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Planning Advisory Service (PAS)
Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - May

Design & Access Statements (When is one required)

Former Member, Addaswyd 13 Years yn ôl.

Design & Access Statements (When is one required)

I have made an application for reserved matters and the local authority is requesting a design and access statement and refusing to register the application without one. They are saying that they have decided to make this policy within their local authority. My question is can they insist on this?
Former Member, Addaswyd 13 Years yn ôl.

Re: Design & Access Statements (When is one required)

If the Council has adopted a document relating to validation requirements and this specifies that one is needed for reserved matters then they are within their right to not register the application until a DAS is submitted. You may have come across the term 'local list' in connection with validation requirements. This allows LPAs to make their own list of what should be submitted with various types of applications. If they havent adopted this, circular 01/06 doesnt require one to be submitted for reserved matters - as normally this would have been done at the outline stage.
Former Member, Addaswyd 13 Years yn ôl.

Re: Design & Access Statements (When is one required)

Can I help? D&A Statements are required when an application is being made for "planning permission". See Art 8 of the DMPO 2010 (formerly Art 4C GDPO). The requirements for a reserved matters application are set out in Art 5 of DMPO and do not include D&A Statements. The Planning Encyclopedia states in the commentary on Art 4 of the GDPO that an application for reserved matters consent is not an application for planning permission. Where Will do you get the requirement that reserved matters applications must conform to local lists?
Former Member, Addaswyd 13 Years yn ôl.

Design & Access Statements (When is one required)

It seems my early foray into the murky world of public forums has bit me on the preverbial arse here. That said, my thought was that whilst reserved matters is not an application for permission and as such there is no legislative requirement to submit one, where a local list has a requirement to submit a DAS or other similar statement to explain how the principles of the outline permission have been applied/adhered to at the reserved matters stage, you could reasonably request one. Your thoughts? Go easy!!
Former Member, Addaswyd 13 Years yn ôl.

Re: Design & Access Statements (When is one required)

First thought is that the written word is so stark - apologies there, I didn't intend to wound, only ask in case there was a source I had missed. After I put up my post I found myself reading a permission whose conditions stated in Grampian terms that RM applications had to be accompanied D&A Statement which of course is enforceable. But otherwise I can' t see any requirement for a D&A Statement other than at application stage. I can't see how a local list can require one at RM stages, because the requirements for a valid RM application are set out in law. The whole "validation" experience has to my mind simply proliferated the range of documents required for a valid application, when previously it was clear, and I'd prefer that we avoid that with other aspects of the system. What purpose would be served by requiring a further Design and Access Statement?