Agenda item

Application for erection of single storey self-build / custom-build dwelling (resubmission of 23/00923/FUL).

Late items received after preparation of main agenda:

Consultations:-

1.1.       Following publication of the report the Parish Council has written as follows:

Sheepy Parish Council submitted its response to this application on 30 April and we note that this has been acknowledged in the Head of Planning’s report to the Committee and that it has made an important contribution to this report, its conclusions, and the recommendation for refusal of the application.

As indicated in the Parish Council’s representation, the Parish Council believes that the application does not comply with a number of the legally binding policies in the Sheepy Neighbourhood Plan and additionally the application contains a number of errors. It therefore supports your recommendation (as Head of Planning) for refusal of this planning application. The Parish Council will therefore not take up the invitation to speak at the Planning Committee meeting.

Appraisal:-

1.2.       The Applicants have also drawn officers’ attention to two reports. The first is the Market Bosworth Neighbourhood Plan Housing Needs Assessment (Dec 2022). This is considered to be of limited relevance though as the site does not lie within the area covered by the Neighbourhood Plan.

1.3.       The point that the Applicants are seemingly making is that there is a high proportion of older people in the area and that the 2011 Census shows that many households are occupying dwellings that are too big for them. The Applicants point out that approval of the single storey dwelling will allow them to move out of the current house in to the new purpose built accommodation and allow the main dwelling to be occupied by a larger family.

1.4.       This is considered a national issue and not one that is limited to or prevalent within the local area and the benefits to the Applicants of a new purpose built dwelling are understood. It is noted that the Assessment states that specialist housing for older people should only be provided in sustainable, accessible locations that offer services and facilities, public transport options, and the necessary workforce of carers and others. It is not considered though that there are any wider planning benefits that should attract weight in the planning balance given the isolated and unsustainable location of the site.

1.5.       The second document is an assessment of the Council’s position regarding self-build dwellings that was commissioned by an applicant elsewhere, in different circumstances, in support of their application for a new self-build dwelling. The Applicants consider that the report shows that there are significant issues related to the Council’s self-build register and how it is compiled and maintained.

1.6.       The report concludes that an average of 16 individuals have been added to the self-build register every year but that there is consensus within Government research and other evidence that local authority self and custom build registers are not representative of the full demand, and as such there is a need for more self and custom build plots. The report states that Government guidance recommends that when assessing the need for self/custom build plots, in addition to assessing numbers on the Council’s Register, they also draw from secondary data sources.

1.7.       The report sets out that the current demand for self-build plots within Hinckley and Bosworth is significantly in excess of that which can be derived from the Council’s Register, and that demand continues to grow. The report also concludes though that the Council has three years in which to grant permission for self-build plots to meet the level of demand – a key point that is already set out at paragraph 8.33 of the main report.

1.8.       Officers note that the report refers to Government guidance with regard to assessing the realistic level of demand. It is considered that this is not a straight-forward task and it is one made more complicated by the fact that the regulations that will inform the legislative changes to self-build and custom build housing that have been brought about by the Levelling Up and Regeneration Act 2023 have yet to be published.

1.9.       For example, the Applicant is on the Council Register. However, the eligibility set out in legislation is that the person is seeking to acquire a serviced plot of land in the authority’s area for their own self-build. Given that the Applicants are seeking to build on their own land and are not, for example interested in building within Hinckley or Groby for example, it is questioned whether they are eligible for inclusion on the Register.

1.10.    Equally, Section 10 of the Self-Build and Custom Housebuilding Regulations 2016 states that individuals must be removed from the register when they make a written request to be removed and that individuals may be removed from the register when they have acquired land suitable for their self-build or custom build dwelling or where the authority considers that the individual is no longer eligible for inclusion in the register. The Council has undertaken an exercise in 2021 to remove such individuals but the legislation sets out that demand is evidenced by the number of entries added during any period, which could be interpreted as being uninfluenced by legitimate removals from the register.

1.11.    The other main point made by the Applicant with regard to its self-build position is set out at paragraph 8.39 of the main report. The point was refuted in the same paragraph. A more nuanced position is that unlike the review of the position regarding demand which was undertaken in 2021 no review of past supply has been undertaken. Officers are confident that at the time those included in the supply of permissions satisfied the tests applicable at the time.

1.12.    Regardless of the above points the Council has a three year period in which to grant sufficient permissions to meet supply. In addition there is no requirement placed on Council’s to meet the specific needs of those on the Register. As set out in the main report the Council has until 30 October 2024 to grant seven additional self-build dwellings. As such the weight that is given to the provision of an additional self-build dwelling remains as set out in the main report.

1.13.    The Applicants have also asked that the Committee visit the site given that significant weight is placed on the effect of the development on the countryside.

Recommendation:-

The recommendation remains one of refusal for the reasons detailed in the main report.

Application for erection of single storey self-build / custom-build dwelling (resubmission of 23/00923/FUL).

The applicant spoke on this item.

It was moved by Councillor Bray and seconded by Councillor Crooks that the application be deferred for a site visit and to urge the applicant to seek advice from Design Midlands. Upon being put to the vote, the motion was CARRIED and it was

RESOLVED – the application be deferred for a site visit and to seek advice from Design Midlands.

Councillor Cook returned to the meeting at 8.20pm.