From:

Leonard Lowther <lowther27@gmail.com>

Date: Monday, 23 December 2013 14:46
To: Janet Johnson <Janet.Johnson@sunderland.gov.uk>
Cc: David Smith <david.smith@sunderland.gov.uk>, Cllr Paul
Watson <Cllr.Paul.Watson@sunderland.gov.uk>,
"Richard.Harral@communities.gsi.gov.uk"
<Richard.Harral@communities.gsi.gov.uk>, Jonathan, "Pritchard,
Chris" <Chris.Pritchard@pins.gsi.gov.uk>, "ELLIOTT, Julie"
<julie.elliott.mp@parliament.uk>, Mandy
<M.Ali@coinweb.lgo.org.uk>

Subject: Re: Leonard Lowther/The Shocking Reality

Good day Janet
You state: The planning decision
clearly sets out that commercial floorspace on
a 1st floor does not require a lift or lifting
platform if it is below 100 sq.m.

Planning approval was granted for up to a total
of 240 sq.m. of commercial floorspace. ( first
floor level ) It is envisaged that this will be
implemented in a number of commercial units
which will each be less than 100 sq.m. In such
circumstances none of the resulting offices
would need to provide a lift.

You are informing me that any building in the
Sunderland area with upper floors can now be
subdivided into commercial units of less than
100 sq. meters and they will not require a
lift!!!

The planning decision is incorrect and I
believe you have been wrongly advised please
see the attached report (AidAccess) and
Approved Document M and The Equality Act 2010.


If what is stated is correct then why were
other developments required to provide a lift?
Why would an owner of a building not simply
save the cost of installing a lift? What would
stop me buying a three storey commercial
building and subdividing into areas of less
than 100 sq. meters and renting them as
commercial units?

Can you please inform me of any other premises
in Sunderland that have been granted planning
permission for commercial units on first floor
level under the circumstances you mention? In
fact lets just say commercial units above
ground floor level, as I would love to know
where the limits are.

Access for all (inclusion) is required for all
new buildings unless there are exceptional
circumstances, which in this case there is not.
This new development is not in a flood plane
and there are no constraints to the site other
than the physical size of the site and the size
of the proposed development. I find it
incredible that I, as an individual have had to
go to the lengths I have and still Sunderland
Council try to find loopholes in legislation /
policy / guidance!!! Just to allow Fitz
Architects to build a development without
inclusive access for all simply to increase
internal floor area.

It does sum up Councillor Mel Spedings reply to
me that "the law is just opinion". It seems to
me this is the attitude Sunderland Council has
adopted. If we can find a way around it we

will, never mind all the statements we make

regarding equality. Sunderland City Council -
Unitary Development Plan, Main Strategic Aims
were to ensure that any special needs of those
residents of the City who experience social,
economic, racial or physical disadvantages are
taken into account in all development and
regeneration proposals!!!

I note that the shop fronts and the large
outdoor public seating area have not been
mentioned. Level access to the shop fronts and
ramped access to the seating area have also
been ignored during this planning application

I have paid for an experts report on the issues
of access to this development and his report is
attached. The issues raised within the report
highlight the utter contempt Sunderland Council
has towards people with physical disadvantages.
Considering the ageing population and the
general population who have children in
pushchairs access for all is even more
imperative.

If this development does get built without
regard to access for all, then obviously, I
will need to reconsider the expense of ramps
etc in my plans. It would be unfair for me to
have to spend money on items and construction
if this development is not required to do so,
and of course a precedent will have been set
not only for Sunderland but for all of England.

Regards Len Lowther