The Town and Country Planning (General Development Procedure) (Amendment) (England) Order 2006

Design and access statements

6.—(1) After article 4B (major infrastructure projects: economic impact report) insert—

“Design and access statements

4C.— (1) This article applies to an application for planning permission which is not an application for planning permission for—

(a) engineering or mining operations;

(b) development of an existing dwelling-house, or development within the curtilage of such a dwelling-house for any purpose incidental to the enjoyment of the dwelling-house as such, where no part of that dwelling-house or its curtilage is within a designated area; or

(c) a material change in the use of land or buildings.

(2) An application for planning permission to which this article applies shall be accompanied by a statement (“a design and access statement”) about—

(a) the design principles and concepts that have been applied to the development; and

(b) how issues relating to access to the development have been dealt with.

(3) A design and access statement shall—

(a) explain the design principles and concepts that have been applied to the following aspects of the development—

(i) amount;

(ii) layout;

(iii) scale;

(iv) landscaping; and

(v) appearance; and

(b) demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account in relation to its proposed use and each of the aspects specified in sub-paragraph (a).

(4) A design and access statement shall also—

(a) explain the policy adopted as to access, and how policies relating to access in relevant local development documents have been taken into account;

(b) state what, if any, consultation has been undertaken on issues relating to access to the development and what account has been taken of the outcome of any such consultation;

(c) explain—

(i) how any specific issues which might affect access to the development have been addressed;

(ii) how prospective users will be able to gain access to the development from the existing transport network;

(iii) why the main points of access to the site and the layout of access routes within the site have been chosen; and

(iv) how features which ensure access to the development will be maintained.

(5) In this article—

“amount” means—

(a)

in relation to residential development, the number of proposed units for residential use; and

(b)

in relation to all other forms of development, the proposed floor space for each proposed use forming part of the development;

“context” means the physical, social, economic and policy context of the development; and

“designated area” means—

(a)

a National Park;

(b)

land to which section 28(1) (areas of special scientific interest) of the Wildlife and Countryside Act 1981(1) applies;

(c)

a conservation area;

(d)

an area of outstanding natural beauty designated under section 82 (designation of areas) of the Countryside and Rights of Way Act 2000(2);

(e)

a World Heritage Site;

(f)

the Broads.”.

(2) In paragraph (4)(a) of article 25 (register of applications) after “thereto” insert “and of any accompanying design and access statement provided in accordance with article 4C”.

(1)

1981 c. 69. Section 28 was substituted by the Countryside and Rights of Way Act 2000 (c. 37), section 75(1) and paragraph 1 of Schedule 9.

(2)

2000 c. 37.