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Expert ConclusionIt is our view that the approved development is not inclusive and• that the lack of access will significantly disadvantage many disabled people• make it very difficult for service providers and employers to meet theirobligations under the Single Equalities Act and defend any claims madeagainst them.• does not provide equality of access to employment and services.• restricts employment opportunities for people with ambulatory disabilities.• does not meet the council policies regarding access for disabled people andthe Design and Access statement does not describe how the proposal meetsthe councils policies or any justification for not doing so .• is not compliant with the Building Regulations Approved Document M andassociated guidance documents.
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Good day Janet You state: The planning decision clearly sets out that commercial floorspace on a 1st floor does not require a lift or lifting platform if it is below 100 sq.m. Planning approval was granted for up to a total of 240 sq.m. of commercial floorspace. ( first floor level ) It is envisaged that this will be implemented in a number of commercial units which will each be less than 100 sq.m. In such circumstances none of the resulting offices would need to provide a lift. You are informing me that any building in the Sunderland area with upper floors can now be subdivided into commercial units of less than 100 sq. meters and they will not require a lift!!! The planning decision is incorrect and I believe you have been wrongly advised please see the attached report (AidAccess) and Approved Document M and The Equality Act 2010. If what is stated is correct then why were other developments required to provide a lift? Why would an owner of a building not simply save the cost of installing a lift? What would stop me buying a three storey commercial building and subdividing into areas of less than 100 sq. meters and renting them as commercial units? Can you please inform me of any other premises in Sunderland that have been granted planning permission for commercial units on first floor
level under the circumstances you mention? In fact lets just say commercial units above ground floor level, as I would love to know where the limits are. Access for all (inclusion) is required for all new buildings unless there are exceptional circumstances, which in this case there is not. This new development is not in a flood plane and there are no constraints to the site other than the physical size of the site and the size of the proposed development. I find it incredible that I, as an individual have had to go to the lengths I have and still Sunderland Council try to find loopholes in legislation / policy / guidance!!! Just to allow Fitz Architects to build a development without inclusive access for all simply to increase internal floor area. It does sum up Councillor Mel Spedings reply to me that "the law is just opinion". It seems to me this is the attitude Sunderland Council has adopted. If we can find a way around it we will, never mind all the statements we make regarding equality. Sunderland City Council -‐ Unitary Development Plan, Main Strategic Aims were to ensure that any special needs of those residents of the City who experience social, economic, racial or physical disadvantages are taken into account in all development and regeneration proposals!!! I note that the shop fronts and the large outdoor public seating area have not been mentioned. Level access to the shop fronts and ramped access to the seating area have also
been ignored during this planning application I have paid for an experts report on the issues of access to this development and his report is attached. The issues raised within the report highlight the utter contempt Sunderland Council has towards people with physical disadvantages. Considering the ageing population and the general population who have children in pushchairs access for all is even more imperative. If this development does get built without regard to access for all, then obviously, I will need to reconsider the expense of ramps etc in my plans. It would be unfair for me to have to spend money on items and construction if this development is not required to do so, and of course a precedent will have been set not only for Sunderland but for all of England. Regards Len Lowther From: Janet Johnson <[email protected]> Date: Wednesday, 18 December 2013 08:57 To: Leonard Lowther <[email protected]> Cc: Cllr Paul Watson <[email protected]> Subject: FW: Leonard Lowther/The Shocking Reality Dear Mr. Lowther I understand that you spoke to the Leader of the Council at the State of the City event and he promised to look into the issue you raised about the difference between the 100 and 240 square metres areas, as outlined in your email below. The Leader has asked me to reply on his behalf.
The planning decision clearly sets out that commercial floorspace on a 1st floor does not require a lift or lifting platform if it is below 100 sq.m. Planning approval was granted for up to a total of 240 sq.m. of commercial floorspace. It is envisaged that this will be implemented in a number of commercial units which will each be less than 100 sq.m. In such circumstances none of the resulting offices would need to provide a lift. However, the planning approval makes it clear that this is an indicative layout. If the applicant were to wish to implement the permission with a unit or units exceeding 100 sq.m. appropriate access arrangements would have to be approved through Building Control Regulations. I understand that this was explained to you in a comprehensive letter from the Planning Service in August and from the Complaints Team in October. I believe the situation to be very clear. I trust this answers your query. Janet Johnson Deputy Chief Executive Sunderland City Council Tel: 0191 561 1114 From: Leonard Lowther [mailto:[email protected]] Sent: 03 December 2013 22:22 To: Dave Smith (Chief Executive); Cllr Melville Speding; Cllr Barry Curran; Cllr Paul Watson Subject: The Shocking Reality
David Smith Chief Executive Quote: I have made my decision take me to court. Councillor Mel Speeding Quote: The Law is just opinion. Councillor Barry Curran Quote: What do I know I’m not an expert. Council Leader Paul Watson Quote: I don’t understand but I will have another look and ask why the Delegated Decision Report argues the case, not to provide a lift to the first floor offices as it is less than100 sq meters but later approves 240 sq meters of office space. Delegated Decision Report Page 12 Ingeneral,thereare provisionsto incorporatea liftI liftingplatform tonon-‐ residential properties.However,inthis instanceit isnot required.LABCServices have nationalagreements,thatnon-‐ residentialunits under100m sq& incorporateno uniquefacilities,donot require theprovision ofa liftI liftingplatform. Suchsmall commercialunits,asin thisinstance cannotjustify thecost Imaintenance
costsfor sucha small facility. Inlight ofthe above,asthe proposedscheme fullycomplies withthe requirementsof AppDoc M,there areno accessrelated issuesthat wouldprevent BuildingRegulation approvalbeing granted.As thescheme raisesno concernsfrom aBuilding Regulationperspective,thereis no materialplanning justificationto refusethe application basedon theprovision ofdisabled access. Delegated Decision Report Page 14 5Notwithstanding thesubmitted plans,no morethan 240square metresof theavailable 450 squaremetres ofinternal floorspace atfirst floorlevel shallbe usedfor thepurposes ofuse class B1