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Proposed Mixed use development at Marine Walk former Jobes Café Marine Walk Roker SR6 0PL Project scope
To provide an access assessment of the above development with regards to the provision of access to the units and external facilities.
Proposed Mixed use development at Marine Walk former Jobes Café Marine Walk Roker SR6 0PL Project scope
To provide an access assessment of the above development with regards to the provision of access to the units and external facilities.
Proposed Mixed use development at Marine Walk former Jobes Café Marine Walk Roker SR6 0PL Project scope
To provide an access assessment of the above development with regards to the provision of access to the units and external facilities.
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.
(ARBEITEN ZUR GESCHICHTE DES ANTIKEN JUDENTUMS UND DES URCHRISTENTUMS 53) Cilliers Breytenbach, L. L. Welborn-Encounters With Hellenism_ Studies on the First Letter of Clement (Arbeiten Zur Geschichte