Recent self-build appeal decision and implication on meeting demand - Public forum - Planning Advisory Service (PAS)

Hi,

I just wanted to highlight a recent appeal decision (Reference: APP/G2435/W/18/3214451) relating to a self-build development in Woodville, Leicestershire which has raised some concerns around meeting the demand for self-build plots, and wanted to get peoples views on this.

The inspector states the following in the appeal:

"The Council confirms that as at April 2019, there are 54 individuals on the Council’s S elf-Build and Custom Housebuilding Register and that as of April 2019, it has permitted 4 plots in the period since 31 October 2016. Since 31 October 2016 the Council has permitted an additional 133 single plot dwellings which have been distributed across the District. However, the Council has not provided any information to suggest that there are provisions in place to ensure that any of the 133 single dwelling permissions would be developed in a manner that accords with the legal definition of self-build and custom housebuilding in the Self-Build and Custom Housebuilding 2015 (as amended).

To my mind this raises considerable doubts as to whether any of the single dwelling permissions would count towards the number of planning permissions the Council has granted for serviced plots and thus whether these consents would actually contribute towards the delivery of self-build and custom housebuilding in the District. Importantly, the S.106 Agreement submitted with the appeal proposal contains provisions to ensure that the proposed dwellings on the appeal site would meet the definition of self-build and custom housebuilding. There is no evidence before me of a similar mechanism which would secure the delivery of self-build and custom housebuilding on the plots referred to in Appendix 3 of the Council ’s Statement. I consider it would be unreasonable to include any of the single dwelling permissions within the calculation of self-build and custom housebuilding permissions granted in the District. "

The above decision raises some questions as what we can count as self-build for the purpose of meeting demand on the register.

I therefore wondered if anybody had any views on:

1. What conditions can be placed on an application to ensure that it meets the requirements for the Self-Build and Custom Housebuilding 2015 Act?

2. How can we monitor and include self-build developments that are not explicitly stating they are self-build developments?  

Any thoughts on this would be much appreciated.