Planning consultancy Tetlow King Planning has strengthened its reputation as an expert in custom and self build planning appeals with a win in the Royal Borough of Windsor and Maidenhead that demonstrates the value of the self build registers.
Tetlow King demonstrated that Very Special Circumstances existed for self and custom build housing in the Green Belt, on a site outside the defined settlement boundary of Holyport, near Maidenhead.
The hearing considered a combined appeal for two refused planning applications for a development of four custom and self build plots, with the second scheme incorporating a single discount market sale self and custom build plot.
The initial case was based on the argument that the development could be viewed as limited infilling due to the enclosed nature of the site, and as such could be considered an exception permitted by NPPF paragraph 149 (e).
However, this argument was rejected by the Inspector, who determined that the proposals were inappropriate development.
Custom and self build demand data
However, in connection to the the statutory duty based on the registers, the authority accepted that it had not met the requirement to permission sufficient plots to meet the demand represented by the register, and there was therefore a shortfall in supply. Despite this, Windsor and Maidenhead borough maintained that this shortfall would be met going forwards thanks to its planning policy HO2, a percentage policy that requires sites over 100 dwellings to include 5% of market housing as plots for custom or self build.
Despite this, the Inspector found that the large site policy would not meet the outstanding demand for custom and self build plots, and questioned whether it would even meet the demand from future base periods.
Acknowledging that the Royal Borough of Windsor and Maidenhead is made up of 83% Green Belt, the Inspector commented that some demand for plots will inevitably have to be met via sites within the Green Belt. It was, he considered, highly likely that such demand will have to be met through smaller allocated and windfall sites.
Reflecting this substantial and acknowledged shortfall in the delivery of plots, the Inspector found that the four plots in the shemes merited very significant favourable weight in the planning balance. Accordingly, it was determined that Very Special Circumstances existed to justify the proposals.
This demonstrates the very real value of the self build registers, as their demand increasingly becomes a considering factor in some appeals.
Rosie Dinnen, Director at Tetlow King, who presented the appeal, said, “This appeal decision is ground breaking by establishing that Very Special Circumstances can exist for CBSH in the Green Belt.
“Tetlow King has previously achieved success at appeal on Green Belt sites that have included self build and custom housing, but that was on larger schemes with a package of benefits such as affordable housing.
“This appeal indicates that where a local authority has not met its statutory duty, and has a significant shortfall, that Very Special Circumstances can exist to weigh in favour of the development in a Green Belt scenario.”
