DevAssist: Planning Appeal Approved for 50-Home Scheme on Farmland Near Roxton

Rainier Developments, alongside Betty, Nigel, and Justin Russell, submitted outline proposals in November 2022 to construct up to 50 residential units on a 4.5-hectare agricultural site just north of Roxton village in Bedfordshire.

The application, presented to Bedford Borough Council, was later rejected.

Following the refusal, the applicants challenged the decision through the Planning Inspectorate. Inspector J Bowyer was appointed to determine the outcome and issued a decision letter after evaluating both the merits of the proposal and the borough’s ability to meet housing targets.

A key issue in the appeal was the local authority’s shortfall in its deliverable housing land supply. Both parties acknowledged the deficit. The appellants estimated the council could demonstrate only 2.61 years of housing land supply, while the council’s figure stood at approximately 3.36 years, well below the five-year requirement set out in national policy.

Bowyer concurred that the lack of housing provision was “serious and significant.” It was also noted during the appeal hearing that the council relied heavily on its emerging Local Plan 2040 to resolve the issue, but this document faced uncertainty and was expected to either be withdrawn or deemed unsound. As a result, the inspector concluded that there was little hope of a swift resolution through plan-led means.

Given this context, the inspector found that the ongoing housing needs of the area were unlikely to be addressed in the near future, diminishing the relevance of the draft local plan in decision-making. The shortage triggered the “tilted balance” under the National Planning Policy Framework (NPPF), which favours sustainable development when housing policies are outdated or inadequate.

Despite concerns about the loss of high-quality agricultural land and some heritage impacts, Bowyer determined that the advantages of the scheme, including delivery of both market and affordable homes, three self-build plots, and a sizable public open space, outweighed these negative aspects.

In light of the pressing housing need and overall public benefit, the inspector allowed the appeal, granting outline planning permission for the development.

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