Are there special planning permissions for disabled children?

[Guest Withheld]

Hello.
Im am wondering if you can offer advice or point out any legislation regarding implementing a safe home fire exit route for our 15 year old disabled son who is autistic ?
We have a 100 year old stone terrace house with only one entrance door. We had a 1st floor extension built a few years ago and our local council stipulated that the end window had to open outwards like a door to give us a safe exit straight onto the flat kitchen roof in case of fire. The flat roof has two low walls down each side and a sheer drop down to concrete at the end.We didnt think this was safe for our son and so we started to construct decking ( to reduce the drop from the window to the roof) And railings with a safety gate in the end and a ladder. Our son has some coordination problems and has learning difficulties and in times of stress his behaviour can be unpredictable.He spends his time in his 1st floor bedroom. We also have an oprn fire which is maintained but adds to the fire risk. The council have now said that we need to apply for planning permission and we have had to stop the adaptions. The area is only 3 metres square. We want to put our case across to them effectively. Is there anything legal regarding disabled people and home escape routes that we can include in our application to the council? We feel that we are making reasonable adaptions to our home.

Thanks

[Tom Sutton]

The planning committee is a group of amateurs (councilors) lead by a professional planning officer who will try to ensure you proposals meet the local planning laws and it will not detract from the look of the local area. If your premises is listed then you will involve heritage lot and may be followed by building regulations.

You or your solicitor should be able to address the meeting and explain how important a means of escape and safety is for your son. You should emphasize that you would consider minor alterations to your proposals and hope there are some sympathetic councilors on the committee.

The only legislation that may be involved is the Equality Act 2010 is designed to protect disabled persons, among others but I am not sure it will be of any use to you. The Building Regulation does require satisfactory means of escape from domestic dwellings including other requirements.

Check out http://www.planningportal.gov.uk/wps/portal/portalhome also Approved Document B - Fire Safety: Volume 1 – Dwelling houses for more information.

[Guest Jill]

Thankyou for replying Tom and for explaining things so clearly. The council confirmed that the look of the roof is all that they take into account though Im waiting for someone from a solicitor who specialises in special needs to confirm a few things. If we are turned down we may be able to apply for Temporary Planning Permission , so the balcony can remain up for as long as we live in the house, though I dont know how easy it is to obtain this sort of permission. Your point about being willing to consider minor alterations is excellent. I am very keen to work 'with ' the council on this issue. I will check out the links too.

Thanks.

[Tom Sutton]

Hi Jill if you wouldn't mind keep us inform on future developments.

[Guest Jill]

I will keep you updated,

Jill

[Guest JillFay]

Just to let you know that we have received planning permission for the balcony and also permission to convert the window into doors for access onto the balcony. The application went through without a hitch. The planning officer acknowledged our long standing safety concerns in her report. Many thanks for your advice Tom, it has been much appreciated. If we did come up against problems with the application we had been advised by a solicitor to encourage the council to "have due regard for a protected characteristic " ie our sons disabilities.

Best Wishes

Jill