption will
apply to any claims made under the Single Equalities Act 2010 that results from
discrimination arising as a result of any feature of the development that has been
approved by the Building Control Authority. This means that disabled people who
might experience discrimination in accessing any services proposed to be offered
now or in the future will have no redress until the 10 year exemption has expired or
the feature that gives rise to discrimination is not one covered by the building
regulations.

The internal arrangements currently do not indicate access for wheelchair users or
ambulant disabled user. E.g. Adequate Leading edge clearance at office door
sanitary provision and shower provision. Although this is not planning issue it would
need to be consider at the Building Regulation Application stage

5.1 Conclusion

It is our view that the approved development is not inclusive and

that the lack of access will significantly disadvantage many disabled people

make it very difficult for service providers and employers to meet their
obligations under the Single Equalities Act and defend any claims made
against them.

does not provide equality of access to employment and services.

restricts employment opportunities for people with ambulatory disabilities.

does not meet the council policies regarding access for disabled people and
the Design and Access statement does not describe how the proposal meets
the councils policies or any justification for not doing so .

is not compliant with the Building Regulations Approved Document M and
associated guidance documents.
Page 6 of 9





Assessment of need for and type of lift provision

Building Regulations Approved Document M Notes/Comment
Feature Requirement BRegs
ADM
ref
Requirement
Lift access building other
than dwellings
New Buildings require a passenger lift 3.24 a) The LABC has issued guidance on the assessment of the
need for and type of lift access
In exceptional circumstances a platform
lift may be acceptable in new buildings
3.22 The LABC has issued guidance on the assessment of the
need for and type of lift access.
A platform lift where site constraints
preclude the provision of a passenger
lift
3.24 b) The LABC has issued guidance on the assessment of the
need for and type of lift access.
Lift access building other
than dwellings
A lift may not always be provided 9.1 and
9.2
See also 6.1 -6.2
LABC guidance note A Best Practice note on application of Building Regulations - A Guide to vertical circulation in non
domestic buildings.
Assessment by floor area occupancy and no of storeys
Below 50sq m, less than 5 people 2 storey
Minimum provision is an ambulant accessible stair.
The office space is 94sqm plus a separate office of approx
65sqm giving a total of 159sqm of office space and 8 work
stations are shown. No sanitary or other ancillary spaces
are shown in the smaller office. As the office units do not
have separate access or ancillary facilities. It could be
argued that area served exceeds 100sqm (see note 2
below). This indicates a requirement for a full passenger lift,
irrespective of this one office is in excess of 50sq m and has
8 work stations which would still indicate a need for lift
access. In addition the planning approval and delegated
decision report (ref condition 5) states that no more than
240sqm of internal floor space at first floor be used the
purposes of class B1 which includes offices.
Between 50-100sq m 5-20 people and 3-4 storeys
Minimum provision is an ambulant accessible stair and either a full
passenger lift Platform Lift or goods lift.
More than 100sq m
Minimum provision is an ambulant accessible stair and a full passenger
lift.
Page 7 of 9




Additional factors that should be considered
Floor space does not contain a unique facility The facilities at first floor are unique there are no office or
associated spaces at ground floor that could be used to
serve the needs of disabled people
The constraints of the building preclude alterations, particularly if it is of
historic interest
Only applies to existing buildings. Any constraints have
been design in.
Means of escape provision may not be achieved due to floor space/layout
constraints
Only applies to existing buildings
As this is a new development means of escape for all users
should be integrated into the design.
Whether there is public access There is public access
Nature of business precludes the use of
persons with significant ambulatory difficulties
This is not the case
Whether there is effective full time management in place It is difficult to see how full time management could address
the lack of lift access.
Whether space constraints of a site limit provision of a lift The design could have incorporated lift in the common stair
well or elsewhere. Any spatial constraints in the proposed
building have arisen as a result of design decisions
Unique facilities including an accessible WC could be provided at an
accessible level
This is not the case
Whether there will management arrangements to address the needs of
disabled employee and visitors
It is difficult to see how management arrangement could
address the lack of lift access. Especially for disabled
employees.
Restriction of means of escape routes i.e. stairlifts Only applies to existing buildings
Stair lifts are not an acceptable means of access in new
building
The LABC document also refers to Design for future provision of lift access
e.g. provide knock out floor panels lift installation
The internal facilities and spatial arrangements would need
be accessible to avoid discrimination should the conditions
used to justify non provision of lift in the access statement
no longer apply and a lift be installed. However the LA will
not have powers to enforce the installation of a lift or other
alteration unless the change would require a further
Planning or Building Regulation application. The planning
Page 8 of 9






Notes
1. The delegated decision report states that the cost/maintenance cost cannot be justified by such a small commercial units. However
these are not given as addition factors to be considered in the LABC Best Practice note referred to above. It is our understanding that
the revision of the Building Regulations that introduced the current requirement for lift access was subject to a regulatory impact
assessment and the cost of lift access and maintenance cost were not identified as an issue that would preclude this requirement being
introduced into the approved document.
In addition the planning application documents contain no information to support this statement.

2. The LABC best practice not does not indicate how the floor area should be calculated however given that there is a common access we
would argue that the total area for non domestic use be the relevant area.
approval allows up to 240sqm of office space





Assessment against Building Regulations Approved Document M
Feature Requirement
Buildings other than
dwellings
BRegs
ADM
ref
Requirement
Dwellings
BRegs
ADM
ref
Requirement
Flats
BRegs
ADM
ref
Approved Proposal Notes/comment of proposed provision
Approach Applies to route to offices
at upper level to
1.6 -
1.12
Assumes that the lift will be installed
Width Min1500 with 1800x2100
passing places
1.13 a)
and b)
Min 900 Approx 1000 no
passing places
indicated
Too narrow for two way traffic 1500 with passing
places will allow for wheelchair users access and
passing
Access to building Retail units at ground
floor

Ramped Provide ramped
alternative
1.33 None No ramped access Excludes all wheelchair users and makes access
for ambulant disabled people and people with
children in buggies etc very difficult
Steps No single steps 1.33 g) Single? step access
to retail units

Steps/stair Access Shared access to offices,
dwellings and to external
seating area

Stepped access Ambulant stair Ambulant stair Ambulant stair Not provided
Width at treads 1200 surface width
between strings walls or
any obstructions
1.33 f) 900 6.17 a) Approx 1000 Too narrow for ambulant disabled users and
people assisting another person or children or
with guide dogs. Increasing the width would
narrow the remaining space for access past the
steps to the rear of the units.
Max no of risers or rise of
flight between landings
12 if going below 350
18 if going above 350
1.33 h) 1800 max rise between
landings
6.17b) No requirement given 9.3 17 risers and rise
exceeds 1800mm
Additional landing will have spatial impact
Landing length 1200 1.33 b) 900 6.17 c) In accordance with part
K1
9.5 b) Provided but no
intermediate landing
indicted
Riser 150-170 1.33 l) 75-150 6.17 d) Max 170 9.5 c) Difficult to assess
accurately from the
drawings. Going
definitely below 350
150 risers are easier for all to manage especially
children and ambulant disabled people.
Going 280-420 1.33 m) 250 min 9.5 d) The larger the goings the easier it is to rest
between landings.
Handrails Both sides 1.33 o) One side if 3 or more
risers
6.17f) Both sides if 2 more risers 9.5 f) Only one provided Makes access difficult for user with handed
impairment e.g. person who has had a stroke.
Extending 300 beyond top
and bottom nosing
1.37 d)
& Dia 5
Extending 300 beyond top
and bottom nosing
6.17f) Extending 300 beyond top
and bottom nosing
Not provided
Corduroy tactile warning
surface
Provide at top and bottom
of flights
1.33 c) Not evident from
application documents
Wheelchair users should not have to wheel over
this when passing the foot and head of the steps.
Alternative accessible
route ramp or lift
Provided an alternative
ramped or lift access. if
total rise is more than 2m
1.26 d) None Not alternative
provided to steps
access to upper floor
or the external seating
(a unique facility)
See separate assessment sheet
Ramping not likely to be practical to upper floor
There is a very steeply graded route from the
road above the site but this is too step to provide
a reasonable level of access
Lift access would have advantages for all users
including residents of upper floors with young
children (Pram access)
Notes
1 The above comments are based on assessment of features that might typically be shown or be evident in planning application documents the Building Regulation Approved Document M provides more detail
guidance on other features of stairs, handrails and surfaces etc and covers many more elements and features of buildings.


Page 9 of 9