# 144 Browns Lane, Stanton on the Wolds (replacement dwelling, Green Belt) - **Decision:** allowed, 2 October 2026 - **Decided by:** Planning Inspector: Graham Wraight - **Authority:** Rushcliffe (East Midlands) - **Appeal reference:** 6010392 - **Application reference:** 25/01184/FUL - **Procedure:** written-representations - **Development:** Replacement dwelling, carport and garage following demolition of the existing bungalow and garage - **Homes:** 1 - **Site context:** green-belt, PDL - **Green Belt:** yes (grey belt not-argued) - **Framework applied:** August 2026 NPPF - **Determinative policies:** GB7(1)(e), DP3, S5(1)(d) - **Development plan policies:** Rushcliffe Local Plan Part 1 2014 Policy 10, Rushcliffe Local Plan Part 2 2019 Policy 1(4), Rushcliffe Design Code SPD 2025 C6.6 - **Main issues:** character and appearance - **Tags:** not-inappropriate, pdl-e-limb, self-build, bng-self-build-exemption, obligation-by-condition, design-code-spd, protected-species, transitional-no-consultation ## Summary A larger replacement house on a wide Green Belt plot in a linear street at Stanton on the Wolds. The parties agreed it was not inappropriate under GB7(1)(e). The only issue was character: the scheme exceeded the volume limit in the Council's Design Code Supplementary Planning Document (SPD), but the inspector found no harm and declined to apply the limit rigidly. Allowed. The self-build status, needed for the biodiversity net gain exemption, was secured by a negatively worded condition requiring a planning obligation. ## Issues and findings - **Transition.** "I am satisfied that the parts of the Framework most relevant to this appeal have not substantively changed from the previous iteration and therefore I have not sought comments from the main parties" (DL ¶2). - **Green Belt, GB7(1)(e): PASS (agreed).** "The main parties agree that, with reference to what is now Policy GB7.1.e of the Framework (previously paragraph 154g)), the proposed development is not inappropriate development in the Green Belt" (DL ¶3). - **Design standard not applied rigidly.** "The SPD sets out the expectations for new development, but there will be occasions where the application of its policies may not be necessary or beneficial to a given development proposal" (DL ¶6). "I do not consider it appropriate or necessary in this instance to impose such rigid restrictions on the proposed development as those contained within the SPD" (DL ¶7). - **Character: NO HARM.** "the size and height of the proposed dwelling would fail to meet the stipulations of Policy C6.6 of the SPD. However, in this instance, this would not result in harm to the character and appearance of the area" (DL ¶9). - **S3, S4 and S5.** "The main parties agree that the appeal proposal represents the redevelopment of previously developed land. It therefore benefits from part 1.d of Policy S5" (DL ¶13). "The proposal therefore would accord with whichever Framework policy were to be applied" (DL ¶14). - **Self-build and biodiversity net gain.** "This is to my mind an exceptional circumstance, because the securing of self-build means that the proposed development is exempted from statutory Biodiversity Net Gain (BNG)" (DL ¶21). "The imposition of a negatively-worded condition requiring the submission of a planning obligation (14) secures this benefit, in the exceptional circumstances that I have set out" (DL ¶22). ## Planning balance No harm was found, so there was nothing to weigh. The letter applies S5(1)(d) to a Green Belt site and leaves open whether S4 or S5 applies; it does not mention S5(5), which sends Green Belt proposals to GB6 to GB8. Because GB7(1)(e) was agreed and no adverse effect was found, the route makes no difference to the result. ## What made the difference The plot and the street. A double-width plot, a deep set-back and a varied street of large dwellings meant the extra volume caused no harm, so the numerical limit in the SPD had no work to do. ## Transferable points - A design code SPD limit (50% volume for replacement dwellings) is an expectation, not a rule: breach without harm is not a design conflict (DL ¶6–9). - A missing self-build obligation was cured by a negatively worded condition requiring a planning obligation before commencement, as an "exceptional circumstance" tied to the removal of the self-build exemption on 6 August 2026 (DL ¶20–22). Most appeals treat a missing obligation as fatal. - The inspector doubted that self-build can be secured by an ordinary condition because of the difficulty of enforcing occupation by the builder (DL ¶19). - A council that suggests conditions must give reasons; under DM6, conditions with no stated basis, and removal of permitted development rights without clear justification, are not imposed (DL ¶15, ¶23). - GB7(1)(e) for a replacement dwelling was accepted on the parties' agreement with no openness finding (DL ¶3). ## Policy findings - **GB7(1)(e): pass.** parties agree the scheme is not inappropriate under "what is now Policy GB7.1.e of the Framework (previously paragraph 154g))"; inspector finds no reason to disagree; no openness assessment set out (DL 3) - **DP3: accord.** fails the Design Code SPD limit (replacement not more than 50% above the volume of the original, height not significantly greater) but causes no character harm on a double-width plot in a varied linear street; no conflict with the Framework's aim of well-designed places (DL 5-9) - **S5(1)(d): pass.** parties agree the scheme is redevelopment of previously developed land, so it "benefits from part 1.d of Policy S5"; S5(5) not mentioned although the site is in the Green Belt; no adverse effects, so it accords "with whichever Framework policy were to be applied" (S4 or S5) (DL 13-14) - **BNG (Sch 7A TCPA): pass.** self-build exemption relied on; no obligation before the inspector, so a negatively worded condition requires a planning obligation before commencement, justified as an exceptional circumstance (DL 19-22, condition 14) - **DM6: pass.** Council gave no reasons for its suggested conditions; conditions without a policy basis not imposed; no removal of permitted development rights without clear justification (DL 15, 23) - **HO7: benefit.** self-build delivery is a benefit that aligns with the Framework's aim to meet the needs of people wishing to commission or build their own homes; not determinative (DL 22) ## Key facts - Design Code SPD Policy C6.6 - replacement dwellings in the open countryside must not exceed the original building's volume by more than 50%; the scheme does not meet it (DL 5, 9) - Plot is in effect a double plot; Browns Lane is substantial linear development with very varied dwellings (DL 6-7) - Self-build exemption from biodiversity net gain was removed for applications made after 6 August 2026, and the site exceeds the 0.2 ha exemption now in place; a refusal and reapplication would lose any incentive to secure self-build (DL 21) - Without the exemption the appellant had not met the minimum biodiversity gain information requirements, "and this alone would strongly support the dismissal of the appeal" (DL 21) - Low-status bat roost; eligible for Natural England's Bat Mitigation Class Licence; Morge v Hampshire applied (DL 10-12) - Parties not consulted on the August 2026 Framework (DL 2) ## Sources - https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6010392 - https://appeal-planning-decision.service.gov.uk/published-document/c771b95e-0452-4230-a203-5d224b65abda --- Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6010392.html A summary of a public planning decision, written from the decision letter. 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