Planning appeals are starting to be won on the basis of the self build registers, proving their worth at a macro level when many feel they fail to deliver for individuals.
While the National Custom and Self Build Association would like to see more positive outcomes for individuals as a result of signing, it welcomes the decisions where inspectors find in favour of a planning appeal because of a lack of action around the registers.
The background
As many self builders know, anyone in England has the right to sign up to their local council’s self build register, individually and as part of a group. Read about the situation in regards to Wales and N. Ireland and Scotland.
However, despite this many people remain unaware of their right. Last year our joint survey with the National Self Build and Renovation Centre (NSBRC) found that 21% of people surveyed were not aware of the ‘Right to Build’ legislation, and 51% had not joined a register. This is surprising, as the interviews were conducted with people in the NSBRC database, so had an active interest in self build.
Councils also have the right to put tests and/or charges in place which prevents or discourages some people from signing up – find out more about these in the FAQs on our Right to Build page.
The appeals
The registers are starting to prove important in planning applications and appeals as they represent a form of demand of people wanting to self build, that councils must have consideration for. The legislation does not require them to create plots, but they do have to consider applications, and any permissions granted, in light of this demand.
Tetlow King Planning has become something of a specialist in planning and applications and appeals for self build, and often refers to this demand where it is unmet, in its argument for the application.
And the results show that this can be very effective. For example, in some cases it has resulted in a positive outcome for the applicant.
It did this on the basis that the authority was falling short in meeting the demand on the register with sufficient permissions. The inspector gave “significant weight” and and passed the application. (Weight refers to how important one or another principle is in the overall argument over whether or not development is acceptable.)
Tetlow King also won an appeal for four custom build homes in the Greenbelt, with the argument that the council had failed to meet self build demand being instrumental in the final granting of permission.
This led the inspector to find that there were “very special circumstances” that justified the edge of village plots.
These cases are important for the wider self build world, as they emphasise the importance that inspectors can place on demand and a lack of activity from local authorities.
This also means that would be self builders should always sign up to the their local self build register, even if they feel that it won’t benefit them personally by securing a plot where they want to build.
