Important changes to legislation for planning applications
Most planning applications and all applications for listed building consentsubmitted on or after 10 August 2006 and applications received prior to that date which are not valid, will need to be accompanied by a 'Design and Access Statement' - DAS.
Section 42 of the 2004 Planning Act inserts a new section 37A into the 1990 Planning Act, which prohibits a Local Planning Authority from 'entertaining' an application unless it is accompanied by a 'Design and Access Statement' - DAS, where required. This is explained in more detail in Local Government Circular DCLG 01/2006.
A 'Design and Access Statement' will be required for all planning applications except those for:
-
A material change in the use of land or buildings, unless it involves operational development
-
Mining and engineering operations
-
Householder development outside a designated conservation area, national park, site of special scientific interest, area of outstanding natural beauty, World Heritage Site and the Broads
A 'Design and Access Statement' will be required for all applications for Listed Building Consent. Where there is a planning application submitted in parallel with an application for listed building consent, a single, combined statement should address the requirements of both.
The DAS should clearly identify:
The size and level of detail in the statement is likely to reflect the size and complexity of the proposed development and may therefore vary considerably.
The DAS should be submitted at the planning stage to clarify the developers design philosophy, outline any particular site constraints that may prevent compliance with the requirements of AD(M) 2004, and/or explain the rationale behind any alternative design approaches proposed.
This will be to the benefit of the client and any future occupiers where such matters are material to the Disability Discrimination Act 1995.
Wokingham Borough Council has produced a DAS checklist for Full Planning Permission, Outline Planning and ListedBuilding planning applications, to assist you in the creation of a DAS which includes all elements required. A basic DAS Template is also provided to assist you in this process. See links to the PDF documents below.
For further information on how to read, write and use DAS view Commission for Architecture and the Built Environment - CABE - publication.
For further help and advice contact the councils Access Officer.