Land adjacent Hillside, Brick Kiln Road, Raunds: appeal APP/M2840/W/25/3366989 allowed

Decision: allowed, 22 September 2026
Decided by: Planning Inspector: M Chalk
Authority: North Northamptonshire (East Midlands)
Appeal reference: APP/M2840/W/25/3366989
Application reference: NE/23/01242/OUT
Procedure: hearing
Development: Outline for up to 86 dwellings (27 affordable), access and landscaping
Homes: 86
Site context: settlement edge, open countryside
Green Belt: No
Housing land supply: 4.6 years
Framework applied: August 2026 NPPF
Determinative policies: N6, DM6
Development plan policies: North Northamptonshire Joint Core Strategy Policy 4, Raunds Neighbourhood Plan R16, R19, Upper Nene Valley Gravel Pits SPA SPD
Main issues: effect on Special Protection Area / functionally linked land

Summary

Outline for up to 86 homes (27 affordable) on paddocks at the edge of Raunds, within the zone of influence of the Upper Nene Valley Gravel Pits SPA. Allowed after a hearing held in April 2026, decided 22 Sep 2026. The council conceded location, character, parking and amenity reasons; the only live issue was whether the site was functionally linked land for wintering birds. One season's survey showed it was not, and recreational disturbance was mitigated by an SPD tariff.

Issues and findings

Transition — decided without consultation. "The National Planning Policy Framework was updated on 17 August. The update does not substantially alter the objective of conserving and enhancing the natural environment as it applies to protected sites and species. The parties' views were therefore not sought on the update" (DL ¶5).
Functionally linked land — N6 / Habitats Regs: PASS. Natural England wanted two winters of surveys, but "shorter survey periods can be justified in low-risk situations" (DL ¶8). "The results of the survey were not challenged by competing technical evidence … I am satisfied that this is a low-risk situation. The evidence from one winter's survey is sufficient" (DL ¶11). Threeways (APP/X1545/W/25/3369961) and Wood Lodge (APP/M2840/W/24/3354297) distinguished because there the survey evidence showed suitable habitat or use (DL ¶12).
Recreational disturbance: mitigated. £412.43 per dwelling under the SPD; "the development would not therefore have an adverse effect on the integrity of the SPA" (DL ¶15).
Housing supply. "the parties agreed during the Hearing that the council can only demonstrate a 4.6 year supply … In such circumstances windfall sites such as this contribute to making up the shortfall" (DL ¶19).

Planning balance

Plan-led: "The appeal proposal accords with the development plan. There are no material considerations to indicate that a decision should be taken otherwise" (DL ¶29). No S3–S5 analysis — the council had withdrawn its rural-location objection.

What made the difference

The council's case collapsed at the hearing: it conceded everything except the SPA point, and its own ecologist had advised in December 2024 that the land was not functionally linked. Uncontested survey evidence (grazed paddocks, foxes present, no target species recorded) let the inspector accept one winter's data despite Natural England's two-winter preference.

Transferable points

The 2026 Framework was treated as not changing the approach to protected sites, so parties were not consulted (DL ¶5) — an example of the "no material change" transitional route.
One winter's bird survey can suffice for functionally-linked-land questions where the site is low-risk and the evidence is unchallenged (DL ¶¶8–11).
A council withholding its own consultee's favourable advice is "plainly unreasonable" and supports costs (Costs DL ¶23).
Reasons such as parking and neighbour amenity that could be handled at reserved matters should not be reasons for refusing outline permission (Costs DL ¶25).

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

Policy	Finding	Note
N6	pass	site not functionally linked land to Upper Nene Valley Gravel Pits SPA; one winter's bird survey sufficient in a "low-risk situation" despite Natural England seeking two (DL 8-11); recreational disturbance mitigated by £412.43/dwelling s106 contribution (DL 14-15)
HO7	benefit	agreed 4.6-yr supply; "windfall sites such as this contribute to making up the shortfall" — no weight stated (DL 19)
TR6	pass	wide access with good visibility; no highway objection (DL 18)
development plan	accord	council conceded rural location, character, parking and living-conditions reasons at the hearing (DL 4, 29)

Key facts

One of four linked appeals on adjoining sites (A outline 86 homes; B/C reserved matters 21 homes 3364729/3364730; D employment extension 3366988), all allowed 22 Sep 2026
Hearing opened 14 April 2026 (postponed from Oct 2025 for wintering-bird surveys); decision issued after the 2026 Framework was published, without seeking parties' views
Agreed supply 4.6 years
Council's own ecology consultee had advised in Dec 2024 the site was not functionally linked land but this was not disclosed until the week before the hearing
Partial costs awarded against the council (Appeals A and D; B/C for deed-of-variation handling)

Related decisions

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.