When is a site 'Isolated'

Local planning authorities who refuse housing because it is 'isolated' could be in trouble given the Courts ruling on the application of this word in a planning context.

Planning appeal confirms positive approach

The case involved 2 dwellings that were granted permission at Blackmore End, Essex, when an Inspector decided they were not 'isolated' in terms of NPPF paragraph 55.  The appeal was allowed as despite the village having few services and the nearest shop being 2 miles away, the Inspector found that the proposal would nevertheless amount to sustainable development. He acknowledged that accessibility to services, facilities and employment would be poor other than by car. However he considered that relying heavily on the private car is consistent with the Framework in that sustainable transport opportunities are likely to be more limited in rural areas.

Courts confirm interpretation of NPPF

The appeal decision was challenged in the High Court by Braintree Council, who claimed that the Inspector misunderstood paragraph 55 of the National Planning Policy Framework (NPPF). The Council’s case was that "new isolated homes in the countryside" meant "homes which were remote from services and facilities".

The Judge disagreed with the local planning authority and found that the word "isolated" should be given its ordinary objective meaning of "far away from other places, buildings or people; remote". She ruled that the Planning Inspector was correct in interpreting that a site in a dispersed settlement could be considered not isolated and therefore in accordance with the Framework.

The Judgement [2017] EWHC 2743 (Admin) can be viewed at http://www.bailii.org/

What is the impact of NPPF updates?

Paragraph 55 of the NPPF (2012) has now been replaced by paragraph 79 of the NPPF (2019) but the term 'isolated' remains in the text, which states, "Planning policies and decisions should avoid the development of isolated homes in the countryside".  The updated NPPF deliberately keeps the reference to isolated that the courts have helpfully interpreted as above.

NPPG on Rural Housing

The National Planning Practice Guidance (NPPG) section on 'Rural Housing' was updated on 22nd July 2019  under the Guidance 'Housing Needs of Different Groups'. It confirms that local planning authorities should not seek to prevent new housing developments in rural villages remote from services by means of a 'blanket ban', unless they are able to provide 'robust evidence': "A wide range of settlements can play a role in delivering sustainable development in rural areas, so blanket policies restricting housing development in some types of settlement will need to be supported by robust evidence of their appropriateness."

Is a settlement edge inappropriate development?

The above appeal and subsequent High Court Judgment confirming the Inspector’s decision as valid gives hope to all who wish to make the case that a site on the edge of a village can constitute sustainable development.

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