Regulation 19 Rutland Local Plan
Adaptable and accessible homes
What will the policy do?
The policy requires all new homes to be adaptable and accessible and meet the M4(2) accessibility standards which are additional to the standard Building Regulation Part M requirements. Large developments of 50 or more homes will be expected to provide 2% of the site capacity to meet the higher M4(3) standards.
Policy H5 – Accessibility standards Comment
All new dwellings are required to be adaptable and accessible as defined in part M4(2) Category 2 Accessible and adaptable dwellings of the Building Regulations, unless, by exception only, where M4(2) is impractical and unachievable.
(Exceptions may be due to issues such as topography, or flats that are first floor or above and which are not specialist accommodation for older people. Viability will not be an acceptable reason for failure to provide M4(2) where there are no such exceptional reasons, nor will any absence of compliant standard property types.)
Where practicable, new dwellings should also be provided with convenient external access, parking and storage facilities for mobility scooters.
On sites totalling 50 or more dwellings, a minimum of 2% of all dwellings is required to meet part M4(3) of the Building Regulations.
Why is this policy needed?
New homes should be high quality, accessible and sustainable. To achieve this, the Government has created new technical standards. These standards include optional additional standards for water, accessibility, and space. Local Planning Authorities can choose to include these optional standards in the local plan - if included, these accessibility standards are additional to the standard Building Regulation Part M requirements. The Council is mindful of the fact (detailed below) that the Government has announced that the M4(2) standard will become mandatory.
The Nationally Described Space Standard deals with the internal space within new dwellings. It sets out requirements for gross internal floor area at defined levels of occupancy as well as floor areas for key parts of the home, such as bedrooms, storage, and floor to ceiling heights. These standards are not part of the Building Regulations. In considering whether to impose the standards regard should be given to need for the standards in the area and the effect on viability.
Whilst there is evidence that current housing stock in the County, particularly properties of 3 bedrooms or less, does not meet these standards, due to the impact on the lower end of the housing market and the relatively low bedroom occupation levels in Rutland it is not considered appropriate to include the Nationally Described Space Standards in local policy at this time.
The introduction of optional accessibility standards may in practice help with dwelling space standards indirectly. The Building Regulation M4 is in 3 parts.
M4(1) – Category 1 Visitable Dwellings (all dwellings) (required)
M4(2) – Category 2 Accessible and adaptable dwellings (currently optional)
M4(3) – Category 3 Wheelchair user dwellings (optional)
In July 2022, the Government announced the outcome of the 2020 consultation on raising accessibility standards of new homes saying:
"Government proposes that the most appropriate way forward is to mandate the current M4(2) (Category 2: Accessible and adaptable dwellings) requirement in Building Regulations as a minimum standard for all new homes – option 2 in the consultation. M4(1) will apply by exception only, where M4(2) is impractical and unachievable (as detailed below). Subject to a further consultation on the draft technical details, we will implement this change in due course with a change to building regulations."
The Government will now consult further on the technical changes to the Building Regulations to mandate the higher M4(2) accessibility standard. No timescale has been announced.
This policy is needed:
- to secure the provision of M4(2) dwellings before the proposed introduction of the revised Building Regulations
- to ensure that provision is made for M4(3) dwellings on large sites.
The number of residents with mobility needs is set to increase substantially. Whilst not every person with mobility needs will need a property to the higher M4(2) accessibility standard, people's needs may change over time and properties built to M4(2) provide greater flexibility compared with M4(1) which is the normal minimum required by the Building Regulations at the time of writing. The Government has announced that the normal minimum accessibility requirement will be M4(2). In the meantime, before the Government has phased it in, the Local Plan policy will reflect this, backed up by the findings of the HMA 2023. Given the increased number of people with disabilities forecast in Rutland in the period to 2033 by the HMA, the M4(2) accessibility standard will be required where practicable. The HMA 2023 also highlighted a smaller need for M4(3) dwellings. Paragraph 41 estimates that the need is for up to 190 homes designed to accommodate wheelchair users (M4(3)) in Rutland for the ten-year period 2023-33. The HMA 2023 states in paragraph 6.67: "Nationally, around 3.4% of households contain a wheelchair user – with around 1% using a wheelchair indoors." The Council has taken a viable approach towards meeting this need. This is by requiring, on sites totalling 50 or more dwellings, 2% of all dwellings to meet the M4(3) standard.
Chapter 8 of the Whole Plan Viability Assessment makes allowance for the higher access standards proposed.
Research by the Council indicates that there is little or no overall need for additional care home beds during the lifetime of the Local Plan. Further information is included under Policy H4 - Meeting All Housing Needs.
Supporting Evidence
Housing Market Assessment (August 2023)
Whole Plan Viability Assessment (October 2023)
Older Person's Accommodation Market Position Statement (July 2021)
Market Sustainability Plan 2023
