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NEWS


Architects get first self- build approval under new design-first policy


A Shrewsbury firm of architects has secured the first approval for an “exceptional” self-build home made under a specialist planning policy introduced by a council in Shropshire. The property, designed by Base Architecture & Design, was given planning permission by Telford & Wrekin Council under its HO10 policy, which allows new homes to be built in rural settings if they meet specific criteria, which include promoting “exceptional and innovative design.” The plans are for a five-bedroom home with a bespoke workshop, plus


a two-bedroom annex to be used by a disabled family member, which will be built on land next to the owner’s home. The design of the house draws on the agricultural heritage of the area, and the property will be carbon neutral thanks to a sustainable heating and cooling system which includes a ground source heat pump and solar panels. The council’s HO10 policy mirrors a paragraph in the National Planning Policy Framework (NPPF) – namely Paragraph 79, under which councils only grant a handful of planning permissions every year. The architects’ design had to undergo two reviews by MADE, an independent body of professionals, which commended the


scheme as a “cohesive and well developed and high quality piece of architecture, and one that responded well to this site.” Commenting on the decision, Base director Carl Huntley said: “We are absolutely delighted to become the first ever firm of


architects to be granted permission under the council’s HO10 policy. The independent MADE panel said that our proposal raised the standard of rural design in the area, and gave a bespoke and sensitive response to this particular site as well as enhancing the surroundings.”


He continued: “Importantly it will fulfil a need for our client and their family and their specific business and personal needs. We are proud to have set the bar for this policy, and look forward to seeing the vision became a reality.”


Standard planning application form amended to include self- and custom-build


The Planning Portal (the “home of planning and building regulations information and the national planning application service”) has updated its 1APP standard planning application form to include self- and custom-build homes. The form now includes self-build in relation to its sections covering gain, loss or change of residential use. According to the National Custom & Self Build Association (NaCSBA) this will “provide local authorities with a key tool to track the volume of custom- and self-build delivery taking place locally”. The Right to Build legislation has put a responsibility on councils to grant enough planning permission to meet local demand. The new form provides councils with a better means of tracking the number of permissions they’ve granted, says NaCSBA.


Self-builder’s CIL exemption overturned after judge decides an email is not a valid notice


A High Court judge has overturned a planning inspector’s decision to back a self-builder in a dispute over the payment of a hefty Community Infrastructure Levy (CIL) fee.


The inspector had decided Lee Jones should be exempted on the basis of having submitted an email to Shropshire Council as a commencement notice. He received planning permission from the council for his detached house in Ellesmere, before sending an email to them in July 2015 informing them that clearance work would begin onsite later that month. Jones then received a demand notice from the council in August, requesting an “immediate payment” of £36,861.43 plus a


surcharge of £2,500. This was on the basis that a “valid” commencement notice – required under CIL Regulation 67 – had not been submitted and he was therefore not exempt from the fee. Despite Jones successfully appealing the decision, Shropshire Council then challenged the planning inspector’s conclusion in the High Court. The judge agreed that the email did not comply with requirements of Regulation 67 and that Jones had therefore lost his right to the exemption. Commenting on the inspector’s decision, Judge Ockelton said: “It was plainly absurd to regard the email as a commencement notice within the meaning of the regulations.” The decision follows the news that another self-builder Graham Evans is facing a £48,800 CIL fee after also failing to submit a commencement notice.


march/april 2019 www.sbhonline.co.uk 5


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