Planning appeal allowed and full costs awarded for infill...

Our recent appeal success for a single dwelling in the Green Belt provides a valuable example of the importance of consistency in decision-making. In this particular case, our client wanted to construct a family home and associated works. The Local Planning Authority refused the application for several reasons, the key one being inappropriate development in the Green Belt.

Building a house in the Green Belt – do I meet the necessary exceptions?

The National Planning Policy Framework (NPPF) (December 2024) identifies that the fundamental aim of the Green Belt is to prevent urban sprawl by keeping land permanently open and that its essential characteristics are its openness and permanence. Paragraph 154 of the Framework identifies that development in the Green Belt should be considered inappropriate other than in the case of stated exceptions.

In light of this, we undertook a detailed assessment of the proposed development to ascertain whether it would constitute inappropriate development. We identified a relevant local policy which supported the proposed development, presenting one of the exceptions to inappropriate development in the Green Belt as being ‘limited infilling in rural communities’. Our analysis showed how the site’s location undoubtedly met this criterion – the sticking point was whether what was proposed would constitute limited infilling. The Framework doesn’t provide a definition, rather leaving it up to the decision maker to apply planning judgement to conclude such matters. However, the Local Plan does give a definition, and we clearly set out how and why our development proposals met the requirements of that definition.

Policy analysis and consistency in decision making – how we made a strong case for Green Belt development at appeal

What seemed to be the key issue and the reason for the planning refusal was that an application for a single-storey dwelling had been approved on-site previously. The new application still sought a single dwelling, but one which was two storeys in height. However, as the footprint of the revised proposals hadn’t changed, in our view, the proposals continued to meet the criteria of a small infill dwelling as set out in Local Policy.

Furthermore, we identified several two-storey buildings adjacent to and around the appeal site, which further reinforced our view that the proposed development entirely met the requirements of infill development according to Local Policy.

The Inspector reached the same conclusions as us, and the appeal was allowed.

When to submit an application for costs at planning appeal

Guidance states that you may be able to claim costs where a party has behaved unreasonably, and this has directly caused another party to incur unnecessary or wasted expense in the appeal process. Given the nature of the refusal, in this case, we felt it pertinent to submit a request for costs and were delighted for our client that this was approved. The Inspector, like us, thought that the Council had been inconsistent in their approach and that the Officer’s Report, which set out the reasons for refusal, was unclear and did not provide sufficient evidence. As such, the refusal has resulted in unnecessary, wasted expense, and a full award of costs was deemed to be warranted.

We are so pleased for our client. Not only can they now set about building their dream home, but our analysis of planning policy and precedents has secured a successful appeal and a full award of costs for them.

About us

We are Plainview Planning, now part of McLoughlin Planning – a solutions orientated, experienced and knowledgeable team of planning consultants. If you need professional and informed planning support with your development project, then contact our team via enquiries@plainview.co.uk, or call us on 01242 501003, providing the site address and a brief overview of your project. We look forward to helping you.

We value your privacy and any information which you provide will not be shared outside of our company and will only be used in relation to your enquiry.

As always, the content of this article was correct at the time of publication, but for the most up-to-date information on planning topics and policy queries, contact our team.