The developer’s appeal to the Secretary of State has been successful and has overturned West Northamptonshire Council’s decision to refuse the development proposal on the floodplain land east of the Meadows, Old Stratford.
Here we summarise the key themes, ideas, and facts from the planning appeal decision document:
1. Introduction
This planning appeal decision (Ref: APP/W2845/W/24/3343140) was made by a Planning Inspector, C Carpenter, on December 3rd, 2024.
The appeal was lodged by Mr. Jacob Taylor (RO Land) against West Northamptonshire Council’s refusal to grant planning permission for an affordable housing development on land east of The Meadows, Old Stratford.
The Inspector has allowed the appeal, granting planning permission subject to conditions and a Section 106 agreement.
What is a Section 106 Agreement?
A Section 106 Agreement (S106 Agreement) is a legally binding agreement between a local authority and a developer or landowner under the Town and Country Planning Act 1990. It sets out planning obligations that must be met in exchange for granting planning permission.
A S106 Agreement ensures that developments contribute to local infrastructure and community needs, such as roads, schools, parks, or affordable housing. These obligations must:
Be necessary to make the development acceptable,
Be directly related to the development, and
Be fair and proportionate in scale.
The agreement may restrict land use, require specific works, or mandate financial contributions. It is legally enforceable, binding future owners, and may be registered as a local land charge or with HM Land Registry, potentially restricting property transactions until obligations are met.
2. Key Facts
- Appellant: Mr. Jacob Taylor (RO Land)
- Local Authority: West Northamptonshire Council
- Application Ref: WNS/2023/0011/MAF
- Proposed Development: 32 affordable dwellings, including public open space, localised land remodelling, flood storage, structural planting and access.
- Appeal Decision: Allowed. Planning permission granted.
- Site Location: Land east of The Meadows, Old Stratford. (Grid Ref Easting: 477964, Grid Ref Northing: 240789)
- Inspector: C Carpenter BA MA MRTPI
- Decision Date: 3rd December 2024
3. Main Issues
The Inspector identified the following two main issues:
Suitability of Location:
Whether the proposed location was suitable in respect to adjacent settlements, local services, and facilities.
Impact on Character and Appearance:
The effect of the development on the character and appearance of the surrounding area.
4. Rationale for Allowing the Appeal
The Inspector concluded that the proposal was acceptable due to the following reasons:
- Affordable Housing Need: The development would address a significant local need for affordable housing. The Council’s Housing and Economic Needs Assessment Update (March 2024) demonstrates a need for both social and affordable rented homes as well as affordable home ownership, with 60 households on the register seeking affordable rented accommodation in Old Stratford. The SHT supports the mix of property types and sizes proposed.
“The Council’s Housing and Economic Needs Assessment Update (March 2024) estimates for South Northamptonshire a net need for 348 social and affordable rented homes per annum (Table 76) and a gross need for 94 affordable home ownership dwellings per annum (Table 83). The Council’s Strategic Housing Team (SHT) has confirmed some 60 households on its Housing Register are willing to live in Old Stratford…” - Rural Exception Site: The development is considered a rural exception site, which allows for development outside settlement confines when affordable housing needs are met. This satisfied both the local plan policies which support development of this nature. The proposal satisfies the requirements for both a rural and entry level exception site.
- Compatibility with Local Plan Policies: The proposal was found to accord with policies WNJCS Policy S1D, R1, H3 and SNLP Policy SS1 and LH3, which promote development in rural villages where it enhances and maintains their vitality and meets the needs of the community.
“Overall, I find the proposal accords with WNJCS Policy S1D, which seeks to enhance and maintain the distinctive character and vitality of rural communities…” - Acceptable Impact on Character: The Inspector determined the development would not have a harmful effect on the character and appearance of the area. The site is already visually linked to existing housing and the development was considered to represent a ‘seamless extension’ to the existing village.
“The development would form a relatively seamless extension to the nearby estates, with housing comparable in size and appearance, integrated road layout and footpaths, and new soft landscaping…” - Limited Impact on Tranquility: The Inspector deemed the development would be a “modest” addition to the village and wouldn’t significantly impact its tranquility.
- Community Engagement: The Inspector acknowledged the developer’s attempts to engage with the community before application was made via meetings, a website and leaflets delivered to over 1000 homes.
- Support of National Framework: The Inspector found that the Framework’s approach to growth in rural villages, support for affordable housing on rural exception sites and objective to maximise the supply of housing weighed in favour of the proposal.
- Other Matters: Issues raised by locals such as flood risk, access to parkland and public rights of way, were found to be adequately addressed through planning conditions and the provided reports. The Flood Risk Assessment and SUDS report provided demonstrated no dwellings would be constructed in Flood Zone 1 and mitigation of flood risk via a SUDS scheme was included in the conditions. The Inspector also stated the planning system does not exist to protect private interests such as the value of property, in response to concerns about falling house prices.
5. Planning Obligations (Section 106 Agreement)
A Section 106 legal agreement was secured with the following key obligations:
- Affordable Housing: Secures 16 affordable rented dwellings and 16 intermediate tenure dwellings to be transferred to a Registered Provider. The housing will be secured as affordable in perpetuity. The Inspector rejected an alternative obligation to deliver 25% First Homes stating that the proposed tenure mix is justified by local need and accords with policies.
- Financial Contributions:
- Education contribution: £73,608
- Primary Health Care contribution: £24,384
- Library contribution: £6,071
- Biodiversity Net Gain: A Landscape and Ecology Management Plan (LEMP) and Biodiversity Net Gain (BNG) Assessment was agreed. 72.83% BNG will be provided on an adjacent site.
- Monitoring Fee: £3,000 towards the Council’s costs for monitoring compliance with the S106. The Inspector considered these obligations necessary and proportionate and that they met the statutory tests.
6. Planning Conditions
The permission is subject to a number of conditions, including:
- Commencement: The development must begin within three years.
- Adherence to Plans: The development must be carried out in accordance with approved plans.
- Pre-commencement Conditions: These included assessments relating to contaminated land, a construction method statement, a construction environmental management plan, public rights of way, finished levels, and surface water drainage.
- Detailed Approvals: The local authority must approve details of external materials, meter housings, fire hydrants, cycle parking, surface water drainage, landscaping, boundary treatments, and external lighting.
- Restriction of Permitted Development: Restrictions on further development permitted under the Town and Country Planning (General Permitted Development) (England) Order 2015 to maintain the character of the development.
7. Weight Given to Other Documents
- Draft National Planning Policy Framework: Given limited weight due to its draft status.
- Draft Local Plan: Given limited weight due to its current stage of development and lack of clarity regarding consistency with the Framework.
- Previous Appeal Decisions: Given limited weight due to differences in the policy context and updated local housing need evidence.
8. Conclusion
The Inspector allowed the appeal, finding the proposal accords with the development plan when read as a whole and that material considerations, including the National Planning Policy Framework, support this decision. The development was deemed acceptable in terms of its location and impact on the character and appearance of the area due to the significant local need for affordable housing and the mitigation provided by the planning conditions and Section 106 agreement.
This briefing provides a comprehensive overview of the key elements in the appeal decision.
