Final Effective version of the Revised Access and Mobility… by lindahy

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									PP
                      Revised
dDd              Access & Mobility
              Development Control Plan
                       2005




      1.0   Adoption of this Plan                                         2
      2.0   Design Guidelines for Access                                  6
      3.0   Adaptable Housing                                             9
      4.0   Exceptional Circumstances                                   11




                                      Auburn Development Control Plans 2000
                                Revised Access & Mobility DCP – Page 1 of 12
                                                   Effective from 4 May 2005
1.0      Adoption of this Plan

The ‘Revised Access and Mobility Development Control Plan 2005’ (DCP) was adopted by
Auburn Council on………..and became effective on……..


1.1      Land to which this DCP Applies

This DCP applies to all land covered by the Auburn Local Environmental Plan 2000 (ALEP).


1.2      Development to which this Plan Applies

This DCP applies to all proposed developments except for:

•     building class 1a (Detached Dwellings and Dual Occupancies, Multiple Dwellings (villas,
      row, town and terrace houses) and class 2 (Residential Flat Buildings) unless
      development exceeds 5 or more, housing units; and

•     building class 10a (non habitable buildings such as private garages, carports, sheds,
      etc.), and class 10b (structures such as retaining walls, mast antennas, etc.) as specified
      in the Building Code of Australia (BCA).

If this DCP is inconsistent with any other DCPs effective before or after this DCP, this DCP
prevails to the extent of the inconsistency. This DCP also supersedes the Adaptable Housing
provisions of individual Development Control Plans already adopted by Council.


1.3      Statement of Intent

The intention of this DCP is to ensure that all members of the community have unimpeded
access to a wide range of premises in the built environment. Section 4 of the Disability
Discrimination Act (DDA), 1992 refers to premises as:

         “(a)    a structure, building, aircraft, vehicle or vessel; and
          (b)    a place (whether enclosed or built on or not); and
          (c)    part of premises (including premises of a kind referred to in paragraph
                 (a) or (b)).”

Access refers to an environment which is free from barriers for people with either temporary
or permanent disabilities. It includes entry to and mobility within a building or place by means
of the provision of a continuous accessible path of travel. It also means the provision of
information in such a manner that can be interpreted by people with sensory disabilities.

It is noted that, the DDA 1992, allows discrimination against a person with a disability, where
to do otherwise would cause unjustifiable hardship. This hardship, described under section
4.0 of this DCP must be proven to Council.

Further Information relating to disability rights issues dealing with access to premises can be
obtained through the Human Rights and Equal Opportunity Commission (HREOC) web site
http://www.hreoc.gov.au.




                                                             Auburn Development Control Plans 2000
                                                       Revised Access & Mobility DCP – Page 2 of 12
                                                                          Effective from 4 May 2005
1.4      What is a Disability?


Section 4 of the DDA, 1992 defines disability in relation to a person as a:

         “(a)     total or partial loss of the person’s bodily or mental functions; or
          (b)     total or partial loss of a part of the body; or
          (c)     the presence in the body of organisms causing disease or illness; or
          (d)     the presence in the body of organisms capable of causing disease or
         illness; or
          (e)     the malfunction, malformation or disfigurement of a part of the person’s
         body;
          (f)     a disorder or malfunction that results in the person learning differently
         from a person without the disorder or malfunction; or
          (g)     a disorder, illness or disease that affects a person’s thought
         processes, perception of reality emotions or judgement or that results in
         disturbed behaviour; and includes a disability that:
          (h)     presently exists; or
          (i)     previously existed but no longer exists; or
          (j)     may exist in the future; or
          (k)     is imputed to a person.”

It includes people who have temporary or permanent disabilities, have had a disability in the
past, have a disability in the future, or are believed to have a disability through an illness.


1.5     The Role of this DCP

The Auburn LGA community includes people with disabilities of a temporary or permanent
nature, people with age related disabilities, as well as people with particular temporary
restrictions on their mobility.

This DCP:

•     sets out Council’s requirements for the provision of access to and mobility within all new
      premises within the Auburn LGA;

•     aims to ensure that all members of the community have unimpeded access to a wide
      range of premises i.e. housing, shops, businesses, their facilities and services i.e. banks,
      entertainment, recreation etc. which may be constructed within the Auburn LGA; and

•     provides development standards for access and adaptable housing; and

•     a mechanism for exemption from this DCP under exceptional circumstances described
      under section 4.0 of this DCP.




                                                              Auburn Development Control Plans 2000
                                                        Revised Access & Mobility DCP – Page 3 of 12
                                                                           Effective from 4 May 2005
1.6       How to Use this DCP

All applicants should consider the following four steps when lodging a Development
Application (DA) in accordance with this DCP:

•     Step 1: Consider whether this DCP applies to a particular type of development proposed
      by checking the BCA classifications for buildings and structures.

•     Step 2: Consider the requirements that the development must comply with by referring to
      this DCP, relevant Australian Standards (AS) and the BCA.

•     Step 3: Applicants must provide evidence that the requirements of DDA, 1992 and this
      DCP have been considered and addressed in the design of the proposed developments
      when lodging a DA to Council. The evidence must be included in or attached to the
      Statement of Environmental Effects (SEE) as part of the report prepared by a qualified
      and experienced building professional.

•     Step 4: If a case of unjustifiable hardship is made under exceptional circumstances, this
      hardship must be demonstrated to Council’s satisfaction. A copy of the claim for grounds
      for unjustifiable hardship (refer section 4.0 of this DCP for the claim criteria) should be
      submitted by the applicant when lodging a DA with Council. (The Council will not accept
      the DA without the copy of the claim for unjustifiable hardship).


1.7       Submission Requirements Specific to Access and Mobility Matters

Access is one of many important design objectives which are considered by Council. Council
will assess each application on its merits having regard to this and other Plans and policies
that apply to the development proposals.

Where this DCP is relevant to a development proposal, the DA must be compliant with all
requirements stated in steps 1, 2, 3 and 4 above.

Applicants are encouraged to consult with Council to discuss their proposal prior to lodging a
DA. Council conducts pre-lodgement meetings to provide development advice which is
subject to a fee. General Planning advice can also be obtained from Council’s Duty Planner.


1.8       Relationship to other Plans, Policies and Standards

This DCP has been prepared in compliance with the requirements of the:

      -   Environmental Planning and Assessment Act, 1979
      -   Environmental Planning and Assessment Regulation, 2000
      -   Disability Discrimination Act, 1992 (DDA)
      -   Anti Discrimination Act, 1977
      -   Local Government Act, 1993
      -   Heritage Act, 1977
      -   Building Code of Australia (BCA)
      -   Auburn Local Environmental Plan, 2000
      -   Relevant Australian Standards referred to the above legislation, particularly AS 1428
          (Parts 1-4) (Design for Access and Mobility) and AS 4299 (1995) -Adaptable Housing
      -   State Environmental Planning Policy - (Seniors Living) 2004
      -   All other relevant State legislation relating to access and mobility such as the
          Disabilities Services Act, 1993
                                                             Auburn Development Control Plans 2000
                                                       Revised Access & Mobility DCP – Page 4 of 12
                                                                          Effective from 4 May 2005
This is a DCP pursuant to ALEP and applies to development permitted by that LEP.


1.9          References for Additional Information

             Articles published by HREOC such as:
      -      Access to Premises: An Update on Progress; and
      -      Advisory Notes on Access to Premises published 1997 and as amended March
             1998.

          Note: All applicants should refer to the current Acts, Australian Standards, Documents, Brochures,
          Building Code of Australia when referring to this Revised DCP 2005. A reference to any Australian
          Standard is taken to be a reference to the version of the standard that applies at the time the
          development application is lodged.




                                                                     Auburn Development Control Plans 2000
                                                               Revised Access & Mobility DCP – Page 5 of 12
                                                                                  Effective from 4 May 2005
2.0     Design Guidelines for Access

OBJECTIVES

a.      Improve access to and mobility within all premises of the Auburn LGA.

b.      Provide equal access opportunities to all sections of the community within the Auburn
        LGA to achieve Council’s social development goals.

 Performance Criteria                            Development Standards


                                                 D2.1 Access guidelines that apply to all
 Development Applications must ensure an         new/proposed development
 integrated approach to the provision of
 access to buildings is undertaken.              Notes:
                                                 Development Standards are specified in the
 Development must comply with the relevant       Australian Standards and the BCA for walkways,
 Australian Standards, BCA provisions and        ramps and landings, handrails and grab rails,
 The Manual of Best Practice: Access for         doorways, doors and circulation space at
 People with Mobility Disabilities.              doorways, lifts, stairways, sanitary facilities,
                                                 building controls, surface on a continuous path of
                                                 travel, car parking, signage indicating access,
                                                 seating in public entertainment areas, hearing
                                                 augmentation listening systems and lighting,
                                                 should be considered.

                                                 The following key standards apply when
                                                 designing for Access and Mobility:
 Notes:
 This standard sets out the minimum
                                                         •   AS 1428.1(2001) - Design for
 requirements for disabled access that
 apply to all proposed developments that                     Access and Mobility: General
 are subject to DA’s except for buildings                    Requirements for Access – New
 classes specified in section 1.2 of this                    Building Work
 DCP within the Auburn LGA.

 This standard sets out enhanced                         •   AS 1428.2 (1992) - Design for
 requirements for the minimum access                         Access and Mobility: Enhanced
 stated under AS 1428.1 (2001).                              and Additional requirements-
                                                             Buildings and Facilities

 This standard sets out requirements for the             •   AS 1428.3 (1992) - Design for
 design and installation of tactile indicators               Access and Mobility
 for use on ground floor surfaces to assist                  Requirements for Children and
 the mobility of people with vision
                                                             Adolescents with Physical
 impairment.
                                                             Disabilities

                                                         •   AS 1428.4 (2001) - Design for
 This standard sets out requirements for the
 design and installation of tactile indicators               Access and Mobility: Tactile
 for use on ground floor surfaces to assist                  Ground Surface Indicators for the
 the mobility of people with vision                          Orientation of People with Vision
 impairment.                                                 Impairment

                                                         •   BCA (Building Code of Australia)




                                                            Auburn Development Control Plans 2000
                                                      Revised Access & Mobility DCP – Page 6 of 12
                                                                         Effective from 4 May 2005
Performance Criteria                            Development Standards


Note:
This    standard    sets    out access          •   AS 2890.2 (2002) – Parking facilities, Part
requirements relating to off street                 2: Off Street Commercial Vehicle
commercial vehicle parking.
                                                    Facilities

Notes:
This Manual sets out the requirements for       •   The Manual of Best Practice: Access for
disabled access standards applying to               People and Mobility Disabilities
various elements in the public domain. This         (Published by Western Sydney Regional
manual is used by Council for construction          Organisation of Councils Ltd)
in the public domain that relate to access.

Public domain is the open public space
that includes elements such as streets,
pathways, roads, traffic signals, ramps,
kerbs, gutters, laybacks pedestrian
crossings and driveway laybacks.

                                                D2.2 Access requirements for existing
                                                development, subject to a DA

No building work should be undertaken           •   For major alterations and renovations to
that may result in a decrease in the                existing buildings that are used for
existing level of access.                           residential and non residential purposes,
                                                    comply with development standards
                                                    stated in section D2.1.


                                                D2.3 Access requirements for building
                                                work which involves changes to an
                                                existing entrance/exit, but no major
Note:                                           alteration to other parts of the property
If the use of an existing building changes it
may also change its classification under        •   Refer to development standards stated in
the BCA. If this is the case, Council can           D2.1 above.
require the premises to be made fully
accessible.
                                                           Auburn Development Control Plans 2000
                                                     Revised Access & Mobility DCP – Page 7 of 12
                                                                        Effective from 4 May 2005
                                             D2.4 Access requirements for minor
                                             building works which do not affect the
                                             access to the property

                                             •   Refer to development standards stated in
                                                 D2.1 above.


                                             D2.5 Access requirements for change of
                                             use which includes building work

                                             •   If major new work/alterations/additions are
                                                 proposed, comply with the DCP
                                                 requirements and refer to development
                                                 standards stated in section D2.1 above.


Performance Criteria                         Development Standards


                                             •   If minor works include a change to the
                                                 entrance/exit, comply with access
                                                 requirements stated in section D2.3
                                                 above.

                                             •   If there is no change to the building
                                                 classification and there is only minor
                                                 building work, comply with access
                                                 requirements stated in section D2.4
                                                 above.


                                             D2.6 Change of use with no building work

                                             •   The application must comply with the
                                                 obligations imposed by the DDA, 1992.


                                             D2.7 Special purpose developments

Note:                                        •   Refer to State Environmental Planning
This policy applies to special purpose           Policy - (Seniors Living) 2004 and
developments that include residential care
                                                 development standards stated in D2.1
facilities, hostels and self contained
                                                 above.
dwellings, in fill self care housing and
serviced self -care housing for seniors.




                                                        Auburn Development Control Plans 2000
                                                  Revised Access & Mobility DCP – Page 8 of 12
                                                                     Effective from 4 May 2005
3.0   Adaptable Housing

OBJECTIVES

a. To ensure sufficient proportion of dwellings include accessible layouts and features to
   accommodate changing requirements of residents.

b. To encourage flexibility in design to allow people to stay in their home as their needs
   change due to age or disability.

 Performance Criteria                            Development Standards


                                                 This Standard does not apply to building
                                                 classes 1a and 2 unless development
                                                 exceeds 5 or more housing units. (See
                                                 section 1.2 of this DCP)

                                                 D3.1 Design Guidelines

 Performance         criteria  such    as        The required design standard for Adaptable
 visitability, avoidance of level changes,       Housing is AS 4299 (1995).
 manoeuvrability (providing sufficient
 circulation space), ease of adaptation,         Wherever the site permits, developments
 ease of reach and future laundry                should include adaptive housing features into
 facilities should be considered when            the design.
 designing adaptable housing units.
                                                 External and internal considerations should
                                                 include:
                                                 •   access from an adjoining road and
 Note:                                               footpath for people who use a wheel chair;
 An Adaptable Housing Unit is designed           •   doorways wide enough to provide
 and built to meet various performance               unhindered access to a wheelchair;
 requirements and features. It can be            •   adequate circulation space in corridors
 modified easily in the future as people’s           and approaches to internal doorways;
 housing needs change, to become
                                                 •   wheelchair access to bathroom and toilet;
 accessible to both occupants and visitors
                                                 •   electrical circuits and lighting systems
 with a disability or progressive frailties.
                                                     capable of producing adequate lighting for
                                                            Auburn Development Control Plans 2000
                                                      Revised Access & Mobility DCP – Page 9 of 12
                                                                         Effective from 4 May 2005
                                                   people with poor vision;
                                               •   avoiding physical barriers and obstacles;
                                               •   avoiding steps and steep end gradients;
                                               •   visual and tactile warning techniques;
                                               •   level or ramped well lit uncluttered
                                                   approaches from pavement and parking
                                                   areas;
                                               •   providing scope for ramp to AS 1428.1 at
                                                   later stage, if necessary;
                                               •   providing appropriate dimensions of
                                                   structural walls;
                                               •   providing easy to reach controls, taps,
                                                   basins, sinks, cupboards, shelves,
                                                   windows, fixtures and doors; and
                                               •   internal staircase designs for adaptable
                                                   housing units that ensure a staircase
                                                   inclinator can be installed at any time in
                                                   the future.
Performance Criteria                           Development Standards


                                               D3.2 Achieving the Objectives

Note:                                          The extent to which the objectives have been
Adaptable Housing Class C incorporates         successfully achieved will be measured by
all essential features listed in Appendix A-   the following:
Schedule of Features for Adaptable
Housing in AS 4229.
                                               All development proposals with five or more
Evidence of Compliance of the
                                               housing units should be capable of being
Adaptable      Housing      Class    C
                                               adapted (Class C) under AS 4299 Adaptable
requirements should be submitted
                                               Housing -1995 in accordance with the table
when lodging a DA to Council. This
                                               below and potentially comply with AS 1428
should be certified by an experienced
                                               Parts 1 to 4.
and qualified building professional.
                                               The minimum number of adaptable housing
                                               units should be as set out in the table below.

                                               Total Number of Dwellings Minimum
                                               in Development            Number of
                                                                         Adaptable
                                                                          Units
                                                   5 -10                   1
                                                  11-20                    2
                                                  21-30                    3
                                                  31-40                    4
                                                  41-50                    5
                                               Over 50                     6

                                               (Plus 10% of additional dwellings beyond 60,
                                               rounded up to the nearest whole number)

                                               D3.3 Lifts

                                               Lifts are encouraged servicing at least one
                                               section of four (4) storey developments. If lifts
                                               cannot be provided all adaptable housing
                                                          Auburn Development Control Plans 2000
                                                   Revised Access & Mobility DCP – Page 10 of 12
                                                                       Effective from 4 May 2005
                                                   units must be provided within the ground floor
                                                   of the building.

                                                   D3.4 Physical Barriers

                                                   Physical barriers, obstacles, steps and steep
                                                   gradients are to be avoided.




4.0       Exceptional Circumstances

This DCP adopts a consistent approach with the DDA, 1992 where claims of exceptional
circumstances will be considered during the DA process providing the case for unjustifiable
hardship was been proven by Council. Unjustifiable hardship is a mechanism in the DDA for
the consideration of instances where access and mobility requirements are reasonable,
impractical or not cost effective. Whilst exceptional circumstances under this DCP are based
on the DDA concept of unjustifiable hardship they do not necessarily represent all the issues
considered under this legislation.

4.1       Unjustifiable Hardship

Auburn Council is bound by the requirements of the Environment Planning and Assessment
Act, 1979, the Local Government Act, 1993 and accompanying Regulations to ensure that
adequate access is provided for people with a disability.

Council also upholds section 23 (1) and (2) of the DDA 1992 which allows discrimination
against a person with a disability, where to do otherwise would cause unjustifiable hardship.
‘Unjustifiable hardship’ is assessed on a case by case basis. Grounds for claiming
unjustifiable hardship must be made in accordance with the requirements of DDA, 1992.

Section 11 of the DDA, 1992 determines what constitutes unjustifiable hardship, where all
relevant circumstances of the particular case are to be taken into account the following
criteria needs to be addressed on the grounds for claim for unjustifiable hardship:

      •    Benefits: The extent to which the people will benefit from the development complying
           with the DCP (positive and negative feedbacks from the disabled and community);

      •    Detriments: The extent to which the people be detrimentally affected if the
           development is not accessible; (the effect of both positive and negative, on other
           people by providing the required level of access, for example people delivering goods,
           people with prams or trolleys and staff);

                                                              Auburn Development Control Plans 2000
                                                       Revised Access & Mobility DCP – Page 11 of 12
                                                                           Effective from 4 May 2005
   •   Cost: The cost of compliance with the DCP that refers to the actual cost incurred on
       the access provisions alone;

   •   Other special considerations:
       Include technical difficulties in providing access, topographical restrictions, the effect
       of any alterations and additions that have an impact on heritage significant properties,
       safety, design and construction issues;

   •   Alternatives: The alternatives which have been investigated to overcome the above
       special considerations should be submitted with DA; and

   •   Ability to meet the costs: The ability of the developer/applicant to meet the cost of
       complying with the DCP. DA should be supported with additional information such as
       financial reports to document the situation.

What would be an unjustifiable hardship to one person(s) or organisation(s) may not be for
another and could not be specified as a general s     tatement applying to all cases. The
provisions of Section 11 of DDA, 1992, require assessment on a case by case basis on merit
and in some circumstances the applicant may claim for unjustifiable hardship complying with
access standards for the Council’s final decision.




                                                            Auburn Development Control Plans 2000
                                                     Revised Access & Mobility DCP – Page 12 of 12
                                                                         Effective from 4 May 2005

								
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