House of Commons - Communities and Local Government Committee

Select Committee on Communities and Local Government Committee Twelfth Report

4 Relevant existing local authority powers

74. Local authorities have existing planning, licensing and leasing powers by which they can ensure that public toilets are provided for the general public. The Government's Strategic Guide repeatedly states that these powers are not being used to their full potential by local authorities.[124]

Section 106 of the Town and Country Planning Act 1990

75. Section 106 of the Town and Country Planning Act 1990 allows a local planning authority to enter into a legally binding agreement or planning obligation with a land developer over a related issue. Richard Chisnell suggested that

anywhere where there is a public realm involvement, be it a car park, a public place, a shopping centre, we would expect that planning application to be examined for some toilet capability. Now, shopping centres obviously tend to have public toilets and better ones because they know they can keep their customers there longer if they satisfy their toileting needs, but there are a lot of other locations where we would suggest that planning applications are not being properly inspected for possible public toilet provision.[125]

76. Mike Bone cited an example in Ilminster, South Somerset, where Tesco was given permission to build a new superstore, provided that it included a public toilet.[126] The Government's strategic plan describes Brent Council making use of its planning system, by securing a £700,000 contribution towards the provision of new toilets at sites between Wembley Central Station and Wembley Stadium. Not only will visitors to Wembley Stadium benefit, but the local community will now have six new public toilets.[127]

77. Agreement to build a public toilet is only part of the solution; it needs to be maintained and cleaned. This is highlighted by Clara Greed as a further problem:

Building a public toilet, the initial capital investment is only about 40% of the total cost, rather you have to allow for cleaning, maintenance, attendants, security. Getting a toilet as part of planning gain under a [Section 106] agreement is a dismal solution as so many developers [adopt a] 'hit and run' [approach], nobody is around to ensure that funding commitment to long term cleaning, maintenance etc. will continue and so the new owners soon close the toilets.[128]

Public toilet provision gained under Section 106 of the Town and Country Planning Act 1990 is to be encouraged. We recommend that local authorities review such agreements regularly to ensure not only that the requirement to build is carried out, but that the toilets are regularly maintained.

Positive Letting Policies

78. The Government's Strategic Guide explains how leasing conditions can be used to secure toilet provision in new buildings, but states that it would not be a suitable way of securing greater public access to the toilets. It does focus on the way in which 'positive letting policies' can be used, so that leasing conditions include the provision of toilets for the public. The guide describes an example whereby a council might lease one of its buildings to be used as a café, and include a clause that allows non-paying customers use of the café's toilet facilities.[129] We recommend that local authorities should make full use of positive letting policies to ensure a greater number of toilet facilities available for the general public.

Premises Licence Applications

79. The Government encourages local planning authorities to use the updated British Standard BS6465 "as a basis for securing an appropriate level of provision, design quality and accessibility for sanitary facilities in new buildings and buildings undergoing major refurbishment."[130] Environmental health officers can review plans and premises license applications and object to an application that does not meet the requirements in the relevant British Standards.[131] This is an existing power that local authorities have, which should be utilised. Environmental health officers can use their powers to ensure that public toilets are provided and maintained for public use in relevant commercial premises. We recommend that environmental health officers review plans and licence applications to ensure that adequate sanitary facilities are provided.

Section 20 of the Local Government (Miscellaneous Provision) Act 1976

80. Section 20 of the Local Government (Miscellaneous Provision) Act 1976 states that a local authority may require an owner or occupier to provide sanitary appliances of such kinds and numbers as are so specified. This lack of compulsion in Section 20 enables local authorities to allow some establishments selling food and drink not to provide toilets for their customers, a point highlighted by the BTA: "There are no legal requirements to provide toilets for customers or visitors - except where food and drink is to be consumed on the premises and even then, different rules seem to apply with different Local Authority areas."[132] We recommend that local authorities should encourage establishments selling food and drink for consumption on the premises to provide appropriate toilet facilities for their customers, following relevant British Standards. Local authorities have existing planning, licensing and leasing powers by which they can ensure that more public toilets are provided. These are not being used to their full potential and we recommend that local authorities use such existing powers to ensure the adequate provision of public toilets.

The Public Lavatories (Turnstiles) Act 1963

81. The Public Lavatories (Turnstiles) Act 1963 prohibits the use of turnstiles in any part of a local-authority owned or managed public toilet. According to the Government's strategic guide, this requirement was in response to public concern about the safety and access problems of turnstiles for the general public, most specifically for disabled people, people with luggage or pushchairs, and pregnant women.[133] However, this law does not apply to private providers of toilet facilities, which is an obvious inconsistency. The problem of accessing turnstiles was highlighted by Richard Chisnell: "To see people queuing up with luggage, and families trying to get through a turnstile and put money in a coin-operated slot before catching a train is pitiful in Britain in the 21^st century."[134] We recommend that all providers of public toilets consider modern access-control methods as an alternative to traditional turnstiles.

124 CLG, Strategic Guide, p 28. Back

125 Q 69 Back

126 Q 69 Back

127 CLG, Strategic Guide, p 31. Back

128 Ev 77 Back

129 CLG, Strategic Guide, p 29. Back

130 ibid Back

131 ibid Back