In February 1997, paragraph 3.21 of the Planning Policy Guidance Note 7 (PPG) came into force, allowing for new isolated homes in the countryside providing they were of ‘truly outstanding’ design. The policy became known as Gummers Law after its author, the former Conservative environment secretary John Gummer, now Lord Deben.

The policy stipulated that a new isolated house in the countryside would ‘exceptionally be justified’ if it was clearly;

• Of the highest quality,

• Truly outstanding in terms of its architecture and landscape design, and

• Would significantly enhance its immediate setting and wider surroundings.

The full policy text was;

New house building and other new development in the open countryside, away from established settlements or from areas allocated for development in development plans, should be strictly controlled. The fact that a single house on a particular site would be unobtrusive is not be itself a good argument; it could be repeated too often. Isolated new houses in the countryside require special justification - for example, where they are essential to enable farm or forestry workers to live at or near their place of work. Advice on special considerations which may arise in relation to agricultural and forestry dwellings is given in Annex I. An isolated new house in the countryside may also exceptionally be justified if it is clearly of the highest quality, is truly outstanding in terms of its architecture and landscape design, and would significantly enhance its immediate setting and wider surroundings. Proposals for such development would need to demonstrate that proper account had been taken of the defining characteristics of the local area, including local or regional building traditions and materials. This means that each generation would have the opportunity to add to the tradition of the Country House which has done so much to enhance the English countryside. Sensitive infilling of small gaps within small groups of houses or minor extensions to groups may also be acceptable though much would depend on the character of the surroundings and the number of such groups in the area.

Lord Deben says his rationale was to provide some flexibility in planning policy to reflect the importance of the ‘great’ country house, which he describes as ‘one of the great contributions of Britain to art and architecture’. It was a tradition he wanted to continue with the policy, explicitly stating within the document that ‘each generation would have the opportunity to add to the tradition of the country house’.

Labour came to power just three months after PPG7 was published and was consequently put under review. The result, Planning Policy Statement 7 (PPS7) was born and although the first draft omitted the ‘Gummers Law’ clause, a sustained campaign by inter alia, the Royal Institute of British Architects (RIBA) got the clause reinstated in principle.

The final version was published in 2004 with paragraphs 10 and 11 of the statement being the most pertinent to countryside dwellings. They read;

Paragraph 10: Isolated new houses in the countryside will require special justification for planning permission to be granted. Where the special justification for an isolated new house relates to the essential need for a worker to live permanently at or near their place of work in the countryside, planning authorities should follow the advice in Annex A.

Paragraph 11: Very occasionally the exceptional quality and innovative nature of the design of a proposed, isolated new house may provide this special justification for granting planning permission. Such a design should be truly outstanding and ground-breaking, for example, in its use of materials, methods of construction or its contribution to protecting and enhancing the environment, so helping to raise standards of design more generally in rural areas. The value of such a building will be found in its reflection of the highest standards in contemporary architecture, the significant enhancement of its immediate setting and its sensitivity to the defining characteristics of the local area.

Everything changed radically in 2012 with the publication of the National Planning Policy Framework which sought to reduce over 1000 pages of planning guidance into a succinct 50-page document.

Paragraph 55 became the key policy governing sustainable development in rural areas. It noted that Local Planning Authorities should avoid new isolated homes in the countryside unless special circumstances were met. One such special circumstance came from bullet point four of the policy which stated; ‘the exceptional quality or innovative nature of the design of the dwelling. Such a design should:

• Be truly outstanding or innovative, helping to raise standards of design more generally in rural areas;

• Reflect the highest standards in architecture

• Significantly enhance its immediate setting, and;

• Be sensitive to the defining characteristics of the local area’.

The NPPF went through its first revision in 2018 and implemented around 85 reforms announced previously though a Housing White Paper, titled ‘fixing our broken housing market’ as well as the ‘planning for the right homes in the right places consultation’.

Due to the changes, the salient policy paragraph relating to the provision of isolated countryside homes fell under paragraph 79. Along with the change in paragraph number, the policy additionally accommodated;

• Development which involves the subdivision of an existing residential dwelling.

The all important fourth bullet point of paragraph 55 become sub-section E of paragraph 79 and included all of the same tests which design must meet in order for it to be considered ‘exceptional quality’ and consequently form one of the circumstances allowed under this policy. The precise wording of sub-section E is;

The design is of exception quality, in that it:

• Is truly outstanding or innovative, reflecting the highest standards in architecture, and would help to raise standards of design more generally in rural areas; and

• Would significantly enhance its immediate setting, and be sensitive to the defining characteristics of the local area.

Resulting from the ‘Planning for the Future’ White Paper issued by the Government for public consultation on the 6th of August 2020, the NPPF underwent another round of wholesale change in July 2021.

Seeking to clarify a matter which has frustrated many developments seeking support from the ‘or innovative’ aspect of the former Paragraph 79, the July 2021change has simply deleted it altogether. Under a new paragraph number, Paragraph 80 now requires design to be of exceptional quality, in that it is truly outstanding. There is no longer an explicit option of being ‘innovative’ under the countryside exception Policy of NPPF Paragraph 80.

This is a welcomed change which will hopefully focus the narrative underpinning development proposals seeking to align with Paragraph 80.

Interestingly however, Paragraph 134(b) still allows for ‘significant’ weight to be given to ‘innovative designs’.

Development must be isolated and within the countryside to engage NPPF paragraph 79.

The subject of isolation for the purposes of paragraph 55 (paragraph 79 today) was considered within the case of Braintree Borough Council v SSCLG.  Lord Justice McCombe and Lord Justice Lindblom of the Court of Appeal heard the case on the 14th March 2018 - [2018] EWCA Civ 610 and judgement was handed down on the 28th March 2018.  The judgement of the High Court rejecting the LPA’s challenge to an inspector’s appeal decision was upheld, although the Court of Appeal’s reasons differed slightly from those given by Mrs Justice Lang of the High Court at the first instance – [2017] EWHC 2743 (Admin).  The case turned on the interpretation of ministerial guidance in paragraph 55 of the NPPF (now known as paragraph 79), which advised that ‘Local Planning Authorities should avoid new isolated homes in the countryside’ unless there are special circumstances (of which examples are cited in that paragraph).  The point for the court was therefore a short one, in relation to the use of the word ‘isolated’ in this context.

For more information, please get in contact with us so we can talk you through available options.

Before embarking with a project that seeks support for a countryside dwellinghouse under NPPF paragraph 80(e), we recommend that a comprehensive site planning appraisal is undertaken. This is a detailed analysis of the site, in planning terms which delivers a number of benefits for both the client and all other consultants potentially working on the project.