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.
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 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.
Grand Designs: The Streets returns for its third instalment for 2023, kicking off at 9pm on Tuesday 16 May on Channel 4. Hosted by self build champion Kevin McCloud, the series is spin of the one-off houses of the regular Grand Designs show, instead concentrating on mult-plot sites.
For Series 3, the show visits a new self and custom build site in York, while returning to previously visited ‘streets’ at Graven Hill in Bicester, and Mary Hill in Glasgow, the pilot scheme of the local council.
Grand Designs: The Streets follows people building with a far more realistic approach than the mega-houses that tend to feature in the main series, with real people building on real budgets.
In York, Kevin follows former schoolteacher Nicola as she project manages her brick build (below), while steelworker Mark and partner Maryellen (main picture) work on a Brazilian-style home on the same street.
In Glasgow, Natasha Huq catches up with the Glasgow project, where the last homes are going up. the final few homes go up.
The National Self Build and Renovation Centre Show returns on Friday 12 to Saturday 13 May, bringing with it its usual offering of insight and inspiration for anyone planning a self build, custom build or other major home project.
A new offering for this show is the introduction of VIP tickets, which includes a range of benefits. Most useful is the ability to engage 1-2-1 as VIP ticket holders have preferential access. This includes the opportunity to pre-book consultation appointments with experts, as well as an exclusive Q&A with one of the NSBRC’s own specialists.
Tickets for the show are free, while the VIP tickets cost £40 per couple (or £25 per person) – book here for Friday and here for Saturday.
The VIP ticket includes:
• Guaranteed parking space in front car park
• Exclusive Q&A with an NSBRC experts
• Pre-booked consultation appointments with experts
• Free tea and coffee
• VIP Lounge
• Complimentary buffet lunch (served between 12 and 1pm)
There’s plenty on at the show for whatever stage you’re at, whether you are trying to get an overview of the entire build process or drill-down detail.
Repeated on both days in the Build It Theatre is a six part overview of the stages of entire build process, including: Finance & Funding; Finding Land; Planning Permission; Design Principles; Building Control; and VAT Reclaim.
In addition Friday has Natural Environment Surgeries, including: bat conservation and ecological surveys; landscape design; wildlife-friendly borders; and, wildlife habitats, while Saturday has a focus on Energy and Cost Saving Technology, including: draught exclusion; performance assured insulation; water conditioning and sustainable window shading.
The Sustainability Theatre is also returning with over 20 talks, led by companies well-established in their fields, from MVHR to insulation. This will inform would-be self builders with practical measures and plans to enable them to create a sustainable and energy efficient build.
DLUHC’s latest data for custom and self build in England shows that while the number of individuals and groups on the register has grown modestly, the number of permissions fell.
In addition, the number of planning permissions granted for plots for custom and self build was 6,374, a reduction of 23% on the previous year.
In total, there are 63,662 individuals who have signed their local self build register, as well as 807 groups. But the numbers for the last 12 months until 30 October 2022 were overall down on previous figures. This showed a 34% decline in individuals and a 37% fall in the number of groups signing up.
The data is published annually by the Department of Levelling-Up, Communities and Housing, and is based on council returns for 2021-2022, running annually from 31 October to the next 30 October.
There are numerous reasons why the numbers are down, but logically a significant factor is the current economic environment. With inflation and prices skyrocketing, all housebuilding and planning applications across the board have slumped over the last 12 months, to their lowest figures in 16 years, as reported by the Department of Levelling-Up, Communities and Housing.
Repeated government commitments to overhaul planning have created uncertainty, with many local authorities freezing their local plan making process until a clearer picture emerges. This means that many fewer policies supportive of custom and self build have emerged as a result.
This has got so problematic that the Home Builders Federation (HBF) has forecast that housebuilding will fall to its lowest levels since the Second World War unless the planning system starts to support housebuilding in England.
The National Custom and Self Build Association (NaCSBA) is also aware that more councils than ever have applied tests to limit people signing up to the local self build registers, which act as a deterrent.
However, the register remain a vital tool for the sector, and must be used by the public to raise their profile. Research in 2022 found that 21% of people were unaware of the Right to Build legislation, meaning that many more people want to self build. In addition, a lack of activity in terms of permissioning enough plots to reflect demand for people wanting to custom and self build is now starting to gain more weight in planning appeals.
NaCSBA urges anyone interested in building to sign up to their local register because of this. If your authority places charges or tests that you deem unfair it has provided template letters of complaint that you can fill in.
These have a two-fold effect – they should act as secondary evidence beyond the register that you want to build locally, and highlight where you, as a resident, feel that your local planning authority’s rules are prejudicial to you in your ambition in regard to housing.
You can find and sign your local register via the Self Build Portal, access the template letter or get answers from our FAQs about what the Right to Build does – and doesn’t – deliver on this website.
Peter Johns, CEO of NaCSBA said, “The latest data is disappointing and reflects the obstacles put in place to registering by many local authorities (be it registration fees, local connection or financial tests).
“NaCSBA continues to challenge authorities where they are putting road blocks in the way, but also supporting authorities through the work of its Right to Build Task Force. We know that the numbers underestimate the level of demand by some margin – NaCSBA is currently undertaking research and analysis to demonstrate this and expects to report on it later in 2023.”
Andrew Baddeley-Chappell, Policy Director, NaCSBA said, “The drop in numbers joining the registers is a disappointment and we are in the process of undertaking a deep dive into the data. We do not believe the fall off is as a result of any reduction in the underlying desire of people to have a home built to their design and specification.
“We continue to see challenges from a proportion of planning authorities, that are contrary to the spirit and letter of the legislation – legislation that is being tightened to address some of the poor practice that have been identified. Factors such as covid, inflation and cost of living challenges may also have had an impact.
“We continue to strongly believe that low public support for new homes is closely linked to the lack of desire for the homes that are currently being delivered and that greater customer choice is the key to more and better homes.”
Orchard Farm in Kent has submitted a detailed planning application to Ashford Borough Council for the first phase of 25 self build plots, which it hopes to bring to market in Autumn 2023.
The site, which will ultimately have 122 plots if planning is successful, is the result of a partnership between specialist developer and NaCSBA member Steenvlinder and local developer Urbanise.
The application follows extensive public consultations with local communities and other stakeholders, with interested parties able to visit the site.
Many approaches to custom and self build are quite distinct, and Orchard Farm is using a model where it is applying for detailed planning permission as a mechanism to get the serviced plots through planning, by providing lots of clarity around building and design regulations for the self builder.
This will be used to create Plot Passports for each plot, that sets out what the selfbuilder can build, covering such details as maximum height and volume, roof pitches, external material choices and parking areas.
Hans Sparreboom, Founder & CEO at Steenvlinder, said: “As a developer, our overarching purpose is to empower self-builders to be able to shape their environment: not only as individuals but also as part of a wider community. We will encourage them to express their unique identities, by offering freedom of choice, within a framework of specific regulations which will help them create a cohesive and distinctive neighbourhood.”
Adam Roake, Owner at Urbanise, said: “Our aim is to create a community with a distinct sense of place and our inspiration in shaping the Orchard Farm community has been informed by the distinctive characteristics of East Kent.”
Speaking about their ‘landscape first’ approach, Adam said: “Our application is different – its focus is on the green public spaces and not the houses. Our future self-builders will design these, and each will be subject to a further submission to demonstrate compliance with the masterplan and relevant plot passport.”