nppf paragraph 55- peter taylor, dla piper
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NPPF Paragraph 55 "A Grand Design?"
Peter Taylor
DLA Piper
Solicitors
Birmingham
peter.taylor@dla piper.com
Background
Equivalent measure introduced in 1997: PPG 7 paragraph 3.21 "The Gummer Clause "
PPS 7 paragraph 11
"Very occasionally the exceptional quality and innovative nature of the design proposed for an isolated new house may provide the special justification for granting planning permission…."
Highest standards in contemporary architecture, materials and methods of construction
Outstanding and ground breaking
Protecting or enhancing environment
Raising standards of design more generally in rural areas
12 December 2012UKG/14653101 2
NPPF
Introduced March 2012
Presumption in favour of sustainable development
Implementation
NPPF in general
12 December 2012UKG/14653101 3
NPPF Paragraph 55
Exceptional quality or innovative nature of the design of the building. Such a design should:
be truly outstanding or innovative (helping to raise standards of design more generally in rural areas)
reflect the highest standards in architecture
significantly enhance its immediate setting
be sensitive to the defining characteristics of the local area
12 December 2012UKG/14653101 4
Be truly outstanding…
Be truly outstanding or innovative helping to raise standards of design in rural areas
Design
Land at Friday Grove Farm, North Mymms, Hatfield: Appeal June 2007
PPS 7 and PPG 2 Green Belt
"visual design of the building exciting and dynamic"
"reflects the highest standards in contemporary architecture"
"use of angles and planes: organic link with the ground appearing to grow out of it rather than sit on it"
12 December 2012UKG/14653101 5
Reflect highest standards in architecture
Appeal at Mines Farm in Weston Green, Weston Colville, Cambridgeshire
Allowed March 2009
5 bed house, 2 staff dwellings, 39 hectares arable land
The building has been designed as a sculptural object and is intended to act as a local landmark
compare appeal decision 100/077/058-2012: site in Oxfordshire - simple design not truly innovative or outstanding code level 6 construction standards
12 December 2012UKG/14653101 6
Significantly enhanced its immediate setting…
Appeal 8 October 2008 : Highfield Hall Fordingbridge Hampshire
"Proposed building is of high quality and innovative design…"
"It fails to respond fully to its immediate setting in that it does not fit adequately into the local topography…"
Appeal disallowed
12 December 2012UKG/14653101 7
"Be sensitive to the defining characteristics of the local area"
See appeal decision reference 100-076-667/2012: Devon
"Eco house in secluded Devon valley"
Twentieth century chalet like appearance at odds with rural vernacular of the area
Zero carbon design and construction
Appeal dismissed
12 December 2012UKG/14653101 8
12 December 2012UKG/14653101 9
Any Questions
Over to you …
NPPF Paragraph 55 "A Grand Design?"
Peter Taylor
DLA Piper
Solicitors
Birmingham
peter.taylor@dla piper.com
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