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6. DESIGN AND ACCESS STATEMENTS

Context

6.1 One of the Scottish Government's National Objectives, as set out in the Scottish Budget Spending Review 2007, is for "living in well designed, sustainable places where we are able to access the amenities and services we need". In addition to their duties as public bodies under disability discrimination legislation, new section 270B of the 1997 Act states that Scottish Ministers and planning authorities must perform their functions under this Act in a manner which encourage equal opportunities and in particular the observance of the equal opportunities requirements. Ministers recognise the need to deliver inclusive environments that can be used by everyone, regardless of age, gender or disability. Planning's important role in this is emphasised in the policy statement Designing Places and related advice in Planning Advice Note ( PAN) 68: Design Statements and PAN 78: Inclusive Design. The proposals in the consultation paper reflect and build upon the non-statutory requirements to consider design issues.

6.2 Prior to the 2006 Act, there was no statutory requirement for either a design or an access statement to accompany a planning application. Section 7 of the 2006 Act introduces a requirement for prescribed planning applications to be accompanied by a statement explaining:

• the design principles and concepts that have been applied to the development;
• how issues relating to access for disabled people to the development have been dealt with.

6.3 Such a statement may relate to either or both design and access. If both, then these issues can be dealt with in one or two documents. Ministers have powers to set out the form and content of the statement and the range of planning applications where such a statement is required.

6.4 Ministers have not previously consulted on the range of planning applications which should be accompanied by design or access statements or the information they should contain. There are potential resource implications for all parties which include the direct costs of the preparation and submission of a statement but also the costs of ensuring that the contents are appropriately assessed. The range of applications which should be accompanied by a statement covering design or access issues is therefore an important consideration that this consultation paper seeks comments on. These issues are also raised in the accompanying regulatory impact assessment.

6.5 This consultation paper seeks comments on two possible options for requiring statements on design and access issues. In addition it asks whether consultees consider that there are certain classes of applications where the requirement should be limited to only design or access issues.

What is the role of the statement?

6.6 Statements covering design and/or access issues will be required to be submitted with an application for planning permission prescribed in regulation 16. The main aim of the statement will be to inform the planning decision-making process both for full planning permission and for planning permission in principle.

6.7 Statements should ensure development proposals are based on a carefully considered design process and a sustainable approach to access. They should allow the applicant to explain and justify their proposals and help all those assessing the application to understand the design and access rationale that underpins them.

6.8 Design is already a material consideration and it is likely that the nature of the information contained in the statements on design or access would also be a material consideration. As with all applications for planning permission, it will be for the decision-maker to decide what weight should be attached to a particular material consideration.

When will a statement be required?

6.9 As noted above, Ministers are setting out two options on the range of applications to be accompanied by a statement. Although Option 1 is to be found in the draft regulations, Ministers are seeking views on both options.

Option 1

6.10 This would require a statement, taking account of design and access issues, to accompany all planning applications except for certain minor exemptions listed in the regulations. Option 1 seeks to cover all cases where "development" would lead to access by the general public. Statements would not be required for householder developments, mining and engineering operations or a material change of use in land or buildings. The primary benefits of Option 1 include:

• ensuring that design and access issues are considered early in the process for a wide range of applications, leading to better designed and accessible development; and
• giving communities access to information explaining design and access issues for most planning applications.

6.11 However, it could be suggested that the implications of such an approach could include:

• the introduction of a potential additional burden on planning authorities and developers, particularly in relation to minor commercial developments; and
• that for some developments there will be little benefit in preparing a statement and that it could be seen as adding little value.

Option 2

6.12 This option is based upon the current advice contained in PAN 68 which suggests that a design statement may be appropriate for major developments and some minor applications, or small scale developments on sensitive sites. In developing this option, we have sought to link the scope of the new requirement to these criteria. Therefore a statement would be required in two scenarios.

6.13 First, regulations would require that statements covering design and access issues would accompany applications for all national and major developments. The National Planning Framework ( NPF2) will define national developments and separate regulations which set out classes of major development are currently out for consultation. Additionally these applications will also be subject to pre-application consultation under regulation 4((1)a).

6.14 Secondly, applications in sensitive sites would be required to be accompanied by a design statement. We have taken the view that in order to permit some certainty at the outset on the type of application which is to be accompanied by a statement, that this requirement will be linked to areas that are clearly considered sensitive for their historic or environmental interest. This includes developments within conservation areas, World Heritage sites or National Parks.

6.15 We recognise that there are other designations, particularly relating to the historic environment (scheduled monuments, listed buildings, historic gardens etc.), where a design statement might be useful depending on the impact of the proposal but that the impact may not be clear before the application is submitted. Planning policy on the historic environment seeks early engagement on developments likely to affect the historic environment, in effect through pre-application discussions. Although such early engagement would inform a planning authority's appreciation of whether a development would affect the historic environment interest, we are concerned that the non-statutory nature of the engagement would not allow sufficient certainty at the outset that a design statement should be required. We are therefore not proposing that a statutory design statement is required in such cases but will seek to promote their use in this context.

6.16 When considering the contents of a statement for a development which is both major and to be found in a sensitive area, the fact that the development is major would take precedence, leading to a statement covering both design and access elements.

6.17 The primary benefits of Option 2 include:

• putting into statute what is already advised as being good practice - leading to better designed and accessible developments;
• for those developments requiring pre-application consultation, there will be scope to consider the design and access issues through this process;
• the focus for resources will be on developments which have a potentially major impact either on design or access issues; and
• applicants should already be aware of this advice and any potential additional burden should be minimised.

6.18 However, it could be suggested that the implication of such an approach could be that some planning applications where design and access issues may be important factors in the consideration of a proposal will not be accompanied by a statement which sets out how these issues have been considered.

Q21: Do you have a view on the two options on the range of applications to be accompanied by a design and/or access statement?

What information should statements contain?

6.19 In its broadest terms, the information contained in the statement, as set out in section 7 of the 2006 Act, should:

(a) for design matters - explain the design principles and concepts that have been applied to the development; and

(b) for access matters - explain how issues relating to access for the disabled to the development have been dealt with.

6.20 In considering how these two elements should be addressed in the design and access statement, there has been consideration of what information is relevant to the decision-making process and whether this information should be set out as a statutory requirement or left to guidance. We consider that although design and access are matters which are integrated, there should be a slightly different approach in the information required in the statement. These requirements reflect the advice in PAN 68 and PAN 78. In addition, as noted by the former Disability Rights Commission in its guidance on access statements, "the precise form of an Access Statement and the level of detail it will contain will vary according to the size, nature and complexity of the proposed development or alteration." We would therefore seek to set out minimum requirements in the regulations, supported by more detailed guidance to cover different types of development.

6.21 Therefore regulation 16(3) requires that the design element of any statement should contain information on:

a) the policy or approach adopted as to design and how any policies relating to design in the development plan have been taken into account; and

b) demonstrate the steps taken to appraise the content of the development and how the design of the development takes that context into account in relation to its proposed use.

6.22 With regard to access issues, regulation 16(4) requires that a statement should set out:

a) the policy or approach adopted as to access and how policies relating to access in the development plan have been taken into account.

This should explain how the applicant's policy / approach adopted in relation to access fits into the design process. The statement should also reflect on any development plan policies relating to access issues though, as recognised in PAN 78, development plans often contain few, if any, requirements relating to inclusive design.

b) how any specific issues which might affect access to the development for persons with disabilities have been addressed.

This will relate only to access to and through the development and not extend to internal aspects of individual buildings. This is a matter better considered under building standards legislation. However, the location and design of doors and windows, etc. will depend on an understanding of the internal layout of a building and may be reflected in the statement. As noted in PAN 78, even where inclusive design has been considered, it is often specific to the building and does not include links with the surrounding public spaces and wider built environment. As a result, accessible buildings are sometimes located in inaccessible places.

c) how features which ensure access to the development for persons with disabilities will be maintained.

Designing Places notes that the arrangements for long-term management and maintenance are as important as the actual design. Therefore, issues regarding maintenance will help inform the planning authority in coming to a view on how best, possibly through agreements or conditions, such features are to be maintained in the long-term.

6.23 Taking into account the considerations set out in paragraphs 6.9-6.24, the following table summarises the options on which types of application would be subject to which type of statement.

The scope for design and/or access statements

6.24 Section 7 of the 2006 Act allows Ministers to provide that design and access can be set out in one or two statements. As an example, option 2 proposes that a statement covering only design matters may be appropriate where the development is within a sensitive area. Other examples of where only the design elements of statements may be warranted could include: a house in the countryside or the marine element of a fish farm. There may also, for some smaller developments - minor extensions etc. - be instances where access is the sole matter of importance.

6.25 We would therefore seek views as to whether there is scope to introduce a requirement for only design or access elements to the statement to be included in circumstances not identified in the options above.

Q22: In addition to those considered in the options, in what circumstances might statements consider only one element - design or access?

Consultation and engagement

6.26 As noted above, the statement should identify the extent of consultation with stakeholders, including disabled people, and the outcome of such discussions.

6.27 In certain cases, as in relation to major developments, the proposal will be subject to statutory consultation arrangements with communities. Such arrangements should give applicants an opportunity to set out the rationale which underpins the development. Scottish Planning Policy 20 recognises that some developments may also be available for Design Review.

6.28 PAN 78 recognises that access panels are a useful source to consult on design, as they are able to give advice based on personal experience and local knowledge. However, it also recognises that access panels work in different ways and have different levels of experience and technical expertise. Currently such panels do not cover all areas of Scotland.

6.29 There are questions as to how such voluntary panels can be utilised so as to ensure that the best and most efficient use of this resource is made. As noted above, any policies on access in the development plan will be reflected in the statement. It may therefore be appropriate for authorities to engage with access panels and similar stakeholder groups in the preparation of policies on access in the local development plan. In development management, we would particularly seek the views of members of access panels and planning authorities on the potential role that panels can play in providing advice and expertise on design and access issues for individual planning applications. It is hoped that dialogue between a planning authority and local access panel will increase the understanding of the roles, resources and procedures of each party.

Q23: How can access panels be used most effectively in considering design and access?

Assessing the statement

6.30 An initial assessment of the statement will be required at the validation stage. This assessment will be quantitative rather than qualitative in that the planning authority will, in order to validate the application, need to be assured that the statement is enclosed with the application where required and contains the information set out in the regulations.

6.31 In coming to a view on the contents of the statement, particularly relating to access issues, planning officers may wish to seek advice from colleagues within the local authority. PAN 78 notes that access officers exist within most Scottish local authorities. In the majority of cases, the appointed officer's primary role is one of Building Standards Inspector, although the duties of an access officer may vary between authorities. In some cases, they may be concerned with the accessibility of the council's own buildings. However, the officer will be normally involved with building warrant applications, or the review of larger planning applications, as well as being in a position to give general advice to the public on such matters. We would particularly wish local authorities to comment on the potential role of access officers in providing advice on particular applications or as a source of advice on other resources.

6.32 In order to formulate and assess the contents of the statement, it is recognised that it will be important for there to be a policy and guidance framework for planners and applicants. It is the Government's intention to prepare assessment guidance.

Q24: Do you consider that there is sufficient clarity in the regulations to allow for effective and timeous validation of applications where design and/or access statements are required?

Q25: What role can local authority access officers play in assessing the access element of statements?

Q26: What information do planning authorities and communities need to ensure a thorough and robust assessment of the design and access statement?

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