Access For Disabled People
Guidance on the Preparation of an
Access Statement
TORBAY BUILDING CONTROL CONSULTANCY
Spatial Planning Torbay Council
2nd Floor Electric House
Torquay
TQ1 3DR
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General
Introduction
In March 2003 the Office of the Deputy Prime Minister, (ODPM), issued "Planning and
Access for Disabled People: A Good Practice Guide" which aims to promote a more
inclusive approach to the design of the environment, focusing on disabled people and
the Planning system (please see the ODPM website for further details
www.odpm.gov.uk).
A key new feature is the preparation of Access Statements.
The Good Practice Note states.
"(The submission of a Statement) … would demonstrate the designer's
commitment to take the issue of inclusive design seriously at the earliest stages."
(Para 7.5.1)
Access Statements also form a part of the revised Approved Document Part M 2003 of
the Building Regulations, (Paragraph 0.20).
Purpose
Access Statements will be required to assist with the assessment of the issues relating
to disabled people, setting out how provision will be made in the proposed development.
It is envisaged that it will act as a core, definitive document, providing an important
degree of co-ordination for designers, regulatory staff and construction services. The
circumstances in which one will be required are set out in the next section.
It will form a part of the documentation for the assessment of an application in the same
way any plans might. It is not an informative, general statement of intent, which
applicants can choose whether or not they wish to prepare.
The document will run with the development and not be solely applicable to one
application. Hence, it may begin life as an explanatory statement in pre-planning
application discussions and go on to be developed as Building Regulations and
Licensing submissions are prepared. Where details are approved as a part of a consent
or a condition, it will be necessary to carry this forward to any subsequent design work in
the same way any other detail shown on a plan or in a letter will form a part of a consent.
Bear in mind that if subsequent design work, eg under the Building Regulations,
changes any feature approved as a part of a Planning consent, it may require the
approval of the Local Planning Authority.
Its written style should not focus solely on one area, e.g. Planning, at the expense of
topics or issues that will impact on other legislation. This will ensure that all regulatory
bodies have common information and, importantly, a common awareness of the design
issues. This will ensure abortive work is avoided. It will require updating from time to
time during the design and construction process, with plans substituted or written details
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added. A common point in time will be when new applications are submitted, such as for
Building Regulation consent, when planning or licensing conditions are approved or
when details become known following agreements with tenants.
It is important that the Statement identifies which parts of any scheme are to be dealt
with under what area of legislation. This will ensure both regulatory staff and applicants
are clear what is being dealt with at which stage in the application process and what is
being given consent. The next section on Format of Statement outlines this key
procedural issue in detail.
Overall, an Access Statement will assist with the assessment of buildings or uses in the
context of compliance with the Disability Discrimination Act 1995, contributing to audit
work and usability tests.
Status of Statement in Determination of a Development Application
Paragraph 7.5.4 of the aforementioned advice note suggests that Local Planning
Authorities might reject a Planning Application and refuse to register it unless a
Statement is submitted.
"If an access statement is not submitted, local authorities might reject registration
of an application until such time as an adequate statement is submitted. This will
overcome the problem of access delaying the 8-week deadline, as applicants will
have to have addressed the issues before the application is made. This will also
be a great incentive for applicants to consider access from the outset."
Philosophy of Statement
The aim should be to adopt an inclusive approach, i.e. not to segregate people but seek
to meet the needs of all potential users of an environment rather than a specific user
group. But inclusive does not mean treat the same – people have different needs whilst
wanting to have the same opportunities to access goods and services. The appropriate
means of access should be provided for that type of building or activity. For example,
automated opening equipment for doors or simply a high and low section to a bar or
reception desk in order that differing needs can be met.
In addition, paragraph 3.2.3 of the Good Practice Note states.
"…it is not only disabled people who benefit from inclusive design. There are
currently a further 18 million people who would directly or indirectly benefit from
inclusive access to buildings and public spaces. These include the elderly,
families with children under the age of five, carers and the friends and relatives
who accompany people with disabilities. Indeed it is fair to say that all members
of society would benefit to some degree from intelligent, logical and accessible
design."
It further goes on to say in paragraph 3.3.3.

"Developments designed to be inclusive are likely to have an enhanced
market value as occupiers and other purchasers of property become
increasingly aware of the economic disadvantage of excluding such a
substantial percentage of the population…
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
It is significantly more cost-effective to provide for inclusive access at the
design stage than to make retrospective adjustments during the
construction phase or after occupation.
Additional costs can be
marginalised or eliminated if inclusive design is considered at an early
stage.

If a development is inclusively designed from the earliest concept stages,
an application for planning consent is unlikely to be refused or delayed on
the grounds that it does not meet appropriate access standards. This
minimises the potential for delay, with obvious commercial benefits."
Format of Statement
Your Statement should take the form of a written submission together with any
appropriate plans. You should follow the headings given in the Appendix One Checklist
that will provide guidance on what works are dealt with by which legislative areas. A
model Statement is available separately for both minor and major proposals.
The exact media for your submission will depend on the size and character of the
application, as outlined below.
An Access Statement is required for any development application falling within the
following categories1 where the public have access, or the scheme is for residential
development subject to Adopted Torbay Local Plan (1995-2011) Policy H9 relates to the
layout, design and community aspects of new residential development. Policy H2
provides criteria for the consideration of new housing on unidentified sites. Policy BE1
relates to the design of all new development. Policy TS sets out the Landuse
transportation Strategy and Policy T1 deals with development accessibility. In addition
Policy T2 sets out the transport hierarchy.
When major developments are planned it is even more important that they are
discussed fully with the applicant and the developer before the application is submitted.
In some exceptional cases the application will be so significant that the Secretary of
State will designate it as a “major infrastructure project”.
‘Minor’ access proposals
A Statement is required in the following four cases if an existing public access point to
the building is affected, or it forms a part of the feature or works that are being applied
for.




Changes of use.
Alterations and extensions to licensed premises, including outdoor seating areas
Small scale extensions to buildings to which the public have access, (including any
commercial premises which have a reception).
Temporary uses regardless of size are not exempt if an application is required; for
example, mobile offices, a retail outlet for a time limited event, etc.
1
N.B. This should not be confused with the Secretary of State definition of, developments are considered to form
‘major’ planning applications.
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In these sorts of cases applicants may wish to make use of the application plans and
simply highlight any key features with appropriate notes. They must still follow the same
criteria of looking at the whole building or use and not a single application or the feature
they wish to alter. This may require more detail to be shown on plans than otherwise
would previously have been considered, using a clear set of identifiable notation, relating
to the Access Statement.
‘Major’ access proposals
These will require separate plans and written documentation to clearly illustrate the
features relevant to the working of the scheme.
Examples would include:
 New licensed premises or major alterations and extensions to existing
licensed premises (E.g.: liquor, gaming, sports grounds, public entertainment)
 The provision of any new housing, which will require a detailed Statement in
order to show how Policy H9 relates to the layout, design and community
aspects of new residential development.
 Major commercial developments, eg hotels, offices etc.
 New community facilities, schools, health centres, sports halls etc.
Content
Key Issues in Scheme
The Statement must describe, through the use of text and supporting plans, how
disabled people will access the building or its facilities. The accompanying checklist
works through the way a building would be used, highlighting the relevant questions. For
example:




Proximity of car parking or accessible public transport,
Entrance and door design,
Types of materials or
Means of escape.
Sources of Design Information
It will be important in any Statement to show what sources of information have been
used, particularly if a particular planning policy is being complied with E.g.CF1 Provision
of new and improved community facilities or CF15 Accomodation for people in need of
care.
These are examples of some key ones.
1. Adopted Torbay Local Plan (1995-2011).
2. Please note: The Government has introduced major changes to the town planning
system. These will result in the gradual replacement of Local Plans and Structure
Plans by Local Development Frameworks (LDFs) and Regional Spatial Strategies
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(RSSs). Work has started on the Torbay LDF, which will provide guidance on
development and conservation in the area up to 2016.
3. Council’s access design information contained in:
 The Local Transport Plan 2006 – 2011 (LTP2)
(www.torbay.gov.uk/transportplan )

4.
5.
6.
7.
The emerging Torbay Local Development Framework Supplementary
Planning Document relating to Urban Design.
Building Regulations 2004 Approved Document Part M and other relevant Approved
Documents.
South Devon Magistrates Policy on Licensed Premises.
British Standard, BS8300 on Access for Disabled People.
A comprehensive set of nationally approved guidelines, available from the British
Standards Institute or to view at reference section of the Library, Lymington Road,
Torquay.
The Knowledge Map
Reading University have produced this important bibliography of access guidance
on behalf of DPTAC It can be found on the Internet at:
www.dptac.gov.uk/kmnotes.htm
Where there is a deviation from a quoted standard, which may occur in works to a Listed
Building, there must be a full explanation of the design solution.
Disability Discrimination Act
Applicants’ attention is drawn to the requirements of the Disability Discrimination Act
1995. In devising any works you are advised to ensure that your proposals for the
building or site comply fully with the appropriate Codes of Practice so ensuring a
complete and proper package is formulated. This will avoid the need to make any further
applications for consent for subsequent alterations (see the Disability Rights
Commission website for further information: www.drc-gb.org/thelaw/index.asp)
Other Useful info and contacts:

Disability Rights Commission website- http://www.drc-gb.org/

Planning & Access for disabled people: A good practice guide www.odpm.gov.uk
 Adopted Torbay Local Plan (1995-2011)
Strategic Planning Group, Environmental Policy, Planning, Development and Policy
Business Unit,
Community Services, Torbay Council, Roebuck House, Abbey
Road,Torquay,TQ2 5TF
Tel: 01803 208804 Fax: 01803 208882
e-mail:strategic.planning@torbay.gov.uk
Web site: www.torbay.gov.uk/localplan
Please Note:
The Government has introduced major changes to the town planning system. These will
result in the gradual replacement of Local Plans and Structure Plans by Local
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Development Frameworks (LDFs) and Regional Spatial Strategies (RSSs). Work has
started on the Torbay LDF, which will provide guidance on development and
conservation in the area up to 2016. In particular the Supplementary Planning Document
on Urban Design may be of interest.
The LDF will affect everyone – residents, visitors and hose who work in Torbay. Find
out more by contacting the Strategic Planning Group on 01803 208804 or by visiting
www.torbay.gov.uk/ldf

The Torbay Environment Access Meeting (TEAM) . This is a group of people with
disabilities and Council Officers who meet monthly to discuss access issues.
They can be contacted in writing via the Chair: Mrs C. Morgan, 26 Tramways,
Torquay, TQ1 4RZ or you can e-mail andy.young@torbay.gov.uk .

Torbay Building Control Consultancy, contact details.
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APPENDIX 1: Key Features Checklist
Introduction
Your approach to this Statement should be to place yourself in the position of any visitor
or members of staff and to run through how they will arrive at the site or building and use
all its facilities.
The Checklist indicates in broad terms the areas of legislation refer to which group of
issues.
Checklist
All issues are subject in some form to the Disability Discrimination Act 1995.
Section 1 Travel to Site
Section 4 Means of escape
Subject to Planning, Highways &
Building Regulations
 Car parking,
 Drop off points,
 Taxis.
 Tram and bus stops.
 Routes to stops.
Subject to Building Regulations
 Design for independent means of
escape.
 Provide facilities for physical
evacuation, e.g: places of refuge,
staff training, audio-visual alarm
systems.
Section 2 Building Environs
Subject to Planning, Highways &
Building Control
 Locations and orientation of
entrances.
 Hard and soft landscaping.
 Width/Gradients to footways.
 Lighting.
Section 5 Signs and Wayfinding
Subject to Building Regulations
 Type and position of signs.
 The use of differing tactile
materials.
 The layout of the building.
 Internal décor.
Section 3 Building or Structures
Subject to Planning & Building
Regulations
 Materials
1. Construction – walls, doors etc.
2. Internal floor surfaces.

Entrances
1. Approach.
2. Steps and ramps.
3. Door design.
Subject to Building Regulations. Where proposal is a housing scheme Planning would
also apply. See separate Mobility Housing guidance.
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
Movement within building
1. Provision of lifts.
2. Stairs.
3. Corridor design – widths, changes in level
4. Reproduction of key facilities on each floor eg toilets.

Key features of activity or building use
1. Receptions
2. Specialist equipment. (Fitness equipment, pool hoists)
3. Activities, e.g. counters in shops, dance floors in clubs, or changing areas in
sports facilities.
4. Staff rooms.
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APPENDIX 2: Definition of Public Access
Members of the public are defined as those people who are not the staff of a business,
or those who run a facility, i.e. are there for the purpose of the occupier. Members of the
public therefore are likely to be those people who have the opportunity to freely access a
building e.g. a shop or use it by invitation e.g. an office with a public reception area.
The definition of public includes most activities known as “public services” such as those
provided by a local authority e.g. a library or a tourist information office. On the other
hand a local authority residential home for the elderly would not be included unless there
is a specific area for general access by the community e.g. for a luncheon club open to
anyone on the day.
Shops, restaurants hospitals, places of worship, schools and colleges are all public
buildings though they all will have some areas to a greater or lesser degree which may
have restricted access for only employees.
Equally any reception in an office where visitors would arrive and be met without direct
access to a general office or industrial area would be described as having public access.
______________________________________________________
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APPENDIX 3: Extract Adopted Torbay Local Plan (1995-2011) Policies
 BE1 Design of new development
Proposals for new development which have an impact on the townscape or landscape
should be designed to take account of their wider context in terms of scale, density,
massing, height, landscaping, layout and access and the promotion of safety and
security. Positive enhancement of the built environment will be sought, in particular in
Conservation Areas.
 H2 New housing on unidentified sites
Proposals for new, and the renewal of existing, permissions for new housing on
unidentified sites, will be determined by the following considerations, in the interests of
promoting sustainable development:(1) the need to prevent significant over or under completion in relation to the Structure
Plan provision of 6200 new dwellings in Torbay over the Plan period;
(2) the contribution made to the provision of a full range of house types and needs,
including the need for affordable housing;
(3) the sequential approach to maximising re-used urban land as outlined in Policy HS;
(4) maximisation of densities, especially at places with good public transport accessibility
and which enjoy good pedestrian access to shops, schools and other community
facilities;
(5) ensuring good access to adequate physical and social infrastructure, including
community provision, which has sufficient capacity to accommodate the proposed
development satisfactorily;
(6) the need to avoid physical and environmental constraints, including poor ground
conditions, and areas at risk from instability, flooding and coastal erosion; and
(7) promotion of good design and a high quality ‘green’ residential environment,
incorporating open space and providing for community safety, crime prevention and
energy efficient dwellings.
 T1 Development accessibility
New non-residential development will only be permitted where it is possible for more
than 50% of the potential users to gain access by foot, cycle or public transport.
Provision must be made to encourage the use of walking, cycling and public transport,
and to reduce the level of traffic generation. Adequate means of access for non-car
traffic and facilities for changing and bicycle parking should be provided. Developers of
larger sites will be expected to prepare and implement a travel plan which will address
these conditions. Residential development should be located so that residents have
adequate shopping facilities, primary and junior schools, community and healthcare
facilities, and other frequently used attractions within easy and safe walking distance. All
other less frequently used facilities should be conveniently accessible by bus and cycle
route. The design and layout of residential areas should allow bus penetration to within
400 metres of each dwelling.
 T2 Transport hierarchy
All new development should promote the most sustainable and environmentally
acceptable modes of transport, having regard to the following hierarchy, which prioritises
the most sustainable means of transport:(1) walking;
(2) cycling;
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(3) public transport; and
(4) private transport.
 CF1 Provision of new and improved community facilities
New and improved community facilities, such as schools, pre-school play groups, health
centres, places of worship, community centres, community sports halls, libraries and the
use of schools for community benefit, will be permitted where they:(1) would be readily accessible to the local community including pedestrians and enjoy
good access to public transport;
(2) would not impact adversely on adjacent properties and surrounding neighbourhood;
and
(3) would not cause serious congestion or a road safety hazard.
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