Four-bedroom self-build home at Olive House Langham Road, Badwell Ash

The site and surroundings

The site is part garden and amenity land outside but adjoining Badwell Ash’s settlement boundary, beside Brookside, Olive House and Langham Road.

“Site and Surroundings 2.1. The site comprises part garden, part amenity land, which previously contained trees, within the ownership of Olive House, a large chalet bungalow located on the edge of Badwell Ash. To the east of the site is the remaining garden of Olive house. To the west is Brookside, a bungalow. To the north of the site is the remaining woodland/amenity land and beyond this open countryside.”

Officer report

What officers recommended

Officers recommended permission because self-build housing was in short supply, the site was considered sustainable, and harmful impacts were not significant.

“The proposal denotes that the dwelling would be a self-build home; policy LP08 of the Joint Local Plan offers support for self-build/custom-build housing, however this policy is not listed within Table 5 of policy SP03 and as this proposal is situated outside of the settlement boundary this policy does not provide in principle support.”

“At the present time the Council cannot evidence a suitable supply of self-build housing, as required by the Self-build and Custom Housebuilding Act 2015. This Act places a statutory duty on Local Authorities to monitor and respond to demand for self-build/custom-build in accordance with the districts self-build register, through the granting of sufficient planning permissions. At the time of writing this report, the Council has a shortfall of 87 self-build plots.”

Officer report

Main planning issues

The proposal conflicted with settlement-boundary and infill policies, but officers considered its self-build, social, economic and sustainability benefits outweighed that conflict.

“The development is outside of the settlement boundary of Badwell Ash and does not form an acceptable infill development. As such the proposal would not comply with policies LP01 or SP03 of the JLP, or BALT2 of the Draft Neighbourhood Plan…”

“The positive impact of the development, including social and economic benefits during construction and occupation and an additional self-build dwelling within a sustainable location, outweigh the fact that the development would not comply with the JLP or Draft Neighbourhood Plan.”

Officer report

Consultation responses

Highways raised no objection subject to conditions, while other consultees sought measures for fire safety, noise, ecology and biodiversity.

“County Council Responses SCC - Fire & Rescue Comments Received - 01/05/2025 Access and Fire Fighting Facilities Access to buildings for fire appliances and firefighters must meet with the requirements specified in Building Regulations Approved Document B, (Fire Safety), 2019 Edition, Volume 1 - Part B5, Section 11 dwelling houses, and, similarly, Volume 2, Part B5, Sections 16 and 17 in the case of buildings other than dwelling houses.”

“Ecologist Comments Received - 14/05/2025 The mitigation measures identified in the Preliminary Ecological Appraisal should be secured by a condition of any consent and implemented in full. This is necessary to conserve and enhance protected and Priority species including bats, amphibians, and nesting birds. I note there are 12 waterbodies within 500m of the development site, with the closest c115m north, and the site is situated within a Great crested newt Amber risk zone.”

Officer report

Who spoke

A parish council representative and the applicant addressed Members, while the Chair read a statement from the absent ward Member.

Members’ discussion

Members discussed the neighbourhood plan, flooding, sewerage, design, layout, neighbour effects, the dwelling’s scale, self-build status and access.

“Neighbourhood Development Plan (NDP), the concerns raised by the Parish Council regarding sewage, whether the applicants were on the self-build waiting list, the proposed height of the dwelling, the definition of self-build, whether there would be a restriction to prevent further development on the site, and the adjacent ditch.”

“Members continued to debate the application on issues including: the positioning of the property within the site, the provision of a dwelling for local people, the scale of the house in comparison to the overall plot, the self-build nature of the site and whether this has an impact on the Officer recommendation, and the access road.”

Minutes

The vote

Councillors Hadingham and Lawrence proposed and seconded approval, which passed by six votes to one.

“Councillor Hadingham proposed that the application be approved as detailed in the Officer recommendation. Councillor Lawrence seconded the proposal.”

Minutes

The decision

Permission was granted subject to a unilateral undertaking securing the self-build requirement and conditions covering design, access, energy, landscaping, ecology and construction.

“(2) That the Chief Planning Officer be authorised to GRANT Planning Permission upon completion of the unilateral undertaking subject to conditions as summarised below and those as may be deemed necessary…”

“Time limit • Approved plan • Removal of permitted developments to add an additional storey • Provision of renewable energies prior to first occupation • Agreement of surface finishing materials • Landscaping (hard and soft) plan • Implementation of landscaping within the first planting season • Vehicle & cycle parking • EV charging points • Refuse storage and presentation • Biodiversity enhancement measures • Great Crested Newt precautionary measures • Development to be…”

Minutes