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Conservation advice - Disability Discrimination - Historic buildings
Disability Discrimination Act - Historic Buildings
Access alterations to buildings in historic areas
The information below proves essential guidance on appropriate alterations to buildings in historic areas to enable access by all and to meet with new regulations coming up for buildings accessed by the public.
The latest requirements of the Disability Discrimination Act 1995, which came into force in October 2004, demand that service providers make reasonable adjustments to physical features of their premises to avoid discrimination. The 2004 requirements will need an audit and evaluation by all service providers and employers to set up an action plan of alterations to the premises they occupy to get rid of all biased practices, procedures or policies, and a reasoned case would be expected for issues where no immediate action is to be taken. Enforcement is most likely to come from members of the public with concerns about access to a service, who can bring a civil action, an Injunction or a Declaration against the service provider.
The latest requirements of the Disability Discrimination Act have resulted in a growing number of applications to the District Council for alterations to town centre commercial premises to provide level or ramped access. Addition of ramped structures to the front of historic buildings and departure from the general "building line" of the street frontage can have a devastating effect upon an historic town centre street scene. There are also a number of financial, technical and legal disadvantages to building such a structure.
The latest requirements of the Disability Discrimination Act 1995, which came into force in October 2004, demand that service providers make reasonable adjustments to physical features of their premises to avoid discrimination. The 2004 requirements will need an audit and evaluation by all service providers and employers to set up an action plan of alterations to the premises they occupy to get rid of all biased practices, procedures or policies, and a reasoned case would be expected for issues where no immediate action is to be taken. Enforcement is most likely to come from members of the public with concerns about access to a service, who can bring a civil action, an Injunction or a Declaration against the service provider.
The latest requirements of the Disability Discrimination Act have resulted in a growing number of applications to the District Council for alterations to town centre commercial premises to provide level or ramped access. Addition of ramped structures to the front of historic buildings and departure from the general "building line" of the street frontage can have a devastating effect upon an historic town centre street scene. There are also a number of financial, technical and legal disadvantages to building such a structure.
Disadvantages to putting up ramped structures are:
- Creating a ramp structure in the highway will require consent from the Highway Authority and there are issues to sort out of ownership, liabilities for accidents within that part of the highway, and guarantees of continued and quick maintenance on and around the structure.
- Although a ramp may ease access for wheelchairs and pushchairs it introduces new obstacles and diversions, in an otherwise wider and continuous footway, for others including disabled users such as the partially sighted or blind.
- With a maximum slope of 1 in 12, ramps and their approach landings oftend go across other doorways and closest premises possibly obstructing flexibility of positions for other accesses.
- A ramp structure and foundation may block access to existing underground services, increase chamber or trench depth required to reach them, and require tiring returns by the utility companies.
- A new ramp raises ground levels against the existing building, and safety measures are needed to avoid the introduction of damp to a higher level within external walls or those to adjoining premises.
- A new ramp and railings/handrail will block the free view of a historic building frontage, much care and expense will be needed to achieve a design friendly enough with materials/features of the existing building.
Changes inside, close to entrances, may be less expensive and not as much trouble as putting up a new ramp structure in the highway outside. Some internal ramping can often easily be achieved together with changes to entrance doors and matting. With the agreement of the highway and planning authorities it may also be possible to raise the levels of the pavement outside in the area of access doors.
If physical or conservation issues prove to be too expensive, service providers can explore other options to improve access, which may include other entrances or other places to deliver the service.
When putting in planning or listed building consent proposals for improvement to physical access, NWDC will need the application to be supported with a disability audit of the building, options and a justification statement. Without this information, a proposal for alteration of a listed building or a building in a conservation area may be turned down.
Compliance with the Building Regulations Approved Document M "Access to and Use of Buildings (2004 edition)" was essential from 1st May 2004. In many cases guidance on appropriate facilities and technical requirements are provided in BS 8300.
If physical or conservation issues prove to be too expensive, service providers can explore other options to improve access, which may include other entrances or other places to deliver the service.
When putting in planning or listed building consent proposals for improvement to physical access, NWDC will need the application to be supported with a disability audit of the building, options and a justification statement. Without this information, a proposal for alteration of a listed building or a building in a conservation area may be turned down.
Compliance with the Building Regulations Approved Document M "Access to and Use of Buildings (2004 edition)" was essential from 1st May 2004. In many cases guidance on appropriate facilities and technical requirements are provided in BS 8300.
For further advice on appropriate alterations to achieve improved public access into buildings in historic areas within North Wiltshire please contact:
- The Assets, Design and Regeneration Team on 01249 706694.
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