Right to Build Appeal Decisions

While the general thought behind the Right to Build legislation was that local authorities would make plots available to self builders, in areas where local authorities have failed to meet demand and bring forward plots itself, self builders and custom build developers have started bringing forward their own plots and asking why these developments should not be permitted on account of the Right to Build. A number of planning applications submitted on this basis were rejected by local authorities but have subsequently approved by the planning inspectorate. These planning appeals have demonstrated that there is now a second route to claiming one’s right to build. This does not mean that all planning appeals submitted on this basis will be successful, but the body of evidence now available from these planning appeals has established that planning inspectors do consider the Right to Build as “a material consideration of substantial weight” in considering planning applications and appeals.  We have compiled a list of successful appeals based on the Right to Build which are available to download below.

Here is what you get:

  • An excel spreadsheet with a list of successful planning appeal based on the Right to Build

  • A summary of the main issues relevant to each case including the weight given to various planning matters

  • Links to the Appeals Casework Portal where you can download a copy of the appeal decisions

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