What are grounds for a planning appeal?

During 2023, I was asked by Northwich based designers Archiscape to prepare an appeal for a highly energy efficient home in Poole.

Unfortunately the application was refused on the following grounds (summarised):

1. The plot would be too small

2. The dwelling's design was "Overtly Contemporary"

3. Lack of daylight/sunlight for occupiers

4. There was no commitment from the applicants to pay towards habitat mitigation.

I'm quite picky with regards to the appeals I take on. If I feel that a scheme has no chance of winning - I'll let the enquirer know. Its not in either of our interests to pursue lost causes.

I always felt this was a good scheme though. The proposed dwelling is within 10 mins walk of Broadstone Town Centre. It looks a bit different to surrounding dwellings, but the street had no particular heritage protection. Just fairly bland mid-20th century houses really. The applicants were locals to Poole and wanted to stay within the area.

None the less, the application was refused. I felt the reasons for refusal were pretty flaky and my clients had been given a rough ride.

Grounds for appeal should always respond to the council's reasons for refusal.

My arguments are summarised as::

1. Housing delivery in Poole is incredible poor - just look at council's 5-year supply of housing and performance against 'Right to Build' legislation (i.e. self-build registers).

2. Nope! The plot isn't too small. Its measurements fall within local guidance. Ok...the dwelling looks bit different, but it meets the main principals set out within local design guidance. It also needs to look different to achieve its high energy efficiency specifications. The council did declare a climate emergency after all!

3. Daylight/sunlight levels are fine. Here is a report we commissioned confirming this.

4. No worries - here's a draft Unilateral Undertaking (a form of Section 106 agreement) which will pay this.

Feel free to read my full case below.

Appeal Statement - 40 West Way.pdf

Download PDF • 463KB

Appendix 1 - 12.pdf

Download PDF • 13.90MB

I managed to convince the Inspector to drop most of the reasons for refusal, but unfortunately not all of them. See decision below.

Appeal Decision.pdf

Download PDF • 165KB

The Inspector agreed that reasons for refusal 1,3 and 4 were unfounded, i.e.

• the council should be doing a lot better in terms of providing opportunities for self-builders;

• daylight/sunlight levels that would be enjoyed by the occupants would indeed be fine and;

• the means of paying for habitat mitigation through Unilateral Undertaking was acceptable.

But...reason for refusal 2 should remain. i.e. the dwelling's:

• design was too...modern; and

• plot was too small.

Hindsight is a wonderful thing, but the decision however highlights that it can be risky for self-builders to draft detailed designs for their homes too early in the planning process.

On the plus side, I've now confirmed that Poole District council are not performing well against their 'Right to Build Legislation' duties. Whilst winning this argument didn't quite get us over the line, this fact just help get other self-builders within the area get their permission.

If you need help securing planning approval for your self-build dwelling, do get in touch.