If there ever was a part of a planning policy that could be described as truly ‘interesting’, then Paragraph 84 of the NPPF would be one.

This page was initially published in March 2018 and was last updated in December 2023.

Looking for Paragraph 80? In the latest update to the NPPF in December 2023, Paragraph 80 became Paragraph 84. This is a change of numbering only, there is no change to the wording or content.

The wording of Paragraph 84 (previously Paragraph 80) has been much debated in recent years. The phrases ‘highest standards in architecture’ and ‘sensitive to the defining characteristics’ may seem trite, yet the value attached to the natural landscape means that each proposal must stand up to rigorous testing against each of these phrases. Each local authority must decide what passes this litmus test, but the quality is set at a national level and many have not approved a single proposal to date. This section looks at individual proposals within the study, and the reasons for their approval or refusal in the context of the ‘tests’ of Paragraph 84.

Test 1:

Is truly outstanding, reflecting the highest standards in architecture, and would help to raise standards of design more generally in rural areas

Paragraph 84 requires successful applications to be ‘truly outstanding’. Previously, the wording included innovation, which was removed from the policy in 2021. Perhaps the most notable element of this criteria is that the goalposts through which a scheme is assessed as ‘outstanding’ are continually evolving.

Outstanding design is, by its very nature, subjective, and the move away from ‘innovative’ can place greater importance on the involvement of a Design Review Panel to help Local Authorities discern what is exceptional quality. With ongoing cuts to local authorities, most district and county councils no longer have in-house design teams, meaning that the ultimate decision about whether a scheme represents the ‘highest standards of architecture’ lies, conversely, with planners. Design Review Panels (DRPs), such as the regionally managed Design Network, help local authorities to test Paragraph 84 houses against this and the other policy criteria in an impartial manner. The subjective nature of the policy plays into a ‘hearts and minds’ approach to Paragraph 84 applications – the importance of appealing artistic impressions and visual representations cannot be underestimated to show the best in a project. In a recent appeal (App. Ref. 3236430), it was clear the inspector understood the journey and the visual of the building, which made the case for approval much stronger.

In a recent appeal (App. Ref 3282236), it was noted simply that any well designed scheme sets an example in an area, meaning that high quality architecture can always help raise the standard of design more generally. A contradiction that often arises is when an applicant makes the case that a scheme is both limiting its visual impact through hiding the scheme from view, whilst also arguing that it is helping to raise standards of design in rural areas. This point is picked up on in one appeal statement for a scheme that was ultimately refused permission.

Test 2:

Would significantly enhance its immediate setting, and be sensitive to the defining characteristics of the local area.

In her insightful article “Grappling with Para 55” (Insight Magazine, March 2017) Alison Galbraith of Terra Firma notes the difficulties in convincing a planning authority that a proposal will ‘significantly enhance its immediate setting’. However, she also notes that a thoughtfully designed building can add as much to the surroundings as landscape design. This sentiment still rings true years later. A design team must persuade the planning authority that the proposed building is, in and of itself, an enhancement.

From an ecological perspective, agricultural land is already fairly low-grade – the result of centuries of human intervention. However, this viewpoint is yet to be more widely adopted within planning policy. Many landscape character assessments include management strategies which may offer clues to how a landscape can be restored, repaired or enhanced from a policy perspective. While ultimately perhaps a matter of opinion, the inclusion of more objective evidence can be of assistance in building a case, including a Landscape Visual Impact Assessment (LVIA), ecological surveys and more recently introduced biodiversity net gain metric.

Successful proposals have developed to almost always be led by a landscape design and strategy, which may include management plans, particularly for key landscape features such as areas of woodland (App. Ref.: P1964/19). In some appeal cases, the planning inspectorate was satisfied with a proposal which brought some ecological benefits across the whole site and ‘significant enhancement’ to particular areas (App. Ref. 52796/001). Where views of a proposal are available to the public, a number of designs have responded proactively, with successful designs seeking to celebrate their siting within the landscape (App. Ref.: DC/17/2107).

For a design to be ‘sensitive to’ requires a detailed exploration into architectural concept development, through sketch, plan and model making as well as further qualitative research into local craft and culture. This is a natural part of the architectural design process and can be one of the most enjoyable for the design team. Landscape Character Assessments (LCAs) are usually available on a local authority’s website and can provide a useful starting point for the design. Where more site specific information is required, a Landscape and Visual Impact Assessment, (LVIA) can be commissioned to help establish a ‘baseline’ from which the impact of the dwelling can be assessed objectively.

It is also important to note that ‘outstanding’ design can be sensitive, and certainly doesn’t need to be a design out of context with its setting; in our own Black Barn project (App. Ref. 15/4715/FUL), the planning officer was enthusiastic about how Paragraph 84 proposals can ‘continuously develop the language of rural design and help create a twenty-first century vernacular’. Where the proposal lies in an ‘edge of settlement’ location, the variety of materials, form, and scale of buildings in that settlement or streetscene are more important to respond to, rather than a site that is more isolated in the truest terms (App. Ref. 3208289). Schemes have been refused for being ‘out of kilter’ with the prevailing landscape due to irregular forms (App. Ref. 3208289) or simply for being too large and therefore out of scale with the rural character (App. Ref.: P1567_14). Often Paragraph 84 applications reflect a change of use from agricultural to domestic use, and there is a great deal of scope to fundamentally change the character of the site if a scheme is poorly considered. In relation to this, a concern for the detrimental impacts of domestic paraphernalia and associated activities App. Ref.: 2012/62/92106/E) is also a common theme among refused applications.

It is, however, not necessary for a successful Paragraph 84 home to be typical of the prevailing pattern of development if the architectural aesthetic is of a very high standard. Analysis of the data suggests that local authorities are open to schemes that deviate, often radically, from traditional architecture, on the premise that the proposal is an exemplary piece of 21st Century design. A modern dwelling can be deemed ‘sensitive to the defining characteristics’, and be congruous to even sensitive landscape settings, if it is sited well and the design responds positively to the setting in terms of materiality, scale and form (App. Ref. 3236430).

Set up

1.1 Setting up a Framework

To create the framework for the study, we set up a database file of each of the Local Planning Authorities (LPA) in England in order to categorise the responses we received. Note: Paragraph 84 (previously Paragraph 80) applies only in England, not in Wales, Scotland, Ireland or Northern Ireland. We collated all of the email addresses into a mailing list, and sent the following email to each Local Planning Authority: Dear Sir / Madam, We are conducting a nationwide piece of research into paragraph 55 housing and are looking to find information on the following two questions: 1) whether you have had any applications that have sought to use the Paragraph 55 policy as the main justification for approval (or indeed if this has in fact been suggested by your officers as a possible route) 2) whether you have had any successful (or refused) paragraph 55 applications. Please give planning references. It would great for the dataset to be able to have a complete set of responses so we would welcome your time in responding. In the interest of transparency we will be publishing all responses from each planning authorities with the Architect’s Journal, including where there has been no response. Please could you reply to this email leaving ‘P55’ as the start of the subject line, as the emails will be filed automatically using this code. If you do not have any open countryside in your district, that would be useful knowledge too. We thank you for your time. Kind regards, A small number of Local Planning Authorities responded with a similar request for further information, so we then sent the following clarification, Dear Sir / Madam, To clarify, we refer only to applications under Paragraph 55 of the NPPF since March 2012, which use the final bullet point as justification, namely the exceptional quality or innovative nature of the design of the dwelling:

Other authorities have given a response from a senior planning officer/person who has a working knowledge of the applications. If you are able to provide something similar it would be most helpful, even if not exhaustive or definitive. Kind regards, All responses were collated in an email mailbox, with a thank you message sent to those who had sent a response.

1.2 Data processing

A new record in the database was created for each of the LPA’s applications that were received, and each was categorised under the following headings:

Submitted: A Planning application has been formally submitted to the Local Planning Authority but was yet to be determined at the time the data entry was recorded.

Withdrawn: An application was submitted but was withdrawn by the applicant before the date of determination.

Refused: An application was submitted but was refused by the LPA. No appeal was submitted by the application at the time the data entry was recorded.

Refused, appeal submitted: A submitted planning application was refused at LPA decision level and an appeal was submitted by the applicant, but this was yet to be determined by the time that the data entry was recorded.

Refused at appeal: A submitted planning application was refused at LPA decision level, and the decision was upheld by the Planning Inspectorate after an appeal by the applicant.

Approved: A submitted planning application was formally approved

Approved at appeal: A submitted planning application was refused at LPA decision level, but the decision was overturned by the Planning Inspectorate after an appeal by the applicant.

For each application, a link to the relevant LPA online portal was saved, and the following documents were also downloaded (where available):

• Design and Access Statement
• Planning Officer’s Committee Report
• Appeal Decision Report from the Planning Inspectorate

These documents were used to establish the name of the Architect/Designer involved in the project, and to establish early trends. Where the LPA did not send details of applications, the results were categorised as follows:

No Paragraph 84: The LPA reported that they were not aware of any submissions made, that sought to rely on the “exceptional quality or innovative nature of the design” under Paragraph 84 of the NPPF

Urban/Minimal Rural Land: The LPA reported that they were primarily an urban authority and as such had no or a very minimal amount of land that could be classified as rural.

Could / would not contribute: The LPA responded that they were unable or unwilling to provide the information to the study

Did not respond: An initial email and subsequent follow up request was sent, but no response was received within the 6 weeks of the initial study period.

1.3 Upload of results

The customised map was created using Google ‘My maps’ feature.

Boundaries were added onto the map using open source data files. The open source map was incomplete, and the remaining boundaries were added manually.

The map was cross referenced with the government CSV file, which imported the name of the district authority.

Data from a recognised government source was used to label ‘Metropolitan Districts’

The links have been included on though these have not been uploaded to the map as a result of file size limitations.

Known limitations of the data

2.1 Achieving a definitive study Most local authorities do not keep detailed or definitive records, so much of the data has been collated through the informal recollection of local planning officers and/or our own research. As there is no specific Paragraph 84 ‘category’ for applications, it is quite difficult to create anything more definitive. Pre-applications have not been included for three reasons;

Only a small number of local authorities provided information on pre-applications, so the data may not be representative

Pre-applications are not typically available online, and so there is little information that would be of use to other practices

Until such a point as the application has been submitted, the number and status of applications are quite volatile, and it may not even be known whether or not a project will be tested against the Paragraph 84 criteria.

We do not have data on the number of Paragraph 84 schemes that have been built – this is a potential area for future study.

2.2 Evolving data set The database will begin to go out of date almost immediately, as new applications are submitted. Studio Bark will continue to manage the resource, and update any new known information from our own research, but it will not be possible to ensure that all of the information is up to date at any given time. To mitigate this, it will be possible for others to submit information to assist in keeping the map up to date. We would encourage others to get in touch if they have a new project that they would like to appear on the map, and for the benefit of everyone using the study. Please see 10 Contribute to the database for further details.

2.3 Approximations Locations are approximate: In order to process the large number of applications efficiently, we have placed the pinpoint on the map to the nearest postcode only.

Boundaries are approximate: The boundary data was imported from an open source data file of unknown origin. The data has been cross referenced against a government list of local authorities but is not expected to be 100 complete or accurate.

Analysis of Selected Studio Bark’s Decision Statements

Periscope House

“It is proposed that the dwelling would meet level 6 of the Code for Sustainable Homes and therefore be a zero carbon property. To achieve this the following design principles have been adopted in the design of the dwelling: Solar gain and solar shading Highly insulated timber frame construction Incorporation of thermal mass Passive ventilation Use of locally sourced timber and natural materials Triple glazing Air tightness Off grid heating and electricity Whilst most dwellings would normally incorporate a small number of the above principles, the proposed dwelling would use a combination of them all resulting in a dwelling which is significantly innovative and sustainable in its construction…

…It is considered that the proposed dwelling is innovative in its design and represents the highest standards of architecture. Furthermore, the proposal would be highly sustainable in its construction meeting level 6 of the Code for Sustainable Homes. The proposal is therefore considered to comply with paragraph 55 of the NPPF.”

Grain House

“The design rationale, focused on the historic drainage channels and field patterns of the site is considered to be an innovative approach, which creates and informs a narrative and perceptual experience of the dwelling, the site, and the surroundings. Given this narrative and design rationale, the proposal is therefore considered to be innovative and of an outstanding standard of design and architecture…

…Careful thought has gone into the design of this building – and one of the primary drivers is the relationship between the built form and the landscape – both as it exists now and how the field functioned in its past. The process of design review panels has assisted in arriving at a solution which sits in the landscape and relates sympathetically to its immediate surroundings. The proposed design is innovative, distinctive and makes use of existing landform to ensure the profile is less prominent in the landscape. The one storey, partially buried, building is nestled in a low point of the field facing West. The alignments of the walls deliberately follow the ancient drainage routes on the field and forms part of the design methodology used in its evolution – in a direct attempt to be relate to the existing landform and landscape history. The materials used are locally prominent and the associated green roofs and planting to the front of the property will contribute positively to the biodiversity of the site (providing native species will be used) and will help incorporate the design into the landscape. The effect of the proposal on the Landscape Character of the site will be of a low negative nature, whilst the visual impact will be positive. There will be a net biodiversity gain derived from the green roofs and additional planting. The proposals is considered to accord with HDPF policies 31, 32 and 33 and in part with Policy 26, and are broadly in line with the guidance set out in the Landscape Character Assessment for area F1 Pulburough, Chiltington and Thakeham Farmland.”

Black Barn

“The design proposal here draws on the form of a traditional black barn, a rural building type that has ancient origins, the oldest examples of which survive from the 13th century. In terms of their East Anglian form – rectangular, timber-framed, timber clad and thatched – very little changed in the character of barns over succeeding centuries other than in respect of their size and materials. Larger barns and brick built barns were indicators of status and the wealth of the farm holding. Basically, barns as simple (black) boxes have been part of the pattern and language of the countryside for a very long time. The design proposal draws on this typology and, without simply replicating it, subverts its form in response to the programmatic requirements of the client brief and the site-specific context. The result is a building of innovative form and appearance which is clearly derived from a local typology such that it will take its place in the landscape comfortably whilst extending the modern concept of the ‘living barn’. Whereas barns have historically been used for the storage of crops and livestock (the site was used in the 19th century as a poultry farm) today many that are redundant are used successfully for dwellings and have become, in effect, a modern hybrid typology to which this new scheme relates.”

This proposal shows that the applicant, external bodies and the Council have worked effectively in partnership. Suffolk Coastal District Council is rightly proud of its proactive role in promoting the highest quality of innovative design. A significant element of the success of this project has been based in the pre-application process. Suffolk Coastal has approved paragraph 55 proposals steadily on their own outstanding merit over the past four years. Despite an active facilitating role, many other schemes have fallen short of compliance with paragraph 55 at either the pre-application or planning application stage. In this case, the applicants have demonstrated excellent cooperation with officers and The Design Review Panel to achieve an S55 compliant scheme which is an exemplary submission, both in terms of working practice, supporting documentation and in the high quality of architecture. This proposal would be a very welcome addition to the existing high quality standard of domestic architecture across the district and it is therefore recommended for approval.”

Pivot House

“In terms of the effect of the proposal on the character and appearance of the area, it is noted that the site is secluded in nature, being largely screened by established hedging and trees. The dwelling would be set well back within the site and partially screened by existing woodland and additional planting and would not intrude visually into the surrounding open landscape. The proposed dwelling and garage building would be located to the southwest of the site between the woodland to the south and the north, which allows the proposal a combination of shelter and discreetness...

…Also due to the single storey nature of the dwelling in conjunction with the gradient of the site the dwelling is partially concealed within the site and therefore only glimpses of the dwelling would be afforded to the surrounding area. The proposed materials also complement the surrounding rural character. Combining the use of a heavy weight flint gabion facade and a diverse green roof helps to project the illusion that the building is growing out of the landscape and further helps to assimilate the dwelling into its rural surroundings…

…The proposal is arranged around an orderly central courtyard designed to bring natural light into all corners of the plan, whilst maximising the potential of natural cross-ventilation. The northern edge and approach to the building sits low in the landscape, allowing approaching visitors to catch a glimpse up and over the green roof to the surrounding landscape. The proposal as highlighted above includes a green roof, which would accommodate a variety of local flora and fauna to assimilate the proposal into the surrounding landscape, whilst promoting biodiversity, reducing rain water run-off, and helping to buffer radiant heat and keeping the building cool in the summer. The proposal also includes a landscaping scheme, which would enhance the appearance of the site and add to the biodiversity of the locality… …Taking these considerations into account, it is concluded that the proposal would accord with national planning policy and is considered to be innovative in terms of design and of a high standard of architecture.”

Billingford

“The proposal for the erection of a single dwelling and garage is a self build and follow the design principles for a U-Build House which involved a new and innovative open panel flat pack timber frame building system. The U-Build system is a leading standard in energy efficient construction. The system has the intention of reinvigorating a traditional DIY build and will allow the applicant to get ‘hands on’ with the development… …There are a number of key elements within the U-Build that are considered innovative and will help raise the standards of design in Billingford. The key elements include accurate design and prefabrication, minimal waste, low embodied energy and for the proposal to be a fully structural system. The proposal is energy efficient with the external face of the dwelling being insulated with 280mm sheep wool and due to the design the dwelling will be airtight. The U-Build system is reusable, environmentally responsible and a majorly cost effective system… …Establishing whether or not a proposal is of a truly outstanding or innovative design is invariably a subjective matter. In regard to the current proposal using the U-Build system there is no doubt that the proposal is highly innovative. Thus it is whether or not the proposal is of ‘exceptional quality’. The design arrangement, massing, form and use of materials could be argued as being of exceptional quality in this location.The design is for a low-level height and of modest size for a two-storey dwelling. It would add visual interest to the scheme. The rural design and feel of the proposal would largely reflect the rural nature of the area. The size, scale and massing of the proposal would be sensitive to the defining characteristics of the local area and would not be harmful to the area of landscape.”

Water Farm

“The size, scale, orientation and shape of the dwelling is considered appropriate, and does not seek to maximise or overdevelop the site to the detriment of innovative design. The layout is proportionate minimising the level of countryside intrusion through the environmentally sensitive design cues incorporated, which the LPA welcomes. The scheme is of exceptional quality and is truly outstanding and innovative, reflecting the highest standards in architecture, and would provide a degree of betterment and uplift for the rural area. The scheme would enhance its surroundings, and would not hinder the character of the landscape to an unacceptable degree warranting refusal. The proposal harmonises with Paragraph 79 intently, and as such, the test of isolation is not engaged. Economically, the proposal would generate a benefit for local trade before, during and after construction…

…Furthermore, there will be a positive benefit through support of local amenities, facilities and services available from future owner / occupiers. Financially, the proposal would contribute to Council Tax, the Stour and Orwell SPA/Ramsar site and also CIL although these are not material planning considerations but are included for completeness. Socially, the proposal yields positive benefits through the potential for interaction by owner / occupiers. Positive contribution to the local community can in some instances generate stronger communities. The proposal provides a contribution to much needed pioneering eco-build housing.”

Our response

A common theme in these projects has been that research-led approaches have been important in drawing out a particular characteristic of the site, or local area. A contextually sensitive design approach has then been developed in response. Where the authority has shown interest, resources have then been applied in a focused manner toward enhancing that particular concept or direction. Landscape led designs have become ever more important to the success of a scheme, and brings benefits to the wider site with regards to biodiversity. We have found that enthusiasm for the process, sensitive design, and great experience of the policy has helped shaped our projects and approvals.

What didn’t work

We have taken nine Paragraph 84 (previously Paragraph 80) projects to Stage 3 (full planning submission), and eight of our proposals submitted to their respective authorities have been successful at committee. One proposal, Water House, was taken to the planning inspectorate for appeal and was ultimately dismissed.

Water House was a valuable experience in learning more about the Paragraph 84 process. The project was the first Paragraph 84 proposal to be given the full support of the North Norfolk Coast AONB team, but was nonetheless refused by the North Norfolk District Council, who have not (at the time of writing) approved any Paragraph 84 (or 80, 79, 55) applications in the district. The site itself is a highly sensitive location, within two conservation areas and an AONB, furthermore during the design period the Braintree ruling (see 2018 Changes to National Policy notes section) was decided, changing the perception of ‘isolation’ in the policy wording. Studio Bark still has a great relationship with the client, and has learned valuable lessons through the process, informing open and transparent discussions with prospective clients moving forward.

There have been a number of projects along the way where the client has decided not to proceed for one reason or another. The case for ending a project is much easier to argue at the beginning, where less time and energy has been expended. Conversely, we see an increasing commitment from clients the further the project progresses. Studio Bark undertakes short packages of work at the start of a project, beginning with a site appraisal, to understand the potential for development on a site. This way, if a site is not appropriate for a Paragraph 84 home, a client can find out as early as possible. Once design has begun, we find that submitting a request for pre-application feedback at an early stage helps gauge the planning authority’s appetite for development on a site, and helps mitigate a client’s risk in terms of time and cost.

We have included excerpts from early pre-application responses from local authorities below, along with context, but in the interests of client privacy, we have made the projects and the planning authority names anonymous.

Project 1 Pre-application feedback (Stage 1)

“…The key issue in reaching a decision as to the acceptability of such a scheme is therefore whether the new dwelling as proposed would be appropriate to its location, significantly enhancing its immediate settings and be truly outstanding or innovative, reflecting highest standards in architecture and sensitive to the characteristics of the local area. Although the supporting documentation details the use of local materials and high standards of craftsmanship, details of any specific innovative features have not been provided, with the information primarily relying on the contemporary design itself. The proposal is for a large scale new build dwelling made up of a number of separate buildings to the rear of existing properties on greenfield land. The majority of the site is within Flood Zones 2 and 3 and acts as a floodplain . As it stands the proposed is not seeking to replace a particular dwelling or seeking to convert an existing building and for the reasons given in the consultee responses, it is difficult to argue that development here will significantly enhance its immediate surroundings and setting – a key requirement of paragraph 80.”

Studio Bark Response: This was a particularly challenging site in a sensitive location, with local concerns around flooding and a local authority that had already met its local land supply target. By the time of the pre-application response discussions with the local authority were not able to overcome some key differences in opinion over the nature of Paragraph 80. We have had initial negative responses of a similar level in some of our successful projects, however we have been able to regroup, listen to the advice and ultimately move forward with a positive change of tack. In this particular instance, the client was unwilling to invest further resources, and so the project was concluded at stage 1.

Project 2 Pre-application feedback (Stage 1)

“While the village location is not a designated settlement for development it is considered to be sustainable for limited development as already discussed. Therefore potentially the argument for the development to be an exception house on the grounds of Paragraph 79 of the NPPF is questionable. Paragraph 79 requires an innovative design of exceptional quality. Such a building would have to be truly outstanding or innovative, raising standards of design generally, reflecting the highest quality of architecture, significantly enhancing its immediate setting, and being sensitive to the defining characteristics of the local area. This is an extremely high threshold of acceptability, in addition to the sensitive landscape location of the site. It was highlighted at the site meeting that an alternative to concrete would be used that uses 95% recycled materials and if viable would be an innovative design solution that is not currently in the market. However it was also noted that this approach has not been undertaken on any development of this scale. I am therefore at present not convinced that the design or innovation is sufficient at present to meet with Paragraph 79. If an application was to come forward (notwithstanding the advice provided) which relied on the use of this innovative material we would require much greater reassurance that the building could be constructed using this method. If it could not, then the building would just be of modern design and not innovative and therefore not a Paragraph 79 dwelling. The challenges of providing a Paragraph 79 dwelling in this sensitive landscape location (AONB and Conservation Area) are high. The scale of development and associated landscape and access works would represent harm to the character and appearance of the AONB and more specifically the Conservation Area. Given the sensitive location of the site it is unlikely that a dwelling could be accommodated within this elevated section of the site. In addition the associated works to the access, drive and parking would significantly and adversely impact the character and appearance of the Conservation Area. If you wish to proceed with an application for a Paragraph 79 dwelling against officer advice, please note that we would seek the advice of the South West Design Review panel in relation to the paragraph 79 criteria.”

Studio Bark Response: On the ground of innovation, the strategy chosen was a novel new process for reducing the cement content of concrete by 95%, however it was still at the prototype stage. The double edged sword of innovation is naturally that of uncertainty, so we felt that this particular comment would be easy to overcome with further documentation. The biggest difficulty for this site was the sensitivity of location and the fact that the local authority was unsure about validity of pursuing a Paragraph 79 (now Paragraph 80) approach here. Comments angled at the suitability of the site siting of the dwelling require more justification than design responses alone may be able to answer. In this instance, after careful thought, the client decided that the risk involved in pursuing the design further was too great.

Project 3 Pre-application feedback (Stage 1)

“I have researched whether an application under paragraph 80 would not require the application of a sequential test, but could find no relevant case law to indication that this is the case. Paragraph 155 of the NPPF states that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere. It requires the application of the Sequential Test and if necessary the application of the Exception Test. Para 156 goes on to state that the aim of the Sequential Test is to steer new development to areas with the lowest probability of flooding. Development should not be permitted if there are reasonably available sites appropriate for the proposed development in areas with a lower probability of flooding. It is my view as a planning officer that an application under paragraph 80 would not remove the need for the application of the Sequential Test. It would be up to the applicant to demonstrate that there is no site within the District reasonable available for the proposed development within an area of lower risk i.e. in zone 1 or 2, or to make a case that there are no ‘appropriate’ alternative sites for this dwelling in an area with a lower probability of flooding.”

Studio Bark Response: This has been the clearest of all of our responses in terms, by suggesting that the site itself was unsuitable, owing to flooding risk. Although there were flood-mitigation measures in place for this particular design, the officer’s view was that Paragraph 80 as an exception policy was not strong enough to overturn the flooding risk. The fact that the planner ‘could find no relevant case law’ is not in itself a confirmation that the view was correct, and indeed it would be an interesting test of the policy if the case were to go thus far. That said, fighting a planning court case is a significant undertaking, and takes a particular resolve. In this instance the client chose not to pursue this route, and our internal opinion is that this was a sensible strategy.

Project 4 Pre-application feedback (Stage 2) incorporating DRP feedback

Whilst the design presented is certainly interesting it reflects aspects of other building design, including ones you yourself have presented, and the sustainable technologies/design details proposed to date have not been demonstrated to be truly innovative in their nature. The use of timber (and other materials) from the site as the main source of construction materials would be inherently sustainable but is not in itself considered truly innovative… …It is understood that you are at an early conceptual stage of development and therefore that the design and proposals, should your client wish to proceed, would no doubt evolve further and look to address the matters raised. You may wish to separately carry out pre-application consultation with other stakeholders including the AONB partnership who may be able to assist you in terms of local building traditions etc. In conclusion, whilst it is recognised that the design is still evolving for this site it is not considered, that to date, the tests of para 79 have been met. The challenge set by the choice of site and the existing designations relating to it has also been picked up on by DRP who have raised the matter of access and management of construction traffic and how this in itself will have further impact.

Studio Bark Response: This response was not at all discouraging, and the comments were framed in a context of ‘tasks to complete’ rather than ‘reasons for likely failure’. Our assessment of this scheme was that it was well supported for this stage of design, both by the design review panel and by the officer, and that the team would only need to find solutions to a small number of concerns in order to gain approval at Stage 3. Unfortunately in this instance the client, as a result of financial and time commitments outside of the project context, felt unable to commit further resources. This was a great shame, as of all of the concluded projects concluded early, we feel that this had the greatest probability of success.