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NEWS

APPEAL WON - New Precedent for the Support of Self-Build Developments

19/3/2020

 
A recent appeal decision by an Inspector has found that the legal requirement on Councils to meet the Self-Build and Custom Build demand overrules the controls set out in the Local Plan.

A planning inspector has allowed plans for 30 Self-Build plots in Woodville, Swadlincote, following North West Leicestershire District Council’s (NWLDC) initial refusal to grant outline planning permission. Permission was not granted due to development site falling outside the planning boundary in what was considered the ‘countryside’ according to the Local Plan.
The reversal of the appeal decision highlights the importance of the legislation within the Housing and Planning Act (2016), where there is a duty on Local Authorities to give suitable permissions for enough serviced plots of land for self-build and custom house building to meet the volume of demand in the relevant Base Period of the Register. The Inspector felt that the need to meet this duty outweighed the need to adhere to planning boundaries created in the Local Plan.

Despite claiming that enough plots had been permitted to account for the Self-Build and Custom-Build demand in the area, it was found that this was not in fact the case. Only a limited number of plots did in fact have any mechanism to limit their development to self-builders and therefore the Council could not show that enough plots had been allocated specifically for Self and Custom Build purposes. Therefore, the decision was to overrule the Council’s decision and to grant permission for 30 Self-Build plots in order to meet the demand in the area.

The decision will have far-reaching consequences on Appeals relating to any future Self Build developments. Councils will need to demonstrate that enough plots have been approved to meet the demand and that these plots are protected by measures to ensure they are solely for Self or Custom Build developments. Additionally, applicants for Self-Build sites will also need to demonstrate that applications contain procedures to safeguard development for the use of Self-Build or Custom-Build projects.
The full appeal decision notice can be found here.

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  • Home
  • Services
    • Site Appraisals
    • Pre-Apps
    • Planning Strategy & Feasibility
    • Planning Applications
    • Land Promotion
    • Barn Conversions
    • Listed Buildings & Heritage
    • Professional Objections
    • Appeals
  • About Us
    • Meet the Team
    • The Role of a Planning Consultant
    • How we work
    • Terms & Conditions
    • Insurance & Legals
  • Projects
    • Small Developments >
      • Minety
      • Harwell 4 Dwellings
      • Little Chalfont Replacement Dwelling
      • Granborough Replacement Dwelling
      • Oxford 4 Dwellings
      • Camberley 2 Dwellings
      • Peterborough 3 Dwellings
      • Sutton Courtenay 3 Dwellings
      • Brightwalton 3 Dwellings
      • Cotswolds Replacement Dwelling
    • Large Developments >
      • Ninfield 43 Dwellings
      • Staines Old Fire Station
      • Stadhampton 14 Units
      • Blackheath 56 Dwellings
      • Lydiard Millicent 9 Units
      • Maulden 21 dwellings
      • Shabbington 15 Units
      • Stadhampton 21 dwellings
    • Self-Build Projects >
      • Baughurst
      • Wantage AONB
      • All Cannings Plot Subdivision
      • Didcot
      • Chalgrove Barn Annex
      • Stadhampton
      • Drayton Mill
      • Hillgreen AONB
      • Broad Town Swindon
      • South Cerney
    • Barn Conversions >
      • Corsham Barn Class Q
      • Wootton Fields Farm Barn
      • Royal Wootton Bassett Big Barn Class Q
      • Ampney Crucis Barn
      • Gainfield Farm Barn
      • Granborough Class Q
      • Glebe Farm Barns
    • Heritage >
      • Listed Thatched Cottage in East Hendred
      • West Hanney Listed Building
      • Chimney Listed Farmhouse
      • Stanford in the Vale Listed Building
      • Staines Old Fire Station
      • Buscot Park Renewable Heating Project
    • Strategic Land >
      • Stourport Yew Tree Lane
      • Earlswood, Birmingham
      • Taunton, Land south of
      • Troon, Cornwall
      • Wythall, Birmingham
      • Various Co-op Disposals
      • Shurdington, Cheltenham
    • Equestrian >
      • Goosey Stables
      • Goosey Stables 2
      • Indoor Equestrian Arena Hampshire
      • Indoor Equestrian Arena Durley
      • Equestrian Facility Plans
    • Domestic Alterations >
      • Change of Use Weston on the Green
      • Renovation of The Old Schoolhouse
      • Barn Change of Use Chalgrove
      • 2 Ancillary Outbuildings Near Witney
    • Commercial >
      • MUGA Sports Pitch
      • Commercial Premises Expansion
      • Ducklington Office Space
  • Sites for sale
    • Two Barns, Royal Wootton Bassett
    • Sites Sold >
      • Bishopswood Lane, Baughurst
      • Newington Nurseries
      • Clophill Road, Maulden
  • News
  • Advice
    • Class Q Barn Conversions
    • Community Infrastructure Levy (CIL)
    • Planning App Fees
    • Definition of Community Infrastructure Levy (CIL) Chargeable Area
    • Interactive Green Belt Map
    • Making representations to a planning committee
    • Keeping your planning permission alive
  • Contact