PPS 21 Precedent Planning Appeal

• 2nd July 2013
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• mkaplanning

After 2 years, clarification has finally been reached on Policy CTY10 of Planning Policy Statement 21: Sustainable Development in the Countryside (PPS 21).

The Planning Appeals Commission (PAC) has now confirmed that a proposed farm dwelling is acceptable under Policy CTY 10 if it either ‘clusters’ or visually ‘reads’ with the existing farm complex.

The PAC has also clarified that Policies CTY 13 / 14 / 15 are not applicable if the proposed dwelling complies with Criteria (c) in Policy CTY 10.

Clarification of Policy CTY 10 – PPS 21

Where there are existing farm buildings to visually link or cluster with, the tests of visual integration (CTY 13) and rural character (CTY 14) do not apply to applications for farm dwellings under Policy CTY 10.

In cases where there are no farm buildings to visually link or cluster with, the integration (CTY 13) and rural character (CTY 14) tests do apply to apply to the proposed farm dwelling.

Policy CTY 13 is engaged only in the exceptional circumstances scenerio set out in Policy CTY 10.

This report by Commissioner O’Donnell has been endorsed by the Commission and now sets out the approach likely to be taken by the Planning Appeals commission in future appeals.

It is therefore a significant material planning consideration in future farm dwelling applications.

The clarification actually contradicts a number of previous appeal decisions where Commissioners concluded that policies CTY 13 and CTY 14 were engaged despite the fact that the proposed farm dwelling visually linked or clustered with the farm complex.

However, this clarification of policy in this decision, endorsed by the entire Commission, will be the Commissions corporate approach going forward and is also likely to be adopted by the Planning Service whose clarification of Policy CTY 10 has been somewhat contradictory.

To read a copy of the decision click below.

PAC Decision

If you have any rural development plans contact Matt or one of the MKA Team at 02871311551 to discuss your options.