Appeal 3304207

The appeal is allowed and the planning permission Ref 21/0604/FUL for conversion and extension of existing properties to 3no. dwellings, together with construction of 3no. bungalows to rear at [site address] , [site address] [postcode] granted on 8 July 2022 by Wyre Forest District Council, is varied by deleting conditions 16.

An application for costs was made by [name] of Eleven Eleven Property Limited against Wyre Forest District Council. This application is the subject of a separate decision.

The above planning permission was granted subject to a condition requiring submission of a Sales Marketing Plan for the proposed bungalows. This requires that prior to their first disposal, the bungalows should be advertised for sale to persons who meet specified local connection requirements. The Council’s intention for this condition was to prioritise the bungalows for the needs of local residents or those with a family or work connection with the parish. The appellant objects to the condition as they consider it is not justified by any relevant planning policy.

Therefore the main issue is whether the condition is reasonable or necessary in the interests of ensuring the proposed bungalows meet local housing needs.

At the time of writing the Council’s officer report, the Wyre Forest District Local Plan 2016-2036 (Local Plan) had not yet been adopted, however its relevant policies were afforded substantial weight due to its advanced stage. The Local Plan was subsequently adopted in April 2022, shortly before planning permission was granted for the appeal scheme. It is not a matter in dispute between the main parties that the location of the proposed bungalows accords with the Local Plan, being within the settlement boundary.

In addition, the Council’s officer report makes reference to a need for two bedroom bungalows, with reference to the [name] dated 2015. Furthermore, both parties acknowledge that there is support for new bungalows within the Churchill and Blakedown Neighbourhood Plan 2016 to 2026, in order to meet the needs of mature residents seeking to downsize. Accordingly, the proposed bungalows would help deliver housing of a type that is needed in the locality.

The proposal is not submitted as self-build or custom housebuilding whereby the authority may opt to set a local connection test in their self-build and custom housebuilding register, were they have a strong justification for doing so. Furthermore, it is not submitted that there is exceptional demand for bungalows within the parish that might form part of a justification for the restricting their first disposal as specified in the condition. In addition, no specific policy basis for the local connection condition has been provided, aside from the general requirement for such proposals to be of a type that would provide for local housing needs. Accordingly, and in the absence of robust evidence to the contrary, a condition to limit the benefits of this planning permission to individuals with a local connection is not justified.

[name] find that condition 16 is not reasonable or necessary in the interests of meeting local housing needs. The development without the disputed condition would comply with [name].6 and SP.11 of the Local Plan. Amongst other matters, these seek to ensure that proposals meet local housing needs.

For the reasons given above, I conclude that the appeal should be allowed and I vary the planning permission by deleting the disputed condition.