- Decision
- dismissed, 7 September 2026
- Decided by
- Planning Inspector: K Townend
- Authority
- Lichfield (West Midlands)
- Appeal reference
- 6009942
- Application reference
- 26/00234/FUL
- Procedure
- written representations
- Development
- Demolition of bungalow and erection of a 4-bed self-build dwelling
- Homes
- 1
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- TCPA Sch 7A (BNG)
- Development plan policies
- Lichfield Local Plan Strategy 2008-2029 BE1, NR3, ST1, ST2
- Main issues
- character and appearance; biodiversity net gain
Summary
A replacement self-build house in Little Aston was acceptable on character and design. The appeal was still dismissed because no legal agreement secured self-build status, so the exemption from statutory biodiversity net gain was not established and a net loss would result (DL ¶13-15).
What made the difference
The missing planning obligation. "Without a completed legal agreement I cannot be certain that the appeal proposal would be exempt from BNG" (DL ¶15). The new Framework was not engaged: "the wording of the details most pertinent to this appeal are unchanged" (DL ¶2).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DP3 | pass | scale and design consistent with other large dwellings on Newick Avenue; boundary planting retained; BE1 met (DL 9-12) | |
| N2 | fail | no legal agreement securing self-build status, so BNG exemption not established; statutory 10% BNG and NR3 conflict (DL 13-15) |
Key facts
- Inspector did not re-consult; the revised Framework is "significantly different" but the pertinent wording was unchanged (DL 2)
- Appellant offered but did not supply a legal agreement to secure self-build status (DL 14)
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.