In a new article on his website, NaCSBA member and architect Oliver Murray of ProtaHomes explains what ‘weight’ is in planning and why it can be a good thing for self and custom builders going to appeal following a rejected planning permission.
Self Build Portal users will know that they have the Right to Build – and will have used our search tool to find their local authority’s register.
But did you know that more and more planning appeals are now granting greater emphasis on the local authority’s custom and self build activity? This is in the context of where it can be proven that the council is not meeting the demand on its register.
Oliver came across the appeals while in pursuit of planning for his own self build home. Like many others, he had signed up to the Right to Build – the informal name for the legislation that requires councils to host a register, and consider this in its work.
But like many others Oliver found that his local authority was falling short on ‘permissioning’ custom and self build applications for those wanting to build. NaCSBA knows that this is a fault in the legislation, which has very little carrot or stick to address poor practice.
Researching the matter further, Oliver came across an appeal where the inspector ruled in favour of the applicant, with a contributing factor being that it had not met its duty under the legislation.
Since then there have been a series of wins where applicants have had more ‘weight’, that is importance, attached to their application because it is for custom and self build, and the authority is underperforming. And in some cases this has helped tip the balance in favour of granting permission.
Anyone who has been through the planning process will know it is never straightforward or easy, but these appeals may offer a route for moving forwards should an applicant chose to challenge a negative decision.
Be aware though that going to appeal offers no guarantee of certainty and will require additional costs, so needs careful consideration. While we would love to see more self build homes being permissioned, each application must satisfy wider local plan ambitions about what is acceptable development before the issue and custom and self build comes into play.
If you are considering an application make sure you are aware of what council’s local plan says about the area where you want to build, and consider using a planning consultant with self build experience.
Find a planning consultant
Find and sign your local authority register
Want to hear more? Join Oliver Murray and Andy Moger of planning consultancy Tetlow King on stage at Grand Designs Live 1 May for How to Claim your Right to Build.
Grand Designs Live is on at Excel London 29 April – 7 May.
