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

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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

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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

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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

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"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

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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