Paragraph 139: The flexible route to a one-off countryside home
We help landowners and homeowners extend their homes, build eco-homes, and create unique homestays that gain planning permission, perform well, and pay them back. RIBA Chartered Architects.
Introduction
Paragraph 84 has been the go-to policy for people looking to build in the countryside. It is also notorious for being difficult to get over the line. Paragraph 139, on the other hand, works for the sites Paragraph 84 was never written for.
In this article, I will give you my view of Paragraph 139, and show how it might just be your route forward for gaining planning approval for your one-off home.
What does Paragraph 139 state?
Paragraph 139 sits in the design chapter of the NPPF (December 2024). It has been around since 2018, first as Paragraph 131, then Paragraph 134; the 2023 update renumbered it to 139 and raised the weight given to outstanding design to “significant”. The policy does two things:
Development that is not well designed should be refused, especially where it fails to reflect local design policies and government guidance on design, including local design guides and codes.
Significant weight should be given to development which reflects local design policies and guidance, and to outstanding or innovative designs which promote high levels of sustainability or help raise the standard of design in an area, so long as they fit in with the overall form and layout of their surroundings.
One thing to be clear on: Paragraph 139 is a design policy, not an exception policy. It does not grant permission on its own, and your application will still be tested against local plan policies. It adds significant weight to your side of the planning balance. On the right site, that weight is the difference between refusal and approval.
A clearer pathway for one-off home developments
If you know anything about Paragraph 84 by now, you will see the similarities. The difference is in the wording, and the wording is what makes Paragraph 139 more achievable.
Paragraph 84 only applies to isolated homes. Paragraph 139 has no isolation test. That opens up semi-rural sites: the edge of a settlement, a gap in a loose cluster of buildings, land with existing amenities nearby. Exactly the sites where Paragraph 84 could never help you, and where local authorities often argue a site is “not isolated enough” to qualify.
The design bar is also different. Paragraph 84(e) requires design that is “truly outstanding” and reflects the highest standards in architecture. Paragraph 139 asks for “outstanding or innovative” design that fits in with the form and layout of its surroundings. Still a high bar, but a clearer one.
The policy also rewards designs which promote high levels of sustainability: construction that utilises sustainable materials and energy-efficient design systems.
FYI: I have written a Free guide on little known energey efficient systems for your home. You can access it using the link below:
In a recent appeal at Lenham in Kent (APP/U2235/W/24/3357959), an inspector granted permission for a new detached home outside the settlement boundary. The inspector found the design outstanding and innovative, with sustainability built into the construction, and gave Paragraph 139 significant weight in the balance. The scheme had also been through an independent design review panel, and the endorsement mattered. That is the standard of evidence this route demands.
I think this policy is great for those sites you have which are not isolated and have existing amenities. At the same time, the onus on “outstanding or innovative design” is still there; this is not a policy for a developer looking to do a cookie-cutter development.
How much are the architect fees for a Paragraph 139 home?
For all our projects, we have a four-step process to deliver your project.
Every Paragraph 139 project starts with a pre-design, Step 1, which diagnoses whether your project would qualify under Paragraph 139, as well as whether an alternative design policy may be more suitable.
Whilst the Paragraph 139 fee will depend on the build cost, the site and the strength of the planning case, you should be prepared to allocate at least £16,580 for the application process.
Our fees are worked out on a percentage basis, or as I like to say, typically around the cost of a new kitchen. The fees are usually between 11–21% of the overall build costs.
There will undoubtedly be people who claim to do the work for cheaper. But Paragraph 139 homes demand specialist planning knowledge, design skills and distinctive design flair; there are only a handful of practices in the UK with the skills to deliver one.
Every client currently undertaking a Paragraph 84 or 139 home with us went to someone else first, only to have their planning application refused.
How much does a Paragraph 139 home cost to build?
The cost per square metre for a Paragraph 139 home usually ranges between £3,100 and £7,200; the cost is very much dependent on the quality, specification and materials used, as well as complexities in the site.
Some decisions can save you money and make the quality of the home and the space better at the same time:
Design the space that is actually needed, not excess space. We see this all the time: homes designed to be excessively large. If you are considering a 180sqm home, you may instead need a 156sqm home that is carefully considered and designed around the spaces you actually use. 180sqm at £4,200 per sqm is £756,000. 156sqm at £4,200 is £655,200. That is £100,800 saved while designing the space you need.
Design for longevity. Carefully consider materials for the project that last a lifetime and more. Typically, this requires natural materials instead of synthetic materials.
How can Markos Design Workshop help with your Paragraph 139 project?
We specialise in rural development, with over a decade of experience in Green Belt and countryside projects. We have the specialist skills to design your project and take it through from planning to construction.
We have a particularly high success rate across rural policy routes, including Paragraph 84(a), Paragraph 84(e), Paragraph 139 and Very Special Circumstances. We have excellent relationships with planning officers and local authorities across the country.
If you have a site and want to know whether Paragraph 139 is the right route for it, book your free 20-minute call or email peter@markosdesignworkshop.com.
