# 18 Newick Avenue, Little Aston (replacement self-build dwelling)

- **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
- **Tags:** bng, self-build, transitional-no-consultation, replacement-dwelling, tier-2

## 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
- **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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009942
- https://appeal-planning-decision.service.gov.uk/published-document/9c53a9c6-8d99-45e5-8390-4bdbccaf1d75

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009942.html

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