Property Development Law And Procedures

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PROPERTY DEVELOPMENT LAW AND PROCEDURES

Property Development Law and Procedures

Property Development Law and Procedures

What is a design and access statement and when is it required ?

A statement covering design concepts and principles and access issues must now be submitted with an application for planning permission and listed building consent. The key facts are: A Design and Access Statement is required for all Planning Applications (outline of full). A local planning authority may be precluded from entertaining an application unless it is accompanied by a design statement and an access statement, where required.

Design and access statements WILL NOT be required for the following types of planning applications: a material change in the use of land or buildings, unless it also involves operational development. Development of an existing dwelling house, or development within the curtilage of a dwelling house for any purpose incidental to the enjoyment of the dwelling house, where no part of that dwellinghouse or curtilage is within a designated area. “Designated area” means a National Park, site of special scientific interest, conservation area, area of outstanding natural beauty, World Heritage Site and the Broads. (CABE 2006, 62-78)

Design and access statements are not required for applications relating to advertisement control, tree preservation orders or storage of hazardous substances.

One statement should cover both design and access, allowing applicants to demonstrate an integrated approach that will deliver inclusive design, and address a full range of access requirements throughout the design process. A design and access statement is a short report accompanying and supporting a planning application to illustrate the process that has led to the development proposal, and to explain and justify the proposal in a structured way. (CABE 2006, 62-78)

Design and access statements must not be used as a substitute for drawings and other material required to be submitted for determination as part of the planning application itself. They provide an opportunity for developers and designers to demonstrate their commitment to achieving good design and ensuring accessibility in the work they undertake, and allow them to show how they are meeting, or will meet the various obligations placed on them by legislation and policy. The level of detail required in a design and access statement will depend on the scale and complexity of the application, and the length of the statement will vary accordingly. Statements must be proportionate to the complexity of the application, but need not be long.



For local planning authorities, design and access statements will enable them to better understand the analysis which has underpinned the design and how it has led to the development of the scheme. This will help negotiations and decision-making and lead to an improvement in the quality, sustainability and inclusiveness of the development.

Design and access statements will allow local communities, access groups, amenity groups and other stakeholders to involve themselves more directly in the planning process without needing to interpret plans that can be technical and confusing. This will help to increase certainty for people affected by development and improve trust between communities, ...
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