How to build a Paragraph-84(e) home in the open countryside

An in-depth guide to Paragraph-84(e)

Are you thinking about building a Paragraph-84(e) home in the open countryside?

Arrange a 15 minute call back to talk about your planning ideas with Architect Garry Thomas.

If you are thinking about how to build a paragraph-84(e) home in the open countryside, or you are struggling to get through the planning system or appeal, we have set out below an in-depth guide. We focus on some of the most important questions we are often asked at Thomas Studio when working with clients who are interested in bringing about a Paragraph-84(e) home in the open countryside.

Is my site isolated in the open countryside?

Paragraph-84(e) proposals are often located in highly sensitive landscape areas that are isolated within the open countryside, including Green Belts, Areas of Outstanding Natural Beauty, the Heritage Coast or within Scheduled Ancient Monuments.

One of the key tests we undertake at Thomas Studio is to assess is the site sufficiently “isolated” in the open countryside. Isolation is a subjective term and can mean many things. In general terms sites should not be located within a built up area or adjacent to an existing settlement. Sites tend to be separated by existing fields and other landscape features.

That said some proposals are closely associated with existing settlements, particularly if these settlements are small, rural and spread out in nature.

The first step we undertake during the Needs and Options Review process is to assess your site’s isolation within the open countryside.

Is this a way of getting a house through the planning system?

Paragraph 80 sets a very high standard in architecture and landscape design. The process demands an extensive design approach of the highest quality.

The essence of Paragraph-84(e) is – it is a high bar for design. It should not be mediocre and if you have an idea of what your house will look like, before you start, then this wont work either. Paragraph-84(e) proposals are evolved from the process of designing and by reading the landscape setting and its characteristics. Whilst it is possible to influence the design standards, such as the number of bedrooms, type of materials and the functionality, the resultant design is often not what you expected at all.

As the policy sits outside local planning policy it can be seen as a way of getting a house in the open countryside through the local planning system, but this is not the case. We find at Thomas Studio local authorities have an in-house expert they can call on to guide paragraph-84(e) schemes through their planning system, and this process tends to be longer then the time taken for normal planning applications. It can involve several pre-applications before a full planning submission can be submitted.

The aim should be to work with the local planning department and bring the respective officers on board during the design process. However, whether planning officers are willing to engage in the process is a whole different matter.

As a result, Thomas Studio has developed a sensitive iterative design approach that seeks to work with local authority planning officers. We undergo an iterative phased process from the start that manages your total fee budget so you progress only with a ‘green-light’ to proceed, preventing you wasting money on abortive fees. Post planning stages the process is more normal and involves technical design, tendering and management of the construction.

What is the difference between paragraph 55, 79, 80 and 84(e) of the National Planning Policy Framework (NPPF)?

The term ‘Paragraph-84(e) was formerly known as ‘Para-55, 79 & Para-80’ and prior to the NPPF it was originally ‘PPS 7’ or ‘Gummer’s Law’ first established in 1997. The policy has evolved overtime from its initial aims to continue England’s landscape traditions of the country estate containing a striking mansion set within a manicured landscape setting. This tradition has been modernised through the NPPF as it now seeks to enable the erection of new isolated dwellings in the open countryside, provided they are “outstanding” design. Outstanding is of course hugely subjective but it tends to be more about a rigorous design process and considers design criteria not just within the limits of the site. (Craft your dream sanctuary with Paragraph 80)

How much does it cost to build a paragraph-84(e) house?

Whilst proposals don’t have to be expensive to build, the reality is projects require a large budget. The reasons for this large budget are sites that are appropriate for paragraph-84(e) development are expensive to purchase and to manage, and the process to bring about a paragraph-84(e) proposal is time consuming, involving plenty of expert consultants on board helping to inform the design process. (Source)

As such the planning and design process is expensive to resource, in time and in cost. As guide build rates for construction are around £2500 to £3000 per square metre of floor area and all consultant fees for the project tend to be around 20% of the construction value. A budget also needs to be allocated for landscape works.

A cost advantage is: new build housing is currently zero rated for VAT. Although this doesn’t apply on professional fees that are usually subject to VAT.

Are Grand Designs houses the same as Paragraph-84(e) houses?

Generally no, although some Grand Designs projects have been progressed under the Paragraph-84(e) process. Grand Designs tend to film projects that are self-builds where the owner has engaged an architect to prepare a bespoke design to meet their own design brief within their site. (Example Grand Design Project by Architect Garry Thomas)

Paragraph-84(e) projects tend to evolve a design brief with input from the client and the consultant team. Often the resultant design emerges from this input and from the design process, understanding the wider landscape setting. It is normal for the site to be selected based on a process of selection, and for the house design to evolve from an iterative process which includes input from an external design review panel. More on that (Grand Designs)

Why was innovation removed from paragraph-84(e) policy?

In July 2021 the criterion for “innovation” forming part of paragraph-84(e) development was dropped from the policy. The reason for this is government were concerned the wording of the policy created an either / or scenario, where proposals could either be “innovative”, or be “outstanding”, and not both. This meant some schemes had innovative systems incorporated within them, but they were not outstanding in their appearance, or their approach to the site. Whilst innovation is not a qualifying criteria anymore, it can form part of the outstanding design process and should still be included, to reflect on a proper understanding of the evolution of paragraph-84(e) policy.

Why can’t I find out whether my local authority supports paragraph-80 development?

As Paragraph-84(e) policy is national policy it is set by central government and not your local council. However, the NPPF doesn’t apply in Wales, or Scotland, so effectively it is only an English planning policy. Also local authorities in England tend to distort the workings of national planning policy, as they make attempts to bring the policy into their own local plan. This does mean you will find similar statements to Paragraph-84(e) written into your council’s local plan with some added policy wording to assist local authorities to work with paragraph-80 proposals in their local area.

What is a design review panel and can I just employ them to design my paragraph-84(e) house?

Whilst national paragraph-84(e) policy does not require a design review panel to form part of the process, local authorities rely on third party design review panels to peer-review their projects. This means that your scheme needs to be progressed to a sufficient stage where your local authority are happy for the scheme to be sent to a local design review panel to advise them on the design matters and to assess is it “outstanding”. (Source)

At Thomas Studio we have worked with several design review panels over the years. We find their input to be valuable, as it can focus on the essence of the design, and can see through the complexity. It also helps to focus the client, in terms of the outstanding design and to consider the essential issues. It is normal for proposals to be adapted following the design review meeting and before proposals can progress to a full planning submission.

Design review panel fees are in the order or £3500 + vat for onsite meetings and £2800 + vat for desk based zoom meetings.

How long does the process take to complete?

At Thomas Studio we work as quickly as the process will allow. The process tends to involve several pre-application submissions and a design review panel meeting before a full planning application can be submitted.

Also consultants will need time to survey the land to include matters such as trees, ecology and animal habitat. This tends to be seasonal and time needs to be allowed for this seasonal process.

When added together the time taken to complete the process can be 1.5 to 2 years to clear the planning process.

What consultants do I need to design a paragraph-84(e) house?

The minimum requirement tends to be the appointed architect acting as the lead consultant on a full service appointment, a landscape consultant and an ecologist. If the site has many trees, or other constraints, such as access or bodies of water then other consultants such as an arborist, highways consultant or a drainage consultant may be needed. (How to write a brief for your architect)

How much land do I need for a paragraph-84(e) development?

This can vary as sites don’t need to be vast in area. What is more important is the ‘test of isolation’. Sites should be away from built-up areas and other buildings, and there should be some redeeming landscape features that can help to inform the design process. This can mean slope, view or other natural or historic features. Finding land is not an easy process and competition is fierce. The best method is consistent research using helpful land search sites. (Build-it-finding-plot)

Winning Planning Appeals for Open Countryside Homes

When initial planning applications are refused, the appeals process becomes critical. National statistics show that only just over a third of appeals succeed, making strategic preparation essential for countryside developments. And paragraph 84(e) appeals come with extra challenges given the tests of “isolation” and “outstanding” and how they relate to your scheme. (Source)

Understanding Your Chances

The appeals landscape for countryside homes has specific characteristics that differ from standard residential appeals. With around 30% of planning applications being refused, the appeals system is a pivotal aspect of the development landscape. (Source) It’s a safety net ensuring that planning decisions are fair, consistent, and aligned with overarching planning policies. There are less than 140 Paragraph 84(e) schemes in England so the stakes are high.

Five Key Strategies for Appeal Success

• 1. Thoroughly Analyse the Refusal Before appealing the Council’s decision, it is important to thoroughly understand the local planning authority’s decision and the reasons behind it. The starting point for this is the Decision Notice, which sets out why planning permission has been refused. Understanding how planning policy was interpreted in the original decision is crucial for building your counter-argument.
• 2. Research Precedent Cases Reviewing other appeal decisions which will help your case and highlighting other similar appeal decisions can be very helpful. For example, if your Local Planning Authority has refused your planning application as it is outside of a settlement boundary, but a Planning Inspector found these to be irrelevant in similar cases, then this can help your case.
• 3. Build a Compelling Statement of Case For most planning appeals, your Statement of Case is your only opportunity to sell the benefits of your proposal to the Planning Inspector. When submitting your planning appeal, it is important to present a compelling Statement of Case that clearly outlines your arguments and addresses the reasons for refusal. The statement should be well-structured, concise, and supported by appropriate evidence including case studies and technical studies.
• 4. Leverage Design Panel Endorsement A design with the endorsement of the Regional Design Panel has a good chance of being approved at planning committee or at appeal. For Paragraph 84(e) applications specifically, securing expert design validation significantly improves your prospects.
• 5. Present Objective Evidence for Subjective Issues As the main issues largely focused on design matters, which can be a subjective area of planning, be careful to present your findings in an objective manner. Use visual evidence, context maps, and comparative analysis to transform subjective planning concerns into objective assessments.
  
  

Specific Considerations for Countryside Appeals

Landscape Enhancement: Successful proposals have developed to almost always be led by a landscape design and strategy, which may include management plans, particularly for key landscape features such as areas of woodland. Demonstrate how your proposal enhances rather than detracts from the countryside setting.

Ecological Benefits: In some appeal cases, the planning inspectorate was satisfied with a proposal which brought some ecological benefits across the whole site and ‘significant enhancement’ to particular areas. Include biodiversity improvements and habitat creation in your appeal strategy.

Local Character Sensitivity: The question to grapple with is whether a development is physically isolated from a settlement, rather than isolated from other buildings. Show how your design responds sensitively to local vernacular and defining characteristics of the area.

Timeline and Professional Support

After a refusal of planning permission, you have six months to appeal. If your entreaty is a householder petition, the period is 12 weeks. At present, going through the appeals process is taking a long time, with householder entreaties in England currently taking about 15 weeks from start to decision.

Expert Team Assembly: The minimum requirement tends to be the appointed architect acting as the lead consultant on a full service appointment, a landscape consultant and an ecologist. Consider whether additional specialists like arborists, highways consultants, or drainage consultants are needed based on site constraints.

The Bottom Line

Success in countryside planning appeals requires meticulous preparation, expert professional support, and a deep understanding of both policy and precedent. (Source) Appeals are a terrific invention in cases when you win – but can be frustrating and unhelpful to your cause when you don’t. Don’t go down this route unless you have no other option and are confident that you have genuine planning arguments to counter the motivations behind the refusal.

The key is transforming the inherent challenges of countryside development – isolation, landscape sensitivity, and design excellence – into compelling arguments that demonstrate your proposal’s positive contribution to the rural environment are outstanding. With the right strategy, professional team, and evidence base, planning appeals can successfully unlock exceptional homes in England’s countryside.

For complex countryside developments, always engage experienced planning professionals who understand the nuances of Paragraph 84(e) policy and have a proven track record in rural planning appeals.

If you have a site and you would like to find out if a paragraph-84(e) proposal is possible and what is involved the next step would be to request a FREE call back with architect Garry Thomas by using the link below.

At Thomas Studio Architects we are experienced in the design of truly outstanding NPPF Paragraph 84(e) houses in the open countryside and would be happy to discuss your thoughts and proposal in confidence.