Outline Planning Permission for 1 no. dwelling in back garden of donor dwelling

Hardy Planners are delighted to have secured outline planning permission for 1 dwelling in the back garden area of the donor dwelling on Buxton Road near Spixworth.

Having assessed the site in 2023, we advised it had a reasonable chance of success even with a 5 year housing land supply position due to the walking and cycling paths by the site access, implemented as part of the NDR that lead to Spixworth to the north and Catton to the south. It is for a new dwelling in a residential garden within a rural area and would therefore constitute previously developed land as defined on page 77 of the NPPF (December 2024). 

The Council had refused an application for 1 no. dwelling in the back garden area of the donor dwelling and Hardy Planners believed we could address all reasons for refusal on appeal.

We countered the claim the site was in the countryside by showing it was well-related to other dwellings in the area, including the 225 no. Taylor Wimpey dwellings 320 metres to the south.

We clearly demonstrated in the appeal statement the site would not adversely impact landscape views as it lies in the south western corner of the field in the existing back garden area and the protected views were across the field looking eastwards from Buxton Road.

We made the case the proposal site is very effectively screened on all sides and the impact on the form and character of the area would be negligible.

Finally, the appeal was submitted at a time Nutrient Neutrality (NN) was holding up development in the Bure catchment and NN credits were not available. I advised the appellant if the only reason for dismissal of the appeal was on NN, we could resubmit an application with the appeal decision as a material consideration and the LPA should then approve it once credits are purchased.

The Planning Inspector agreed with us on all refusal reasons, pointing out they could not see where the harm was of approving a new dwelling in this location close to the walking and cycling route as well as bus stops. And this was at a time the LPA enjoyed a 5 year housing land supply position. 

We resubmitted the application, purchased the NN credits and consent was finally granted. This scheme was a long time in the making with a previous architect being given a negative pre-application response in 2022. Hardy Planners looked at the response and believed we could gain permission but advised the client he would have to be in it for the duration and play the long game as schemes like this - outside settlement boundaries - often can be won on appeal.