Is There A Self Build Case To Meet An Identified Housing Need Policy?

[EViS]

Could I please have some advice on how we would go about making a case for a slightly larger (250 m2) four bedroom self-build in a rural settlement which meets identified housing need, particularly for affordable housing? We will be moving to the district and cannot claim a local connection. The plot already has outline permission in place and now requires a reserved matters (or full) application for the dwelling, associated access and landscaping. I believe that the proposed design meets all of the relevant Local Plan policies. The only one which could be a struggle to overcome is this one:

 

Quote

POLICY SS2: DEVELOPMENT IN RURAL SETTLEMENTS
Development in Rural Settlements (not Market Towns or Rural Centres) will be strictly controlled and limited to that which:

 

• Provides employment opportunities appropriate to the scale of the settlement; and/or
• Creates or enhances community facilities and services to serve the settlement; and/or
• Meets identified housing need, particularly for affordable housing.
•  

Development will be permitted where it is commensurate with the scale and character of the settlement, provides for one or more of the types of development above, and increases the sustainability of a settlement in general.

Proposals should be consistent with relevant community led plans, and should generally have the support of the local community following robust engagement and consultation.

Proposals for housing development should only be permitted in Rural Settlements that have access to two or more key services listed at Paragraph 5.41.

Edited May 30, 2023 by EViS

[Jilly]

I'm not sure it matters for a one off 'custom builds' as they call self builders. As you have outline planning, you should be fine, it will be a matter of agreeing the design and  conditions.

 

I believe the 'affordable housing' refers to large scale housing developments where the developers have to put in a few smaller 'affordable' properties in addition to the obligatory executive homes.

[EViS]

The outline PP is merely for a new dwelling on a garden plot within a large rural settlement. The scale and layout are not referenced within the outline permission, neither are they drawn anywhere. Everything has been left to the reserved matters stage. Hence, I am apprehensive that the policy does apply in terms of a local connection and/or local requirement for housing (the SHMA outlines a primary requirement for smaller dwellings than what we are proposing). This particular policy is almost always referenced in officer reports as to whether a particular application meets or is in contrary to the policy.

Edited May 30, 2023 by EViS

[Bozza]

Having self-built in a rural area myself (replacement old house, when planning policy preference was to retain and upgrade existing buildings) what I learned was this:

 

the local authority will have a series of planning policy requirements.  Obviously if your proposal ticks all the boxes your application will go through easily, if you don’t it won’t.  Some of these policies are aimed more at major developments as opposed to single homes (exactly as @Jilly says).  That said perhaps the council won’t be keen for anyone to build something that would be too big & expensive for many to afford (eg if you sell it).  

 

 I would just advise the more boxes you tick the increased chances of success.  
 

In my experience the fact that I was going against the council policy preference to rebuild existing buildings, by replacing it with something 2x as big, was the fact that I was replacing it with a sustainable property, high quality natural materials, fitted in referenced the former building angles footprint  etc etc, had community support etc etc.  so I was trying to tick most of the other planning boxes.  The planners asked me to use natural slate on the roof for example - they were right to so and I was happy to comply.  

 

If your proposed build is clearly much larger than what it surrounds suggest a design that references local vernacular or maybes two smaller linked buildings to get your sqm you need. I know much of what I’ve said doesn’t really answer your specific query, but just offering this in case you’d hadn’t considered this.  

your issue may be if 250sqm is significantly bigger than what it surrounds. Floorspace can be hidden in design eg 1.5 storey houses clearly look smaller than 2 storey.    

 

 

 

 

 

 

 

 

 

 

 

 

 

[Temp]

Councils are meant to maintain a "Self-build and custom housebuilding register" ..

 

https://www.legislation.gov.uk/uksi/2016/950/contents/made

 

... and make land available to meet the demand identified by the register, however the rules are complex and not all councils do anything more than maintain a list and charge you to be on it ! People get fed up paying for nothing and drop off the list. 

 

It might be worth finding out if the council have met their obligations under this legislation and reference it in a planning application. Perhaps get a friend to submit an FOI request if you can't find info online.

 

 

 

[Temp]

In my limited experience planners allow houses that are in keeping with their surroundings in scale and appearance. If you propose something that doesn't fit in or would set a president they don't want (eg outside village boundary) then they will find every possible policy excuse to reject it.

 

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[EViS]

24 minutes ago, Temp said:

Councils are meant to maintain a "Self-build and custom housebuilding register" ..

 

https://www.legislation.gov.uk/uksi/2016/950/contents/made

 

... and make land available to meet the demand identified by the register, however the rules are complex and not all councils do anything more than maintain a list and charge you to be on it ! People get fed up paying for nothing and drop off the list. 

 

It might be worth finding out if the council have met their obligations under this legislation and reference it in a planning application. Perhaps get a friend to submit an FOI request if you can't find info online.

 

 

 

Could you offer some guidance on what I should be looking for in terms of the LPA meeting their obligations? And/or what I should be asking within my (friend's) FOI?

[Temp]

The full act is here. Their obligations are listed in chapter 2. 10.

 

https://www.legislation.gov.uk/ukpga/2016/22/contents/enacted

 

Eg.. 

 

Quote

(2)An authority to which this section applies must give suitable development permission in respect of enough serviced plots of land to meet the demand for self-build and custom housebuilding in the authority’s area arising in each base period. Continues..

 

I would ask something like..

 

With reference to the Housing and Planning Act 2016 Chapter 2 "Self-build and custom housebuilding"..

 

1. In each base year since 2016 to date, how many people have been added to part 1 of the "Self-build and custom housebuilding register" ?

2. In each base year since 2016 to date, how many people have been added to part 2 of the "Self-build and custom housebuilding register" ?

3. In each base year since 2016 to date, how many "serviced plots of land", that meet the obligations under the Act, have been granted planning perpermission.

4. The information the Council uses to determine that a planning application is for a selfbuild or custom build home as defined by the Act.

 

Unfortunately I think councils are only required to meet local demand (Part 1 of the register). But it might still carry weight if they are way behind.

 

 

[SteamyTea]

Before going down this difficult route, can you actually afford to self build, it is generally more expensive that people ever imagine.

Edited May 30, 2023 by SteamyTea

[kandgmitchell]

Well I'd argue that the principle for meeting at least one of the three bullet points plus most of the three lines below must have been established by the approval of the outline application otherwise it would have been refused. The only part of the policy that refers to matters more properly dealt with under reserved matters is "comensurate with the scale and character of the area". It is more likely that an oversized house will fall foul of that requirement than it would simply if it would be too big for local housing needs. As mentioned above you need to reference the local area in terms of size, shape, relevance to plot and materials. If you can do that you are chipping away at all those reasons why it should be refused reserved matters approval.

 

By all means lean on the self build bit as well but that alone will not get a three storey glass cube approved amongst stone built thatched 1 1/2 storey cottages.

 

PS - that last bullet point about affordable housing is often put in policies to allow Council's to ignore their "can't build in the countryside" policy if a scheme by a social housing provider or the like proposes to build homes for rent on some odd bit of rural land, often for local renters. Usually the same land a market driven developer would be refused permission.

[EViS]

11 hours ago, Temp said:

The full act is here. Their obligations are listed in chapter 2. 10.

https://www.legislation.gov.uk/ukpga/2016/22/contents/enacted

 

Eg.. 

I would ask something like..

With reference to the Housing and Planning Act 2016 Chapter 2 "Self-build and custom housebuilding"..

 

1. In each base year since 2016 to date, how many people have been added to part 1 of the "Self-build and custom housebuilding register" ?

2. In each base year since 2016 to date, how many people have been added to part 2 of the "Self-build and custom housebuilding register" ?

3. In each base year since 2016 to date, how many "serviced plots of land", that meet the obligations under the Act, have been granted planning perpermission.

4. The information the Council uses to determine that a planning application is for a selfbuild or custom build home as defined by the Act.

 

Unfortunately I think councils are only required to meet local demand (Part 1 of the register). But it might still carry weight if they are way behind.

 

 

That's super helpful, thank you! I will get this request submitted. Is it generally wise to submit under a friend's name as per your earlier advice? It seems incredibly thorough for an LPA to link a FOI to a planning application. Even then, why would this be detrimental?

 

11 hours ago, SteamyTea said:

Before going down this difficult route, can you actually afford to self build, it is generally more expensive that people ever imagine.

Here's hoping. I'm new around here, but it's not my first rodeo 😀.

Edited May 31, 2023 by EViS

[Blooda]

Always good to have a look through the planning applications for your relevant borough / district council.  see what was given and what was not. if anything like us, [built in a village of less than 100 homes] most of the applications are for more urban developments.  Also reading the planning statements is a good thing to do.  Also sometimes you can find a "planning expert" who knows what gets through.

 

There are boxes to tick, some of which seem pretty irrelevant, but they smooth the way, such as where do you store your bins, and put them out to, sufficient room to allow a turning head [not sure that's the right term,] so that you drive in turn round and drive out.  As said they seem pretty irrelevant if building a 250m² house on 1/5^th Acre, but totally relevant if someone was building 8 flats on the same land in town.

 

 

[SteamyTea]

39 minutes ago, EViS said:

not my first rodeo

Some people never learnt.

Good on you.

[EViS]

25 minutes ago, SteamyTea said:

Some people never learnt.

Good on you.

I didn't say I had learnt either 😄.

[Temp]

9 hours ago, EViS said:

That's super helpful, thank you! I will get this request submitted. Is it generally wise to submit under a friend's name as per your earlier advice? It seems incredibly thorough for an LPA to link a FOI to a planning application. Even then, why would this be detrimental?

 

My thinking is that answering the FOI request is work the planners would rather not have to do. If it turns out the info doesn't help your case you can leave it out of the application and they can't link the request to you. 

[EViS]

Thank you all for the replies so far. They have put me at ease somewhat. I will most likely end up submitting a new full planning application so I have still addressed this policy as best I can.

[Bozza]

15 hours ago, EViS said:

Thank you all for the replies so far. They have put me at ease somewhat. I will most likely end up submitting a new full planning application so I have still addressed this policy as best I can.

Maybes consider popping your proposal in the forum prior to submission.  Obviously we are not your local planners etc but the membership here are (a) experienced (b) honest (c) on your side (d) free.  You’re probably well informed and knowledgeable but the collective genius of many here may save yourself a lot of time and money with suggestions and ideas to enhance your chances of an easy win with the planners.  

 

I speak as someone who wished they’d found this forum earlier and done just that.  Would have ended up with a better house.