20 May 2015

A four-day inquiry into a proposed custom build development has resulted in the first successful planning appeal to test the policy relating to custom/self build homes in the National Planning Policy Framework (NPPF).

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An inspector ruled that the construction of 22 three-to-five-bedroom custom build homes on the four-and-a-half acre site in Essex would accord with paragraph 50 of the NPPF, which calls on local authorities to plan for a mix of housing based on the needs of people wishing to build their own homes.

In accepting that its adopted local plan was silent on this issue, the council argued that 38 custom and self build dwellings had been built since 2012 – a statement disputed by the appellant who asserted that only one site was partially reflective of the custom build philosophy. Since the government had made a commitment to provide 100,000 such dwellings over the next 10 years, the inspector decided that the appeal proposal would meet a latent demand in the area.

Other factors also favoured the scheme. The council was unable to demonstrate an adequate supply of housing land with a persistent under-delivery in four of the past five years with a total under-supply of 324 dwellings – this justified a 20% buffer. The inspector also determined that delivery of housing on some sites was questionable, with some without the benefit of even outline planning permission.

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