Solihull Local Plan (Draft Submission) 2020

In order to make Policy P17 sound, paragraph 3(i) should be deleted in its entirety to remove the list of villages where limited infilling is allowed.
Paragraph 423 should also be deleted from the plan.

Policy P17(3i) identifies four villages where limited in-filling or redevelopment may take place without constituting inappropriate development (Chadwick End,
Cheswick Green, Millison’s Wood and Tidbury Green). Para 423 further states that “in the other Green Belt villages and hamlets in the Borough, new building, other
than that required for agriculture and forestry, outdoor sport, outdoor recreation and cemeteries, or for extensions and alterations will be considered to be
inappropriate development”.
This approach is similar to the adopted Local Plan Policy P17 and supporting text at Para 11.6.8 which also included a list of villages where limited in-filling would
be appropriate.
We consider this policy to be unsound as there is now clear case law, and a number of recent appeal decisions in the Borough, which have determined that this approach is not justified or consistent with National Policy.
There is nothing in National Policy that suggests limited infilling should only apply to certain villages, and not others. Proposals for limited infilling are considered on
a case-by-case basis as a matter of fact under the limitations of the Framework guidance.
This is the conclusion reached in a number of appeal decisions in the Borough, for example proposals for limited infilling at Grove Lane, Knowle (Ref. APP/Q4625/W/17/3188046 and No.20 Lady Byron Lane, Knowle (Ref. APP/Q4625/W/17/3191758). Both of these sites were not located in one of the defined ‘infill villages’ (as defined by Policy P17 of the adopted Local Plan) but
formed a small gap in a ribbon of development which extended out from one of the larger village settlements not listed in the policy. Both appeals were allowed on the basis that the proposed development would constitute limited infilling within a settlement. A recent planning permission on Kenilworth Road in Knowle has also been granted on this basis (Ref: PL/2019/02974/PPFL)
As has been concluded again and again, it would seem perverse to allow infilling in some villages (such as Chadwick End, Cheswick Green, Millison’s Wood and Tidbury Green), but restrict such development in others.
The above decisions are supported by the Court of Appeal judgement in the case of Julian Wood v SoS and Gravesham Borough Council [2015] is also important in this respect. This judgement advised that whilst a village boundary as defined in a Local Plan is a relevant consideration, the defined village boundary is not necessarily determinative, particularly where it does not accord with the real extent of a village on the ground.
In line with established case law and appeal decisions, Policy P17 needs to be amended to align with national policy and remove its restrictive stance on relating to certain villages only.

In order to make Policy P17 sound, paragraph 3(i) should be deleted in its entirety to remove the list of villages where limited infilling is allowed.
Paragraph 423 should also be deleted from the plan.