Committee
Local Government and Communities Committee 31 October 2018
31 Oct 2018 · S5 · Local Government and Communities Committee
Item of business
Planning (Scotland) Bill: Stage 2
I will speak to amendment 323A, which is my amendment, and in support of amendment 323, which is in the name of Jeremy Balfour. Amendments 323 and 323A serve to strengthen the bill by including a statutory provision for inclusion of changing places toilet facilities in certain large new developments. Such toilets are essential for people who live with profound and multiple learning difficulties, or with disabilities that severely limit mobility, and for people who are unable to use standard accessible toilets—that is, disabled toilets. In February 2009, the British Standards Institution’s BS 8300 “Design of buildings and their approaches to meet the needs of disabled people—Code of practice” was published. The code provides guidance on the design of buildings to ensure that they met the needs of disabled people, and outlined the specifications for changing places toilets. Amendment 323 attempts to enshrine in legislation the recommended BS dimension for such toilets. As the amendment outlines, those toilets should be a minimum of “12 square metres, to allow up to two carers to assist an adult to use the toilet”. My amendment 323A would supplement and strengthen amendment 323. BS 8300 recommends nine categories of larger buildings and complexes that should provide a changing places toilet, and amendment 323 covers four of those categories. Amendment 323A adheres to the BSI recommendation to standardise provision of changing places toilets by making them a legal requirement in “Major transport termini and interchanges ... Cultural centres, such as museums, concert halls and art galleries ... Stadia and large auditoria” and motorway service facilities. At present, the provision of changing places toilets is sporadic and inadequate because there is no legal requirement for large buildings and complexes to provide facilities that comply with BS 8300. To give one small example, I note that there are only two changing places toilets on Scotland’s road networks. Both are located on the M74: one is at the Cairn Lodge services near Lesmahagow and the other is at Annandale Water services near Lockerbie. There is growing awareness about the necessity for changing places toilets. It is estimated that more than a quarter of a million people across the UK need changing places toilets to enable them to get out of the house and go about their day-to-day activities. I believe that the Scottish Parliament should lead the rest of the UK on the issue. From an equalities and human rights perspective, agreement to amendments 323 and 323A would ensure that our public buildings, shared spaces and the wider built environment are more accessible, inclusive and responsive to the basic needs of all members of our society. Changing places toilets are vital and potentially life-changing facilities. Their introduction in new developments would ensure greater accessibility and inclusivity for carers and individuals who require those facilities. The reality is that without access to a suitable changing bench and hoist, many people with complex disabilities are forced to choose between lying on an unhygienic toilet floor or becoming trapped in their own home. I urge the committee to support amendments 323 and amendment 323A.
In the same item of business
The Convener
SNP
Agenda item 2 is day 5 of stage 2 of the Planning (Scotland) Bill. I welcome to the meeting the Minister for Local Government, Housing and Planning, Kevin St...
The Convener
SNP
Amendment 257, in the name of the minister, is grouped with amendments 145 to 147.
The Minister for Local Government, Housing and Planning (Kevin Stewart)
SNP
Good morning, convener. This group of amendments relates to a planning authority’s ability to refuse to even deal with an application. The current provisions...
Claudia Beamish (South Scotland) (Lab)
Lab
Good morning. Amendment 145 aims to increase from two years to 10 years the time period that local authorities would have to deal with multiple similar appli...
Monica Lennon (Central Scotland) (Lab)
Lab
Good progress has been made in the context of Claudia Beamish’s proposals: the minister has moved from his predecessor’s position. I welcome the local exa...
Annabelle Ewing (Cowdenbeath) (SNP)
SNP
Amendment 257 deals with the important issue of serial applications, and I am pleased to note that the minister has responded to concerns that I and, I am su...
Kevin Stewart
SNP
I am happy that Ms Ewing has highlighted the discretion that already exists. I have to say that, at times, it is frustrating for me as the minister to have t...
Claudia Beamish
Lab
Will the minister give way?
Kevin Stewart
SNP
Very briefly.
Claudia Beamish
Lab
The minister says that guidance cannot change the meaning of legislation, but surely it can reflect what the bill says in terms of developing clarity. I beli...
Kevin Stewart
SNP
As I said, guidance cannot change the meaning of primary legislation. That is a matter for the courts. Beyond that, as I have just pointed out, we cannot set...
Monica Lennon
Lab
Will the minister give way?
Kevin Stewart
SNP
Very briefly.
Monica Lennon
Lab
I will be brief, minister. Were the same arguments not levied against your proposal to move from a five-year to a 10-year local development plan cycle, and h...
Kevin Stewart
SNP
There are real differences between what is being proposed here and what was proposed with regard to the local development plan cycle. The idea behind the mov...
The Convener
SNP
The question is, that amendment 306 be agreed to. Are we agreed? Members: No.
The Convener
SNP
There will be a division. For Lennon, Monica (Central Scotland) (Lab) Simpson, Graham (Central Scotland) (Con) Stewart, Alexander (Mid Scotland and Fife)...
The Convener
SNP
The result of the division is: For 4, Against 3, Abstentions 0. Amendment 306 agreed to.
The Convener
SNP
Amendment 318, in the name of Mark Ruskell, is grouped with amendments 80, 141, 208, 294, 324, 331, 323, 323A, 230, 263 and 335.
Mark Ruskell (Mid Scotland and Fife) (Green)
Green
The inspiration for amendment 318 came from the Scottish Parliament’s first ever inquiry into air quality, which the Environment, Climate Change and Land Ref...
Jeremy Balfour (Lothian) (Con)
Con
Amendment 80 aims to ensure that, when applications are made to a planning authority for planning permission regarding developments of housing that is suitab...
Claudia Beamish
Lab
Amendment 141 is consequential on amendment 140. Committee members and others present might be pleased to hear that I do not intend to move it, because I hav...
Graham Simpson (Central Scotland) (Con)
Con
Before you do that, I would like to ask about amendment 230. The amendment says that the requirement to provide community open space should apply to any deve...
Claudia Beamish
Lab
I would like to hear other members’ comments before I make a decision about whether to move the amendment. That might seem to contradict what I said about it...
Alex Cole-Hamilton (Edinburgh Western) (LD)
LD
Good morning. It is great to be back, and I thank the committee for having me. Amendment 208, in my name, concerns the proliferation of housing development ...
John Finnie (Highlands and Islands) (Green)
Green
We are discussing the determination of applications, so people might be a bit surprised to see the word “demolition” feature in amendment 294, in my name. Ho...
Graham Simpson
Con
Amendment 324 deals with biodiversity. I have spoken quite a bit about the need to deliver more houses in the right places, but that should not be at the exp...
Mark Ruskell
Green
All that amendment 318 requires is consideration of adequate mitigations. If a road was being built that would be fine, but there would have to be considerat...
Graham Simpson
Con
Yes. It is a question of unintended consequences that could be used to stop things that would be desirable. I have no idea what will happen if the amendment ...
Monica Lennon
Lab
I have not had the chance to speak to Claudia Beamish in detail about her proposal, but we have talked in committee about trying to encourage smaller builder...