Non-householder - Report - The Planning Service

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Creating the environment for business There were no other views received specifically on SPZs although Northern Ireland Manufacturing did suggest more generally that PD rights should be relaxed in existing industrial estates or where land is zoned for industrial development (as this land had been considered as part of the development plan). Conclusion As the power to introduce SPZs is already in existence, the decision is really whether their use should be encouraged and actively promoted in Northern Ireland. The preparation of an SPZ scheme duplicates many elements of the preparation of a development plan; the work involved is significant and would initially add to the pressure on Planning Service staff. However, once implemented the burden on Planning Service staff would be reduced through the reduction in the number of planning applications. There are also benefits to the developer as planning permission can be quickly and automatically granted for certain types of specified development within an identified area. There was some support amongst principal planning officers and industry for more relaxed controls, particularly regeneration areas, industrial estates etc where the use of the site is clearly designated. Clearly the provision for SPZs exists in Northern Ireland and therefore could be invoked in a particular area if it was felt justified. Local authorities will be able to make SPZs following the transfer of planning functions. However at this stage we do not consider that there is a sufficient case for actively promoting SPZs further as a means of relaxing permitted development rights. 6.4 Disability Access 6.4.1 Introduction The Disability Discrimination Act (DDA) came into effect in 1995 and introduces, over a period of time, new laws and measures aimed at ending the discrimination faced by many people with disabilities. The Act defines disability as: a physical or mental impairment which has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities. Whilst the DDA extends to the whole of the United Kingdom, separate secondary legislation and Codes of Practice exist for Northern Ireland. Schedule 8 of the DDA sets out the modifications which apply to its application in Northern Ireland. The Special Educational Needs and Disability (Northern Ireland) Order 2005 (SENDO), as amended, covers disability discrimination in the field of education. The DDA recognises that various barriers exist within society which may present practical difficulties for disabled persons who are working, seeking work and for many who access goods, facilities services or premises. In Doc Reg No. 23271 Page 50 © Entec UK Limited September 2009
Creating the environment for business response the disability legislation, creates a positive duty on employers and service providers to make ‘reasonable adjustment’ to their policies and premises where reasonable and appropriate. As far as the planning implications of the DDA are concerned, the most significant requirement relates to making reasonable adjustments where a physical feature makes it impossible or unreasonably difficult for a disabled person to access a service. The options are to remove the feature, alter it, provide a reasonable means of avoiding it, or to provide a reasonable alternative method of making the service available, e.g., the installation of a lift or ramp (the DDA defines a ‘service’ as one that is provided to the public whether free or in return for payment (e.g. shops, libraries etc)). A test of reasonableness is applied which takes account of the extent and cost of works required, the type of services being provided, the size and resources of the service being provided, the disruptive impact on the business to make the adjustment and the amount already being spent on making adjustments. Failure to comply with the DDA risks a civil claim. The DDA protects the rights of all people with disabilities including:- Blind and partially sighted people; Deaf and physically impaired people; Facially disfigured people; People with long term illnesses or hidden impairments such as arthritis, asthma, diabetes and Alzheimer’s Disease; People with learning difficulties such as dyslexia; People with mental illness. Compliance with the DDA and related secondary legislation in terms of the removal of physical barriers may be of most benefit to wheelchair users; however, it is worth noting that adjustments required as a result of the DDA will benefit people without disabilities, such as parents with pushchairs. In Northern Ireland, there are no specific permitted development rights in the GDO to allow service providers to carry out works to comply with the DDA, although those classes of use which benefit from PD rights are often able to carry out certain adjustments to their premises without the need for planning permission. As with the equivalent review in England and Wales, disability accesses do not account for a high level of minor applications. However, we have considered whether such changes have any potential impacts that need to be controlled through the planning system or whether ‘permitted development’ rights could be framed for such developments. The Development Management Working Group (DMWG) agreed there was some potential for Permitted Development rights to cover the issue of disabled access, subject to controls on the impact of implementing these measures on the street scene. The controls mentioned at the DMWG meeting were: Doc Reg No. 23271 Page 51 © Entec UK Limited September 2009
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Non-householder - Report - The Planning Service

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