New Homes In The Countryside
Obtaining planning permission for new homes in the countryside has never been more difficult, but we look at how Paragraph 79 of the National Planning Policy Framework, known as ‘Gummers Law’ could work in your favour.
Typically you can not develop greenfield land in the countryside for the sake of preserving our increasingly precious green landscapes. As architects, when discussing our profession with friends and clients the thought of building a new home is often spoken of with an air of unachievable fantasy, as if it is so far unobtainable that it’s not even worth considering its viability. And with the large volume of national planning policy heavily weighted against the building of new countryside homes it is easy to understand, at face value, why. Yet it is possible! Paragraph 79 provides a means of gaining approval on such a site where refusal would typically be expected.
Given the restrictions on development following the introduction of the allocation of Green Belt land in 1950s, the policy was first introduced in 1997 by Conservative Environmental Secretary, John Gummer as a means of allowing for new stately homes to still be built in countryside settings (as had been done for centuries before). The policy has taken several forms since then (it was previously referred to as Paragraph 55), and allows for houses in the countryside to be approved as long as it is of exceptional quality, as set out below:
Planning policies and decisions should avoid the development of isolated homes in the countryside unless one or more of the following circumstances apply:
e) the design is of exceptional quality, in that it: - is truly outstanding or innovative, reflecting the highest standards in architecture, and would help to raise standards of design more generally in rural areas; and - would significantly enhance its immediate setting, and be sensitive to the defining characteristics of the local area.
(Note clause 79 a - d also provide means of approval in particular circumstance such as for rural worker accommodation or the re-use of redundant existing buildings).
From our experience there are three key terms to consider with this clause.
‘Truly Outstanding’.
There is no benchmark by which to assess whether or not a building is ‘outstanding’. This is very much the subjective opinion of the planning officers who typically don’t have any formal training in design. It can therefore prove hard to convince them that outstanding design can stretch beyond simply the immediate appearance of the building and must be considered more holistically with other design factors such as the building narrative, materiality, experiential and spacial design etc. For this reason we always seek to obtain an independent, third-party opinion to accompany our application. Typically this can be obtained by presenting to a Design Review Panel, who provide impartial, constructive review of any scheme and forms a material consideration in any planning application process.
‘Innovative’.
From experience we have noticed that what is classified as ‘innovative’ is a movable feast, with what was acceptable one year being very quickly unacceptable the next. This is due to the fast paced nature of technological advancement. For example, ten years ago a zero carbon house would have been extremely innovative whereas today it isn’t. For a house to be innovative it must push the boundaries of what is technologically possible for the day. Again, this is a subjective opinion and so would benefit from third-party justification.
‘Isolated’.
From the very outset for a site to even qualify as a Paragraph 79 site it must be isolated - yet this is very much open for interpretation and can even be used as a reason for refusing a house even if it truly outstanding and innovative; if it can be argued that the site isn’t in fact isolated then any justification as a Paragraph 79 house becomes a mute point and it can in turn be rejected based on standard planning policy. Our stand point through experience is that a site is isolated if it is not connected to main services or transport routes etc, regardless of whether or not there are neighbouring buildings in the near vicinity, however each site will need to be considered on its own merits.
Due to the subjective nature of the clause, submitting an application down the Paragraph 79 route can be very time consuming (likely it will end up at appeal!) and with no guarantee of success. But the rewards are great if you are successful. And it is the architect who is best positioned to get you there.
It is our qualification, design skills and in-depth understanding of the planning process that allows us to carefully navigate the minefield that is ‘planning policy’. Alongside our commitment to unique, high quality architectural design we are best positioned to succeed in being able to design a unique new house in a countryside setting.
At Kyson, our expertise and experience across the UK is broad with local knowledge not only of Central and Greater London but also of places further afield such as Epping, Cambridgeshire, Berkshire, Yorkshire, Manchester, Cheshire and as far north as Glasgow. To this end we are well versed in both the national and local planning requirements across the country that make a new home in the countryside possible.
If you have a greenfield site and are considering developing a new home in the countryside, or are looking for other countryside development opportunities, why not give us a call us; we would love to talk through what is possible and work with you to best achieve the aspirations for your development.
Recommended reading: National Planning Policy Framework.
Image: The setting for one of Studio Kyson’s countryside dwellings in Harrogate.
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