A DISABILITY charity has made serious accusations about planning policy in Powys.
Brecknock Access Group (BAG), which campaigns for better accessibility for disabled people, claims a number of planning applications have been granted in Powys that are illegal.
Dave Summers, planning consultant for BAG, said he has evidence a number of validated applications contravene legislation stated in the Disability Discrimination Act 2005.
“Powys County Council continues to put applications through that it shouldn’t,” he said: “Disability discrimination awareness is not strong in a lot of places, but that is no excuse for people to try to get away without putting in the correct measures to make businesses and services accessible by everyone.
“A lot of people have got the idea that they can get away without, for example, installing a lift or lowering a raised step.
“Awareness of this is hugely important; disabled people have as much of a right to use services as able-bodied people.”
The complaint centres around a restaurant in Llanidloes. Spice Club Bangladeshi restaurant on Great Oak Street opened last February, on the first floor of a listed building.
One of the conditions in the application for its change of use from a nightclub was that a wheelchair platform lift would be installed, prior to opening, so that disabled customers would be able to access the restaurant.
This vital agreement has still not been honoured, and a breach of condition notice was served on the restaurant’s owner, Mr Emran Hussain. An application to vary the planning conditions has since been submitted.
Mr Summers criticised both the restaurant owner and Powys County Council for their failure to properly enforce the condition: “I often get told that you don’t see people in wheelchairs in a lot of towns here, especially Llanidloes. The reason is that accessibility is so poor that disabled people don’t have the option to go out.
“This restaurant is a perfect example of why.
“It clearly stated in the application that the new owners must install a suitable wheelchair lift at the premises before they open.
“We’re now a year down the line and there is still no sign of anything happening. Powys council are dragging their feet over this, but they should be aware that under the Equalities and Human Rights Commission they are liable to be prosecuted for not adhering to the legislation properly.
“We have both the means and the will to prosecute if things are not sorted out quickly.”
Cllr Wynne Jones, portfolio holder for planning and regeneration, said: “As a council we take our responsibility for the DDA very seriously. We are very stringent in our approach to planning applications, and have refused applications in the past because they didn’t comply with our design access statement.
“The problem is that not everything is as black and white as BAG claims. We have however noted their concerns and where there are weaknesses we will address them.”
When contacted, Mr Hussain claimed he had been obtaining quotes from companies regarding the installation of a chairlift and was expecting a decision to be made in the next few weeks.
He said such installations were “not cheap” and admitted he had since applied to vary the conditions of the application.
However, Mr Summers claims the Spice Club incident is typical of how Powys County Council deals with a lot of its planning applications, particularly in the north of the county, and hints at a far wider issue.
“I have firm evidence of at least three incidents in the past three months alone where applications have been granted permission where they shouldn’t have been,” he said.
“Powys has been getting away with this for far too long. I am keeping an eye on what is happening, but they should be aware that we know what the law is regarding disability discrimination and we will fight to make sure everyone, disabled or not, has the same access to everything.”
A spokesperson for Powys County Council said: “The owners of the Spice Club Indian Restaurant are in the process of submitting an application for a variation of a planning condition. This application has been received by our planning service and will receive proper consideration in due course.
“While we recognise that disability access is a valid planning issue, it has to be considered and weighed against other material planning issues. Officers take all these into consideration in a reasonable and balanced way before reaching a decision.”