Planning Practice Note:
The Disability Discrimination Act
The purpose of this Practice Note is to provide information on the Disability Discrimination Act 1995 (DDA) and its implications for Planning and Building Control Issues. Please note that:
- the Practice Note only deals with those aspects of the DDA concerned with the physical alteration of buildings or land;
- it is outline guidance only and should not be taken as a statement of the law.
For advice on other aspects of the DDA (and for further information generally) reference should be made to the leaflets and codes of practice issued by the Department of Education and Employment. These are available from Building Control.
The Disability Rights Commission (DRC) runs a help line (08457 622633).
DISABILITY DISCRIMINATION ACT 1995
The purpose of the DDA is to end discrimination against disabled people in a wide range of circumstances:
- access to goods, services and facilities;
- buying or renting property;
- employment.
The DDA is being progressively introduced. For service providers:
- it has been unlawful (since 1996) to treat disabled people less favourably than others;
- reasonable adjustments in the way services are provided have had to be made since 1999;
- since 2004, consideration has had to be given to adjusting physical barriers to access to services by disabled people, and reasonable steps taken to overcome those barriers.
WHO DOES THE DDA APPLY TO?
The DDA applies to any business or organisation that:
- supplies goods;
- provides a service or services;
- provides facilities to the public.
In practice this means:
- shops;
- restaurants, cafés and pubs;
- hotels and guest houses;
- offices and other workplaces;
- public buildings;
- theatres, cinemas and leisure facilities;
- sports facilities;
- churches;
- and many others.
WHAT IS A DISABILITY ?
A disability is any condition that makes it difficult for someone to undertake normal day-to-day activities, including:
- wheelchair use or difficulty walking:
- visual impairment or deafness;
- problems with physical co-ordination;
- learning difficulties.
WHAT DO I HAVE TO DO ?
Under the DDA, you must consider whether the way you provide your services is accessible to disabled people, specifically:
- your practices (what do I do?);
- your policies (what do I intend to do?);
- your procedures (how do I do it?).
If you conclude that any of these make it difficult or impossible for disabled people to use your services, you must make changes including alterations to your premises if these are reasonably practicable.
ARE THERE ANY EXCEPTIONS ?
Action under the DDA does not have to be taken in some cases including:
- to protect someone's health or safety;
- the action would prevent the provision of the service for others;
- when the service would be fundamentally changed;
- if the action would breach some other law or regulation.
However, the DDA should be interpreted liberally and you should not look for reasons to avoid action. Failure to act reasonably constitutes an offence.
WHAT SORTS OF ISSUES AFFECT BUILDINGS ?
There are a great many ways in which the design of buildings can be improved to give better access and service to disabled people, including:
- convenient dedicated car parking with space for manoeuvring a wheelchair;
- avoiding steps and steep slopes (8% max) between the car park (and the street) and the building;
- adequate drainage of external spaces;
- provision of handrails and grabs;
- automatic or easy to use doors;
- adequate door widths;
- non-slip and tactile surfaces;
- contrasting surfaces;
- clear internal and external signage;
- lifts and stair lifts;
- carefully considered counter and worktop heights;
- specially designed toilet facilities;
- acoustic loop installations;
- lighting.
SOME OF THESE MAY BE IMPOSSIBLE OR VERY EXPENSIVE TO PROVIDE
The DDA recognises that physical alterations may not always be possible. In such cases the service provider must consider other ways in which the service could be provided or improved for disabled people. What you may not do is rely on the impracticability of physical alterations to avoid taking any action at all.
PLANNING PERMISSION
Planning permission is not required to carry out DDA related internal works, provided the use of the property remains the same
External works that alter ground levels or works that may affect the external appearance of a building may need planning permission. Please ask for advice.
LISTED BUILDING CONSENT
Any works to a listed building (external or internal) may require listed building consent. Works that would have a detrimental effect on the character or appearance of a listed building may not be acceptable. The LPA advises early discussions with officers in such cases to try to ensure that the DDA can be complied with wherever possible. Please ask for advice.
BUILDING CONTROL
Building Regulation Approval is likely to be required for the following types of work:
- structural alterations including widening of door openings in structural walls;
- revised internal layouts which may have implications under the Fire Regulations;
- alterations to internal doors;
- installation and alteration of disabled toilet facilities;
- alterations to stairs and balustrades.
OTHER CONSIDERATIONS
There are a number of other interests that may be affected by DDA works, including:
- highways authority:
- works within the highway;
- environmental health:
- food hygiene;
- health and safety;
- if it is rented, the owner of the property.
CONCLUSION
Service providers should try not to see the DDA as a burden. Disabled people, their friends and carers represent a substantial proportion of the community. If you provide them with a good level of service your business will benefit.
© Copyright South Shropshire District Council,
Stone House, Corve Street,
Ludlow, Shropshire, SY8 1DG.
Tel: (01584) 813000
Fax: (01584) 813128
e-mail: planning@southshropshire.gov.uk
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Subscribe to changes to this page here.Author: Planning and Building Control. Last Updated: 22/3/2007.
