Outside the settlement boundary but want to build a house...

What is a settlement boundary?

It is normally a line drawn around a settlement in the Proposals Map of a Local Plan. The Local Plan generally allows for development within the boundary and resists development outside.

I’ve been told my site conflicts with a Local Plan policy. What should I do?

Planning decisions should be made in accordance with the Local Plan unless material considerations dictate otherwise.

Further to this, a Local Plan (and national guidance) should be read as a whole. It is not unusual for Local Plan policies to pull in different directions.

For example, a proposed development may accord with Local Plan policies which encourage residential development, and yet be contrary to policies which seek to protect open countryside. In such cases there may be no clear cut answer to the question: “is this proposal in accordance with the plan?” The local authority has to make a judgement bearing in mind factors such as the importance of the policies which are complied with or infringed.

What are material considerations?

A material planning consideration is one which is relevant to making the planning decision in question. The scope of what can constitute a material consideration is very wide. Also, it is for the decision maker to decide what weight is to be given to the material considerations in each case. Even when in conflict with planning policy, material considerations can tip the balance in favour of your proposals.

Our top list of material considerations:

Is your site in a sustainable location? If your site is within close proximity of a settlement, preferably with services and facilities, it may be considered to be in a sustainable location even though it sits outside an identified settlement boundary.
Lack of 5 year housing land supply? Local and national policy aims to boost housing. If your local council cannot demonstrate a 5 year housing land supply, now may be the time to get your housing application submitted as a permission for housing would add to the council’s housing figures.
Out-of-date Local Plan? Less weight is afforded to policies in out-of-date local plans. An out-of-date Local Plan triggers paragraph 11 of the NPPF (2021) which sets out the presumption in favour of sustainable development. If you can demonstrate your proposal is sustainable, it may be in for a chance of securing permission.
Undesignated land? Designations such as Green Belt, Area of Outstanding Natural Beauty, flood zone, conservation area etc. can make it trickier to secure permission. Undesignated land would offer up fewer barriers to development.
Low housing delivery rates? Local councils are required to ensure the delivery of housing. Government data shows how local councils are doing against their targets with a lack of housing delivery being a material consideration in favour of housing schemes.
Lack of self/custom build plots? Local councils have a statutory duty to provide sufficient plots of self and custom build housing to meet identified demand. Government data shows how local councils are doing against these targets with it being a material consideration in favour of housing proposals if demand outstrips supply.

Unsure if any of these material considerations apply?

Get in touch! We’d be more than happy to take a look. We are experts in finding angles for presenting your development aspirations in the best light, increasing your chances of securing planning permission.

If you have a site you think might be suitable for development and require professional planning support then contact the team via enquiries@plainview.co.uk or call us on 01242 501003 to see how we can best assist you, providing the site address and a brief overview of your project. 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.

Content correct at the time of publication. For the most up-to-date advice or to discuss your project, please contact our team directly.