Settlement FAQs

can planning consent be given outside of settlement boundry

by Dr. Kyla Walter Published 3 years ago Updated 2 years ago

A question we often get asked by our clients is ‘ can I secure planning permission for a development outside of a settlement boundary? ’ The planning process is not always clear, and the answer will vary depending on the individual circumstances of the site, what is being proposed and the area in which it is located.

Planning Approval Given
If a site is outside the settlement boundary planning permission will not automatically be refused. There may be ways for a development to meet planning criteria.
Apr 15, 2020

Full Answer

Can a site be outside the settlement boundary without planning permission?

This case demonstrates that whilst councils are keen to keep rural development within the settlement areas, there are some opportunities for alternative developments. If a site is outside the settlement boundary planning permission will not automatically be refused. There may be ways for a development to meet planning criteria.

What is the relationship between the local plan and settlement boundaries?

The Local Plan generally allows for development within the boundary and resists development outside. What is the background to settlement boundaries? A lot of focus is given to “settlement boundaries” but the phrase is not mentioned once in the National Planning Policy Framework.

Why is it so hard to get planning permission for Rural Development?

Planning permission for development of land in rural areas has traditionally been difficult to obtain due to planning policies seeking to control development with very few exceptions. As a result, potential development at sites outside of settlement boundaries can be proven difficult.

What is the minimum number of dwellings required for a settlement?

There is no specified minimum number of dwellings, or population. It is not said that a settlement or development boundary must have been fixed in an adopted or emerging local plan, or that only the land and buildings within that settlement or development boundary will constitute the settlement.

What are the boundaries of a settlement?

A settlement boundary is a line that is drawn on a plan around a village, which reflects its built form, this is also known historically as a 'village envelope'.

What is development boundary?

Development boundaries are used to define a boundary between the built-up area of an existing settlement and the surrounding open countryside. The CLP defines a settlement as having, 'a form and shape and clearly definable boundaries, not just a low-density straggle of dwellings.

What is a protected settlement boundary?

Protected settlement boundaries are a tool for setting the urban limit of townships to ensure environmental, landscape, cultural and natural resource values can be protected for the long-term.

What is a settlement development limit?

Settlement development limits are intended to manage the development of housing growth at our settlements and are an essential part of the Local Plan (2015) development strategy.

What is the boundary of the development is it possible?

A development boundary is a line that is drawn on a plan around a village, which reflects its built form. The development boundary is used as a policy tool reflecting the area where a set of plan policies are to be applied.

What is an example of urban growth boundary?

Metro (Portland, OR) Urban Growth Boundary: The most studied example of urban growth boundaries is that of Portland, Oregon. In the 1970's, the State of Oregon passed laws requiring every city and metropolitan area to designate an urban growth boundary.

What is the purpose of urban growth boundary?

An urban growth boundary (UGB) separates urban areas from the surrounding natural and agricultural lands, or greenbelts. It puts a limit on how far out the city can expand. UGBs are often voter-approved and set for a specified period of time, like 20 years.

What is urban growth boundary in Oregon?

Urban Growth Boundaries and Urban/Rural Reserves Each city in Oregon has an Urban Growth Boundary, or UGB. A UGB is used to designate where a city expects to grow over the next 20 years. Cities may amend their UGB as needed to accommodate city growth.

What are some examples of local planning authorities resisting development outside of settlement boundaries?

As a starting point, local planning authorities tend to resist development outside of settlement boundaries, but they may make some exceptions or allowances, for example: Buildings that promote the development and/or diversification of agricultural and other land based rural business.

What happens if a local planning authority fails to supply enough housing land?

In such circumstances, national planning policy dictates that each application should be considered on its merits in accordance with the presumption of sustainable development. This could mean that a site that is not isolated and in close proximity to an existing settlement could be developed, even if it falls outside of a settlement boundary.

What is national planning policy?

National planning policy promotes the effective use of land which includes the development of previously-developed land or brownfield land for housing purposes, except where this would conflict with other policies. This could include the development of sites outside of existing settlement boundaries.

Can I secure planning permission for a development outside of a settlement boundary?

A question we often get asked by our clients is ‘ can I secure planning permission for a development outside of a settlement boundary? ’ The planning process is not always clear, and the answer will vary depending on the individual circumstances of the site, what is being proposed and the area in which it is located.

Is it acceptable to build a new home in an isolated location?

New homes in isolated locations may be deemed acceptable where they are truly outstanding or innovative and reflect the highest standards of architecture.

Do local authorities accept replacement dwellings?

Replacement Dwelling. Most local planning authorities accept replacement dwellings regardless of their location. The main area of policy constraint relates to the size of the new dwelling compared to one it will replace. This allowance will vary between local planning authority areas.

Why was the proposed new access accepted?

The proposed new access was also accepted, because it provided good visibility when leaving the existing dwelling.

What is WPS planning?

WPS Planning can help you establish if any special criteria apply in your case. In the Change of Use application we can set out the relevant material considerations in support of development outside the settlement boundary. We can also ensure that correct weight is given to the key issues in the decision making process.

Is the proposed dwelling close to the settlement boundary?

That the dwelling was close to the settlement boundary and not an isolated dwelling. It was decided that the proposal was a sustainable form of development. The dwelling was deemed to provide an appropriate sized accommodation with sufficient parking. The proposed new access was also accepted, because it provided good visibility when leaving the existing dwelling.

What is settlement boundary?

In simple terms, a 'settlement boundary' is a dividing line, or boundary between areas of built/urban development (the settlement) and non-urban or rural development (the open countryside). Although a settlement boundary does not preclude all development beyond the boundary2, it does give clarity as to where new development (particularly housing) is likely to be acceptable in planning terms. The Ellingham Neighbourhood Plan may allocate land for housing. Any proposed housing sites will be included within the settlement boundary. The Plan is proposing to take a positive stance with regard to the provision of affordable housing, and so proposes to support ‘exceptions’ sites beyond (but adjoining) the settlement boundary.

What is the methodology for defining settlement boundaries?

There is no single established methodology for defining settlement boundaries, and different local planning authorities across the country have taken different approaches to drawing settlement boundaries. However, where a methodology has been used the criteria are generally similar from one local authority to another. These include questions such as whether to draw a boundary around clusters of buildings close to but separate from the main settlement; and whether particular uses should be included or excluded from the boundary, where they occur at the edge of a settlement. This report has drawn on existing methodologies and sought to establish a methodology considered to be most appropriate within the context of the sensitive landscape around Ellingham, and the local context. The methodology does not determine whether a settlement will have a boundary or not. The decision to define settlement boundaries has been taken by the qualifying body, in consultation with the local community, in the production of the Ellingham Neighbourhood Plan, to give clarity and context to policies proposed.

What is Ellingham's neighbourhood plan?

The Ellingham Neighbourhood Plan will propose a general presumption in favour of sustainable development within the settlement boundary of the village. The current strategic plan for the neighbourhood plan area is the Berwick-upon-Tweed Borough Local Plan (April 1999). Northumberland County Council is in the process of preparing a County-wide Local Plan. This has been through the first stage of consultation. The Northumberland Local Plan proposes settlement boundaries for those settlements in the County that are not producing neighbourhood plans. As Ellingham is producing a neighbourhood plan, it is up to the Parish to decide where the settlement boundary should go, based on a clear set of criteria.

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