New rules are introduced governing the requirement for, and content of, design and access statements
Following on from the provisions of section 62 of the Planning and Compulsory Purchase Act 2004, local planning authorities have been prohibited since 2006 from entertaining a number of types of applications for both full and outline planning permission unless accompanied by a design and access statement (“DAS”). The legislative rules are presently set out in article 8 of the Town and Country Planning (Development Management Procedure) (England) Order 2010 (“the 2010 Order”). This specifies when a DAS is not required, and where one is, what its content should be.
As part of its programme for streamlining the planning application process, the government consulted at the start of the year on proposals to simplify the requirement for, and content of, design and access statements. On 25 June 2013, the provisions of the Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2013 (“the 2013 Order”) come into force. They make a number of changes to the 2010 Order, but in particular they substitute a new article 8. Its effect is to reduce the number of types of planning application affected, and to simplify the requisite content of a DAS.
From that date, a DAS will be required where a major development is involved, albeit subject to a number of exceptions, including engineering or mining operations, material changes of use and waste developments. It will also be required for certain developments that are not major developments, but involve a conservation area or a World Heritage site.
(By way of side comment, the 2013 Order also makes amendments in relation to the validation of planning applications, the duty to respond to consultations and the giving of reasons where planning permission is granted.)
In parallel, the Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2013 also come into force on the same date. They amend the Planning (Listed Buildings and Conservation Areas) Regulations 1990 so as to reduce the required content of a DAS where listed building consent is sought. It will no longer be necessary for a DAS, in such a case, to explain the principles and concepts that have been applied to the scale, layout and appearance of the intended works. Likewise, the DAS will not be required to explain how features that ensure access to the building will be maintained.
John Martin
