Paragraph 55/79, isolation and settlements

[Randomiser]

In another thread I brought up Paragraph 55/79 and referenced a potential plot near me where consent for a more standard house had been turned down.  I have since dug up a bit more information and while I think it is the final nail in the coffin for this potential plot I thought it may be of interest to others.  Rather than completely take over the other thread I thought I would post it separately.

 

Having finally been able to get hold of the most recent appeal for the potential plot there is some explicit language relating to paragraph 55/79.  In previous appeals there had been mention of points (a) to (e) not applying and one inspector commented that the house might not be considered isolated.  However, in the most recent appeal the Inspector was much more explicit and stated:

 

" The appeal site is close [to] other buildings...  Consequently, I do not consider that the proposal would result in the development of an isolated dwelling and there is no need for me to consider whether the proposal would meet the circumstances a) to e) in this respect."

 

I found this interesting as one of the main reasons for refusal is that the potential plot is outside of any settlement boundary and therefore described as being in the open countryside.  However, I then came across this brief piece reporting on a judgement from March 2018, which may have informed the Inspector's view.

 

https://andrewlainton.wordpress.com/2018/03/30/court-of-appeal-clarifies-meaning-of-isolated-housing-in-nppf/

 

In short it appears that a small group of houses with no associated services outside of any settlement boundary is still potentially considered a settlement and a potential plot nearby would therefore not be isolated and so ineligible to be considered under paragraph 55/79.

 

Given this judgement, it would seem that some previous decisions by the Planning Inspectorate have interpreted the NPPF differently.  For example in this case an appeal was allowed.

 

https://docs.harrogate.gov.uk/AniteIM.WebSearch/Results.aspx?grdResultsP=1

 

The following is included in the appeal decision justifying the use of Paragraph 55/79:

"The appeal site is an open field on the edge of the village of Cattal…
...Cattal is located around a kilometre from the railway station but has no notable local services.  The parties agree that the site could reasonably be described as an isolated dwelling in the countryside which local policy and the Framework seek to resist."

 

From what I have now found the March 2018 judgement has probably further reduced the scope for Paragraph 55/79 applications, limiting them to houses standing in splendid isolation in the countryside.

[Oz07]

thanks for sharing