The Planning (General Development Procedure) Order (Northern Ireland) 2015

Design and access statements N.I.

6.—(1) Subject to paragraph (4), this Article applies to an application for planning permission which is for—

(a) development which is major development;

(b) where any part of the development is in a designated area, development consisting of—

(i) the provision of one or more dwelling houses, or

(ii) the provision of a building or buildings where the floor space created by the development is 100 square metres or more.

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

(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 development;

(b) demonstrate the steps taken to appraise the context of the development and how the design of the development takes that context into account;

(c) explain the policy or approach adopted as to access, and in particular, how—

(i) policies relating to access to, from and within the development have been taken into account,

(ii) policies relating to access in the local development plan have been taken into account, and

(iii) any specific issues which might affect access to the development for disabled people have been addressed;

(d) describe how features which ensure access to the development for disabled people will be maintained;

(e) 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;

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

(g) explain the design principles and concepts that have been applied to take into account environmental sustainability.

(4) This Article does not apply to an application for planning permission which is for—

(a) permission to develop land without compliance with conditions previously attached, made pursuant to section 54 of the 2011 Act, unless those conditions relate to design and access issues;

(b) engineering or mining operations;

(c) a material change in use of the land or buildings, provided that if the new use will necessitate access by an employee or involves the provision of services to the public or to a section of the public, with or without payment, then this Article applies to the application for access only; or

(d) development which is waste development.

(5) For the purpose of this Article, “designated area” is defined as—

(i) a conservation area,

(ii) an area of outstanding natural beauty,

(iii) a World Heritage Site, and

(iv) an area of townscape or an area of village character.

(6) In this Article “area of townscape character” and an “area of village character” have the same meaning as in Part 33 of the Schedule to the Planning (General Permitted Development) Order (Northern Ireland) 2015 M1 .

Marginal Citations

M1 S.R. 2015 No.70