NSC1 INTRODUCTION This guidance sets out the Council’s physical access standards for disabled people.1Its aim is to promote the use of inclusive design principles and to eliminate disabling barriers in environmental design. There is a need to recognise the importance of placing the usability of buildings at the forefront of design not their aesthetic appearance or a company’s corporate aims. Good design is a combination of all of these functions. Whether or not any building will be fully accessible and inclusive in the way it operates will not be determined solely by the work of its designer but in fact is a product of a range of people. They include those involved in the regulatory process, such as Planners, through to the construction company and how it interprets the designs, to ultimately the people who operate and use it. It this last group who have the greatest control. Each section of the guidance provides the basic functional information required for the topic. More detailed information is contained in the references in Sheet 2. The guidance is applicable to all forms of environmental and construction work, where the public have access, whether or not it will be temporary or permanent. (See Sheet NSC2 for a definition of public access). The suitability of individual Sheets will depend on the exact nature of each scheme. In preparing the information the Council has drawn on national standards, current good practice, and importantly, the views of local disabled people. The guidance uses sizes and dimensions that will result in a “useable” building or open space rather than adherence to a simple technical or manufacturing standard. They are often only the minimum requirements and therefore there is the expectation that they will be improved upon wherever possible. 1.It forms a part of the Council’s Access Strategy NSC2 BACKGROUND DOCUMENTS AND LEGISLATION This section lists legislation, guidance and reference material. It also includes a definition of “public access”. Legislation The four main areas of legislation are outlined that directly influence the provision of an accessible environment in relation to public buildings. Over and above these there will be many associated areas of local authority activity or company practice that should not be overlooked. This is a general summary and it is important that detailed issues are checked either with members of staff at North Somerset Council or by direct reference to the legislation. Access Statements A key feature of any application for Planning or Building Regulations consent is the preparation of an Access Statement which should describe how a building will meet the needs of disabled people. It is required for any application for a building or area of land where there is access by the public. It should set out how provision will be made for disabled people to access the building or the activity. The Statement must be submitted with the initial application. Any Planning application not containing a statement where it is required will be invalidated. A copy of guidance on what information is required and the format is available on the Council’s web page at: http://www.n-somerset.gov.uk/ Town Planning This area of legislation applies to the external areas around buildings, open spaces and the access into buildings. Both external and internal uses can be addressed in relation to housing design. Internal areas are not otherwise the subject of direct control but in making any decision, there is a duty placed upon the local planning authority to pass on any advice, as good practice, which could include issues relating to the internal design of a building. Applications which involve either public buildings or spaces should take account of the need to make provision for access for disabled people. Conditions can be applied to any consent requiring specific works to be undertaken or features retained in the interests of disabled people. Importantly where there is a change of use proposed, e.g. a shop to a cafe', and no building works are actually intended, work to make the building accessible can be required. However, such works must be in scale with the nature of the application and be reasonable and practicable. Building Regulations The Building Regulations is divided up into a series of Approved Documents, alphabetically enumerated. Each one deals with a different subject of building design, and health and safety. Part M related to the needs of the disabled person and covers all buildings. Of relevance in interpreting the guidelines are the various British Standards or EC directives. Of note is that Part B deals with means of escape in the event of a fire, etc. Part M applies to: 1. Newly erected buildings and buildings whose external walls only remain after demolition. 2. Extensions should have independent access to them, where reasonably practicable or alternatively suitable access could be provided through the building to be extended. If sanitary conveniences are provided in any building that is to be extended, reasonable provision shall be made within the extension for sanitary conveniences unless there are suitable sanitary facilities available in the existing building. 3. Where an existing building undergoes a material alteration, the building work must be carried out so that after it has been completed, the building complies with the relevant features of Part M or, where it did not fully comply with any relevant feature, it is no more unsatisfactory than before. 4. Where there is a change of use to a hotel, institution or public building or a shop (a shop includes a restaurant or public house). Other key features include: 1. Educational establishments must comply with the Building Regulations. 2. Purpose-built student accommodation is treated the same as a hotel or motel in terms of space standards and internal facilities. 3. The role of conservation and access officers is highlighted in relation to ensuring historic buildings comply. 4. On the subject of manifestation, Part M supersedes Part N “Glazing - Safety in relation to impact, opening and cleaning”. 5. Regardless of compliance with Building Regulations, there will be obligations under the Disability Discrimination Act for service providers and employers to consider barriers created by physical features of buildings. Highways Acts In addition to the many requirements of the various Highway Acts and the local government legislation that controls this subject area, there are also many areas that are expressed as duties upon the local authority. The design and formal public adoption of roads and footpaths will include standards relating to access for disabled people. Specific schemes may be devised as part of more general footway or road improvements. Importantly, they can seek to specifically raise the standards of the environment directly for the disabled person, for example road safety. The Disability Discrimination Act 1995 The Disability Discrimination Act (DDA) was passed in 1995 to end the discrimination that many disabled people face. It protects disabled people in relation to: * employment * access to goods, facilities and services * the management, buying or renting of land or property * education For service providers (e.g. businesses and organisations): * Since December 1996 it has been unlawful to treat disabled people less favourably than other people for a reason related to their disability * Since October 1999 they have had to make reasonable adjustments for disabled people, such as providing extra help or making changes to the way they provide their services; * From 2004 they have had to make reasonable adjustments to the physical features of their premises to overcome physical barriers to access. For education providers, new duties came into effect in September 2002 under Part IV of the DDA amended by the Special Educational Needs and Disability Act (SENDA). These require schools, colleges, universities, and providers of adult education and youth services to ensure that they do not discriminate against disabled people. Under Part IV of the DDA amended by the SENDA, the duty to provide auxiliary aids, through reasonable adjustment, came into force in September 2003. The DDA also allows the Government to set minimum standards to help disabled people to use public transport easily. To obtain full details of the Acts use the following web pages: http://www.legislation.hmso.gov.uk/acts/acts1995/1995050.htm For the SENDA please use: http://www.hmso.gov.uk/acts/acts2001/20010010.htm Guidance BS8300:2001 Design of buildings and their approaches to meet the needs of disabled people – Code of Practice. This supersedes BS5619:1978 and BS5810:1979. This British Standard provides guidance on good practice in the design of domestic and non-domestic buildings and their approaches so that they are convenient to use by disabled people. The design recommendations are based on user trials and validated desk studies which form part of a research project commissioned in 1997 and 2001 by the Office of the Deputy Prime Minister (ODPM). References 1. K. Bright, S. Flanagan, J. Embleton, L. Selbekk and G. Cook. Buildings for All. CIRIA, Special Publication No. C610, 2004. 2. Peter Baker, Jon Barrick and Rod Wilson. Building Sight. HMSO/RNIB, 1995 3. Department of Transport Mobility Unit. Circular 1/91. The Use of Dropped kerbs and Tactile Surfaces at Pedestrian Crossing Points, HMSO May 1992 4. DPTAC/ Reading University Research Group for Inclusive Environments. Access Directory http://www.dptac.gov.uk/adnotes.htm 5. The Directory is a database of references of accessibility guidance for the built environment. It is only available by way of the Internet web address. 6. The Cinema Exhibitor's Association. Best Practice Guidelines for the Provision of Services to Disabled Customers and the Employment of Disabled People. 3rd Edition. 2002 7. John Gill. Access prohibited? Information for Designers of Public Access Terminals, RNIB 1997. Available at: http://www.tiresias.org 8. Fieldfare Trust. BT Countryside for All: Standards and Guidelines. British Telecommunications PC and the Fieldfare Trust, 1997. 9. Julie Brewerton and David Barton. Designing Lifetime Homes. Joseph Rowntree Trust 1997. Available at: http://www.jrf.org.uk/housingandcare/lifetimehomes 10. Stelios Voutasadakis. Housing for People with Disabilities: a design guide Islington Council, 1989. 11. Lisa Foster. Access to the Historic Environment. Donhead, 2004. Available at: http://www.english-heritage.org.uk/ ?? ?? ?? ??