Broadland & South Norfolk Custom and Self-Build Housing SPD

8. Policy context Comment

8.1 Planning permission will be needed for any custom or self-build housing proposal. The Government and both Councils are keen to promote custom and self-build housing development within the overall policy framework of achieving sustainable development. As noted in all the Councils' Development Management Committee agendas 'in accordance with legislation planning applications must be determined in accordance with the policies of the Development Plan, unless material considerations which are relevant to planning indicate otherwise'. Therefore, any schemes for custom or self-build housing will need to be in accordance with national and local policy and the fact that the proposal is for self or custom build will be a material consideration and given appropriate weight in the planning balance when making a decision. For Broadland and South Norfolk Councils the Development Plan is made up of strategic policies in the Greater Norwich Local Plan and more detailed policies in Development Management Plans.

Greater Norwich Local Plan Comment View responses

8.2 The main high level planning policies covering Broadland and South Norfolk are set out in the Greater Norwich Local Plan (GNLP). Broadland and South Norfolk Councils worked with Norwich City Council and Norfolk County Council to prepare the GNLP which was adopted in March 2024. The GNLP plans for the housing and job needs of the area to 2038 and builds on the long established joint working arrangements for Greater Norwich. It includes strategic policies to guide future development and plans to protect the environment. It looks to ensure that development is delivered in a way that promotes sustainability and the effective functioning of the whole area.

8.3 The Homes section of the GNLP Vision states that:

8.4 The GNLP contains two policies which are of direct relevance to custom and self-build proposals: Policy 5 (Homes) and Policy 7.5 (self-build and custom build windfall housing outside defined settlement boundaries). These policies are outlined in more detail below.

8.5 In addition to Policy 5 and Policy 7.5, other GNLP policies that are likely to be most relevant to the determination of custom and self-build applications are:

• Policy 1 – The Sustainable Growth Strategy
• Policy 2 – Sustainable Communities
• Policy 3 – Environmental Protection and Enhancement
• Policy 7.2 – The Main Towns
• Policy 7.3 – The Key Service Centres
• Policy 7.4 – Village Clusters

Policies directly applicable to custom and self-build Comment

8.6 In general, there are three main ways that custom and self-build schemes are likely to come forward. These are:

1. Sites within settlement limits (also known as settlement boundaries, development boundaries or development limits)
2. Sites provided as part of larger residential developments through GNLP Policy 5
3. Exceptions sites in the countryside through GNLP Policy 7.5

8.7 In all cases early engagement with planning officers at the relevant council prior to submitting a planning application is recommended as discussed under Section 7 above.

Sites within settlement limits Comment

8.8 Getting planning permission for a custom or self-build property or properties on a site within a defined settlement limit should be relatively straightforward subject to meeting the requirements of the relevant policies in the Councils' Development Management Plan Development Plan Documents (DPDs).

8.9 The key policies relating to development within defined settlement limits for each council are:

Broadland Development Management DPD

South Norfolk Development Management DPD

8.10 Other policies in each Council's Development Management DPDs that may be of relevance to custom and self-build proposals on sites within defined settlement limits are listed within paragraphs 8.44 and 8.45 below.

8.11 Other things to consider in relation to sites for custom and self-build within defined settlement limits include the type of application to be submitted, the exemption from Community Infrastructure Levy and Biodiversity Net Gain, and depending upon the size of the scheme the potential need for design codes or plot passports and phasing. Relevant sections of this SPD may include:

• Section 6 - Finding a self-build plot
• Section 7 - Submitting a planning application for custom and self-build
• Section 9 - Design Codes and Plot Passports
• Section 10 - Community Infrastructure Levy
• Section 11 - Phasing

Sites provided on larger residential developments through GNLP Policy 5 Comment

8.12 GNLP Policy 5 (Homes) refers to bringing forward custom and self-build development as part of larger residential schemes. It states that:

8.13 As part of their negotiations on larger sites developers should undertake early engagement with the relevant Council about the custom/self-build element of the scheme including the number of self/custom build plots to be provided, where these will be located on the site (integrated into the development or standalone), how the application will be submitted and phased to ensure that each plot can benefit from CIL exemption, the approach to design including the submission of any design code or plot passports and the marketing strategy. The provision of the appropriate level of custom/self-build plots should be included as part of the masterplanning exercise for all developments of 40 or more dwellings. Relevant sections of this SPD will be likely to include:

• Section 7 – Submitting a planning application for custom and self-build
• Section 9 – Design Codes and Plot Passports
• Section 10 – Community Infrastructure Levy
• Section 11 – Phasing
• Section 13 – Marketing Strategy.

8.14 For residential developments of 40 dwellings or more the Councils will expect to agree a marketing strategy for the delivery of the custom and self-build plots with the applicant prior to the grant of full or reserved matters permission (see section 13). If the custom/self-build plots have not sold after a period of 12 months and the applicant can provide evidence that the marketing strategy was followed, then in accordance with Policy 5 it may be possible to build the plot out as an open market or affordable home subject to the terms of any condition or Section 106 agreement. The marketing strategy will be secured through condition or Section 106 agreement. A condition or S106 agreement will also be needed to ensure that the properties are constructed and occupied as self-build/custom build dwellings.

8.15 If as stated in the policy the applicant considers it to be impractical to provide at least 5% of plots as self/custom build, then evidence will need to be provided to support the case. This will need to be discussed with the case officer as part of the application process to agree whether the development should be exempt from providing the custom/self-build element, or whether a smaller percentage of plots could reasonably be provided.

8.16 If an applicant wants to try and demonstrate a lack of need for self/custom build plots under Policy 5, this will need to be clearly evidenced and discussed on a case-by-case basis. Evidence relating to need should refer to, but not solely be based on, those people on the register seeking a custom and self-build plot.

8.17 As mentioned above there is no requirement for the final occupiers of these plots to demonstrate any local connection so this may be a way of finding a self-build plot if you do not meet the criteria for Policy 7.5.

Exceptions sites in the countryside through GNLP Policy 7.5 Comment View responses

8.18 Although the majority of self-build development is likely to come forward as part of larger residential sites under Policy 5, GNLP Policy 7.5 (self-build and custom build windfall housing outside defined settlement boundaries) is probably most relevant for people looking to bring forward individual or small-scale custom and self-build developments. The policy text below should be read alongside the supporting text contained in paragraphs 394 – 399 of the GNLP.

8.19 This section of the SPD aims to give guidance to people wishing to submit a planning application under policy 7.5. It aims to provide guidance on how the authorities will interpret the policy and what information and justification they would expect to be submitted with the planning application to enable the case officer to assess it within the context of the policy.

8.20 Essentially Policy 7.5 is a permissive policy that applies to all parishes in the Greater Norwich area. Its purpose is to allow for a limited number of additional dwellings (sites of up to 3) for small scale self-build and custom build in each parish beyond those allocated or allowed for as larger scale windfall sites through other policies in the GNLP. These sites can be within or adjacent to settlements with or without settlement boundaries. It is anticipated that Policy 7.5 will lead to the delivery of around 800 homes across the Greater Norwich area during the GNLP plan period 2018 – 2038.

8.21 Despite the permissive aims of Policy 7.5 it must be considered within the context of other policies in the GNLP and national policy as set out in the National Planning Policy Framework (NPPF). It is an exceptions policy and as such it is not meant to facilitate any scale of development anywhere in the countryside, the focus should be on getting the right scheme in the right place of an appropriate scale and design to reflect its setting and bringing forward sustainable development in line with government policy, which needs to be a balance of environmental, economic and social sustainability.

8.22 When considering bringing a plot forward for custom and self-build under Policy 7.5, particularly where there is no defined settlement boundary, early engagement with the relevant Council is recommended to discuss whether the site in question would be suitable under the policy and to discuss the best way to submit the planning application to make sure CIL/BNG exemption can be obtained. Details about Broadland and South Norfolk Councils pre application advice services can be found under Section 7.

8.23 Depending upon the exact location and nature of the proposal the following sections of this SPD may be applicable:

• Section 6 – Finding a self-build plot.
• Section 7 – Submitting a planning application for custom and self-build.
• Section 9 – Design Codes and Plot Passports
• Section 10 – Community Infrastructure Levy
• Section 11 – Phasing

8.24 Early appeal decisions that mention Policy 7.5 stress the importance of having a mechanism in place to ensure delivery of custom and self-build dwellings. For applications coming forward under Policy 7.5 conditions or S106 agreements will be needed to ensure that the properties are constructed and occupied as self-build/custom build dwellings.

Do I need to be on the self-build register to apply for development under Policy 7.5? Comment

8.25 There is no requirement to be on the self-build register in order to apply for planning permission under Policy 7.5 but as stated in the policy people wanting to build under Policy 7.5 will need to be eligible for entry onto Part 1 of the relevant Councils register. For more information about the eligibility criteria for Part 1 see section 5 above. For any planning application submitted under Policy 7.5 the Council will ask if the occupier is on the relevant Self-Build register and if not will require them to provide information to demonstrate that they meet the Part 1 Eligibility Criteria. The Council reserve the right to check the information provided and the applicant should be aware that their declaration of eligibility will be open to public scrutiny as part of their planning application subject to GDPR considerations. If an application is initially submitted in outline and the end occupier is not known then conditions will be applied to the grant of permission and detailed information about the end occupier will need to be presented at the reserved matters stage so that eligibility for Part 1 of the register can be checked.

Is my site in a suitable location? Comment View responses

8.26 Policy 7.5 has a wide remit, and the first part of the policy allows for schemes to come forward in and adjacent to both settlements with a defined settlement boundary and settlements without a defined settlement boundary. This gives flexibility and scope for residential development in areas where housing would otherwise not be allowed but as already mentioned this should not be seen as an opportunity to build anything anywhere.

8.27 In general, and subject to satisfying the other criteria of Policy 7.5 and other policies in the local plan, it is considered that a site for custom or self-build in a settlement with a defined settlement boundary should be within or adjacent to that settlement boundary. The Oxford English Dictionary defines adjacent as next to or very near something else; neighbouring, bordering, contiguous, adjoining. In most instances it would be expected that the site should be next to the defined settlement boundary but depending upon the form and characteristics of the settlement there may be cases where a site that is very near to the settlement boundary could also be acceptable, e.g. if there is a gap between the site and the boundary such as an access track or large garden etc. The acceptability of these sites will be considered on their merits considering things such as landscape setting and impact, how the site relates to the built form of the settlement and the design and scale of the development.

8.28 A settlement boundary (also known as settlement limit, development boundary or development limit) is defined in the GNLP glossary as 'areas within which development appropriate to the settlement in question will usually be permitted'. They are set out in Development Management Plans and are shown on the settlement maps in the GNLP as a dashed purple line. Settlement boundaries have been subject to scrutiny through the local plan process and have been drawn to accommodate the main built form of settlements and to prevent development from gradually extending into the countryside.

8.29 There may be instances where the built form of a settlement could reasonably be argued to extend further than the defined settlement boundary. In these instances, the suitability of a site will be considered on its merits taking into account such things as form and character, landscape setting, design and safe accessibility to services and facilities. When considering the suitability of these types of sites regard should be had to the concept of rural gateways and the need to avoid the consolidation of loose knit development on the edges of settlements that forms an important part of the character of the settlement. In many rural settings it is important to retain the transition between the undeveloped countryside and the consolidated built-up area of a settlement.

8.30 In relation to sites in settlements without a defined settlement boundary the key question is what constitutes a settlement for the purposes of the policy? It is difficult to define as every place is different and in reality each scheme will need to be considered on its merits as there is no one size fits all approach that can be used. The consideration of other policies in the GNLP and reference to the NPPF approach to sustainable development in rural areas helps to narrow down the definition of a settlement without a settlement boundary for the purposes of this policy and to help give guidance to applicants.

8.31 Paragraph 84 of the NPPF states that planning policies and decisions should avoid the development of isolated homes in the countryside unless particular circumstances apply. This view is consistent with the rationale set out for the main modification to Policy 7.5 as explained in paragraphs 82 - 84 of the Inspectors' report on the examination of the GNLP. The GNLP Inspector particularly did not like the use of 'recognisable groups of dwellings' in the submission version of Policy 7.5. He said that this would permit new housing development in remote locations that do not constitute a settlement contrary to national planning policy which seeks to promote sustainable development in rural areas and avoid the development of isolated homes in the countryside. Paragraph 84 of the Inspectors report modifies the wording of Policy 7.5 to apply solely to settlements rather than 'recognisable groups of dwellings' thereby making a clear distinction between the two. Therefore, it is considered that to be a settlement without a defined settlement boundary it must be demonstrated that a location is more than a recognisable group of dwellings.

8.32 Following on from this paragraph 83 of the NPPF states that 'To promote sustainable development in rural areas, housing should be located where it will enhance or maintain the vitality of rural communities. Planning policies should identify opportunities for villages to grow and thrive, especially where this will support local services. Where there are groups of smaller settlements, development in one village may support services in a village nearby'. The Oxford English Dictionary defines vitality as 'Active force or power; mental or physical vigour; activity, animation, liveliness'. This suggests that a settlement (whether or not it has a settlement boundary) needs to be more than simply a collection of houses, to be sustainable it should be somewhere that can demonstrate vitality through a sense of community value and identity as well as supporting local services and facilities.

8.33 One of the key priorities of the GNLP is the delivery of inclusive growth and sustainable development. In terms of accessibility to services and facilities the first requirement of GNLP Policy 2 states: 'ensure safe and convenient access for all, including by non-car modes, to on-site and local services and facilities such as schools, health care, shops, recreation/leisure/community/faith facilities and libraries; encourage walking, cycling and public transport through the layout of development; and integrate parking to avoid it dominating the streetscape or being a hazard'.

8.34 The principles of building sustainable communities as set out in GNLP Policy 2 also apply to self-build development as made clear in paragraph 398 of the GNLP supporting text to Policy 7.5 which states that 'Additional requirements applying to all sites such as providing safe highways access set in policy 2 will be applied to these sites, though with greater flexibility in relation to access to services due to the very limited scale of development supported by the policy'.

8.35 By its nature a settlement without a defined settlement boundary is likely to have a lower level of services and facilities and less good accessibility compared to those with a defined boundary. Paragraph 398 of the GNLP states that greater flexibility will be applied in relation to access to services when assessing a site under Policy 7.5, but it does not state that access to services should be completely disregarded. Therefore, to facilitate sustainable development it is considered reasonable to assume that a settlement without a defined settlement boundary under Policy 7.5 should be able to demonstrate a proportionate level of safe accessibility to commonly used day-to-day services and facilities (as listed in Policy 2), either in the settlement in question or within a reasonable safe distance in a nearby settlement. Sites which have no reasonable safe access to services and facilities are unlikely to be considered acceptable under this part of the policy.

8.36 The assessment of whether a site is in a suitable settlement under the second part of Policy 7.5 should be undertaken alongside consideration of the impact of the proposal on the form and character of the settlement. Quite often in more rural locations the site will be ruled out for reasons such as landscape or highways grounds regardless of the suitability of its location. It will also be important to consider the proposed design, scale and massing of the proposal and whether it is in keeping with its surroundings.

8.37 In terms of location the local authority will expect the applicant to demonstrate how they feel their application meets one of the first two criteria in the policy taking into consideration the guidance set out in this section of the SPD.

8.38 See Appendix 1 for a list of parishes with and without defined settlement boundaries.

Other considerations under Policy 7.5 Comment

8.39 Any application coming forward under Policy 7.5 is expected to demonstrate that it meets all criteria of the policy e.g. respecting the form and character of settlement and to some extent this will already have been done in considering the first part of the policy as the suitability of location is closely linked to concepts of sustainability and form and character.

8.40 In rural areas particularly the development of even a small number of dwellings can have a substantial impact on the character of the local area. Proposals which are considered to harm the form or character of the local area will not be supported under Policy 7.5 even if they are considered to meet the requirements of the first part of the policy relating to settlement boundaries.

8.41 Factors to be considered when assessing the impact of a proposal on the form and character of its surroundings include:

• Housing density and design in relation to nearby development
• Ratio of building footprint to plot area including consideration of the siting of the dwelling within the plot.
• Quality of design
• Landscape and visual effects/impacts.
• Historic environment e.g. proximity of and impact on Conservation Areas/Listed Buildings and the potential need for a heritage statement
• Environmental designations

8.42 Applicants will be expected to present evidence to demonstrate how they feel their application respects the form and character of the settlement in relation to the policy and the factors discussed above.

8.43 As set out in Policy 7.5 any proposal must accord with other relevant local plan policies. Paragraphs 8.5, 8.48 and 8.49 list potentially relevant policies from the adopted GNLP and the Broadland and South Norfolk Council Development Management Plan documents which should be considered. Of particular interest is likely to be GNLP Policy 2: Sustainable Communities.

8.44 As well as the factors set out in paragraph 8.41 above key considerations for the assessment of any application under Policy 7.5 will be safe highways access and flood risk. Applicants should present any necessary supporting information with their application and views should be sought from the Highway Authority and Lead Local Flood Authority as appropriate.

8.45 As outlined in Policy 1 of the GNLP the sustainable growth strategy sets out how the overall total of 45,041 homes in the GNLP will be distributed across the settlement hierarchy. It sets out how many houses will be provided in each part of the hierarchy e.g. Norwich urban area, Main Towns, Key Service Centres and Village Clusters.

8.46 Policy 7.5 is intended to support limited new development in the countryside therefore the consideration of the cumulative impact of any new development permitted under this policy in relation to the growth strategy in Policy 1 is an important consideration. The cumulative scale of growth in a settlement from applications permitted under Policy 7.5 should not exceed that considered reasonable in relation to its position in the settlement hierarchy as set out in Policy 1

Other Local Plan Policies Comment

8.47 Broadland and South Norfolk Councils have a range of other adopted local plan policies that could be of relevance to custom and self-build. These can be found online at Current Local Plan – Broadland and South Norfolk (southnorfolkandbroadland.gov.uk). The Development Management DPDs for each authority will be of particular relevance.

8.48 The Broadland Development Management DPD was adopted in August 2015. The policies that are likely to be most relevant to the consideration of custom and self-build applications include:

• Policy GC4 – Design
• Policy EN1 – Biodiversity and Habitats
• Policy EN2 – Landscape
• Policy EN4 – Pollution
• Policy TS3 – Highway Safety
• Policy TS4 – Parking guidelines
• Policy CSU5 – Surface Water drainage

8.49 The South Norfolk Development Management Policies Document was adopted in October 2015. It contains a number of policies that are likely to be relevant to custom and self-build applications, including:

• Policy DM1.4 – Environmental quality and local distinctiveness
• Policy DM3.8 – Design Principles applying to all developments.
• Policy DM3.10 – Promotion of sustainable transport
• Policy DM3.11 – Road Safety and the free flow of traffic
• Policy DM3.12 – Provision of vehicle parking
• Policy DM3.13 – Amenity, noise and quality of life
• Policy DM3.14 – Pollution, health and safety
• Policy DM4.2 – Sustainable drainage and water management
• Policy DM4.3 – Facilities for the collection or recycling and waste
• Policy DM4.5 – Landscape Character and River Valleys
• Policy DM4.8 – Protection of Trees and Hedgerows
• Policy DM4.9 – Incorporating landscape into design.
• Policy DM4.10 – Heritage Assets

Neighbourhood Planning Comment

8.50 Neighbourhood Plans were introduced by the Localism Act 2011. They are prepared by a parish or town council (or neighbourhood forum where relevant) for a designated neighbourhood area and enable communities to have a say about the development and growth of their local area. They contain policies which (if the Neighbourhood Plan is successful at examination and referendum) form part of the statutory Development Plan. This means the Neighbourhood Plan must be taken into account when assessing planning applications for new development in that area so should be considered when submitting applications for custom and self-build.

8.51 More information about neighbourhood planning, including details of adopted and emerging plans for each authority can be found online at Neighbourhood Plans – Broadland and South Norfolk (southnorfolkandbroadland.gov.uk)