Unlocking Special Homes in the Countryside: Johnson Design Partnership’s approach to successful Paragraph 84 and 139 Houses

Approved Paragraph 79 now 84 Design for Shropshire Dream Home

Understanding the Shift in Rural Planning Context:

Johnson Design Partnership achieved what was probably the first planning consent in Shropshire for a Paragraph 79 House for the first time without going to appeal.

For many years, rural planning in the UK has largely relied on iterations of Paragraphs 79 – 84 which permit isolated homes in the countryside under stringent conditions. However, changes in planning case law, especially regarding the definition of “isolation,” have made it increasingly difficult to meet these criteria. This has led to many rural proposals falling into a “no man’s land” where they neither fit the stringent requirements of Paragraph 84 nor align with local planning policies.

The Emergence of Paragraph 139

Paragraph 139 of the National Planning Policy Framework (NPPF) offers an alternative route for rural development proposals, especially in areas where the concept of “isolation” is contentious. Unlike Paragraph 84, Paragraph 139 does not require a site to be isolated, focusing instead on high design standards, sustainability, and alignment with local design policies. This paragraph provides an opportunity for rural developments that might not meet the isolation test but can still be justified through their design quality and sustainability credentials.

Example of one of our Bespoke Shropshire Eco Home Designs

Our Strategic Approach to Paragraph 139 projects:

  1. Early Site Assessment and Policy Clarification
    • Rural Policy Site Assessment Tool: Use a tailored site assessment tool to determine whether a proposal aligns better with Paragraph 84 or Paragraph 139.
    • Engage with Local Authorities Early: Collaborate with local planning authorities early in the design process to clarify whether they consider a site isolated. This will help determine the most appropriate planning route, reducing the risk of rejection.
  2. Design Innovation and Sustainability
    • Focus on Sustainable Design: Leverage Paragraph 139’s emphasis on sustainability. Johnson Design Partnership can prioritize the use of sustainable materials, innovative construction techniques, and designs that promote high levels of energy efficiency and biodiversity.
    • Contextual Design Sensitivity: Ensure that all designs under Paragraph 139 respect the local character, fitting harmoniously within their surroundings. This includes responding to both the built and natural environments and ensuring that the design aligns with local and national design codes.
  3. Balancing Design with Policy Compliance
    • Reflect Local Design Policies: Align proposals with local design policies and supplementary planning documents, utilizing visual tools like design guides and codes to reinforce the design’s compliance.
    • Promote Outstanding or Innovative Design: Where possible, ensure that designs are not only innovative but also demonstrate exceptional quality that can set new standards in rural development. This could include pioneering approaches to zero-carbon buildings or integrating advanced technologies that enhance sustainability.
  4. Navigating the Planning Process
    • Comprehensive Planning Arguments: Build robust planning arguments that cover both aspects of Paragraph 139 (a) and (b) whenever possible. This dual approach increases the chances of a successful outcome by demonstrating both compliance with local policies and the delivery of outstanding or innovative design.
    • Stay Informed and Adaptable: Regularly update knowledge on evolving case law and planning precedents related to Paragraph 139. This will ensure that Johnson Design Partnership remains at the forefront of rural planning, adapting strategies to reflect the latest interpretations and trends.

Conclusion Paragraph 139 presents a valuable opportunity for potential clients to realise rural development projects that may struggle under the constraints of Paragraph 84. By focusing on sustainable, innovative, and contextually sensitive design, and by engaging early and collaboratively with planning authorities, Johnson Design Partnership can navigate the complexities of rural planning and unlock the potential of this emerging policy. This approach not only broadens the scope for rural developments but also potentially enables clients to create high-quality, sustainable rural architecture.

Next steps If you are considering a development in the countryside why not call or email Johnson Design Partnership today? We have a track record of success and may be able to help you realise your dream!

Example of a replacement dwelling in open countryside by Johnson Design Partnership Ltd. 

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