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Ketton homes appeal allows 36 dwellings and rejects costs

Permission is granted for 36 homes north of Wotton Close, including 11 affordable homes, while both sides lose their costs applications.

Ketton homes have been approved on appeal, with permission granted for 36 dwellings on land north of Wotton Close in Rutland. Inspector Ryan Cowley issued the decision on 12th October 2026 after Rutland County Council failed to determine application 2024/0730/MAF within the required period.

The development includes 25 market homes and 11 affordable homes, together with estate roads, open space, landscaping, allotments and a community orchard. Most of the site was already allocated for housing. Drainage concerns were resolved during the appeal, and the council ultimately said it would have recommended approval.

I would separate two outcomes here. The housing scheme has permission, subject to conditions and its legal agreement, but neither side won its application for appeal costs. For neighbours, the practical questions now concern the approved layout, drainage and construction controls, rather than whether this remains an undecided proposal.

Why the Ketton homes appeal was allowed

This was an appeal against non-determination, which means the council had not issued a decision within the relevant time. It was not an appeal overturning a formal refusal notice. That distinction helps explain why the council’s position could change as the technical information developed.

The Inspector visited the site on 30th June 2026 and considered residents’ representations even though the main parties had reached agreement on the outstanding issues. He assessed the location, housing mix, landscape, neighbours’ living conditions, road safety, flood risk and ecology rather than simply accepting the council’s eventual support.

The Ketton homes decision was based on the adopted development plan. Rutland’s emerging plan was discussed, but the Inspector had limited details of its policies and uncertainty about further changes. He therefore did not treat the emerging document as a substitute for the policies already in force.

An allocated site with a modest increase in numbers

Policy SP2 of the adopted site allocations document allocated the vast majority of the land for 33 dwellings on 1.1 hectares. The appeal site was slightly larger, but much of the additional land accommodated allotments, the orchard, landscaping and infrastructure. The proposal added three homes to the allocation’s indicative number.

The Inspector found that neither the allocation policy nor the Ketton and Tinwell Joint Neighbourhood Plan prevented that modest increase. Ketton is identified as a Local Service Centre, with a primary school, shop, pub, part-time library and a bus service linking it with Uppingham and Stamford.

For the Ketton homes scheme, these facilities and the site’s existing allocation helped establish an appropriate location. The council could not demonstrate a five-year supply of deliverable housing sites, and recent housing delivery figures also showed a shortfall. The Inspector nevertheless tested the detailed proposal against the local policies.

Eleven affordable homes and a mixed housing offer

The Ketton homes permission provides a mix of one, two, three and four-bedroom properties. Eleven of the 36 homes are affordable, approximately 30 per cent of the total, with the affordable units integrated among market housing near the centre of the site. Their provision is secured through the Section 106 legal agreement.

Some residents had expressed a preference or need for bungalows. The Inspector found limited evidence of that particular need and concluded that the absence of bungalows did not outweigh the benefits of the otherwise policy-compliant housing mix. The decision does not say that bungalow provision is irrelevant in every development.

I would look at the legal agreement alongside the drawings if you want to understand what this permission delivers. Affordable housing, open space, allotments, the community orchard and biodiversity measures are secured through that agreement, including appropriate long-term maintenance and management arrangements. They are part of the accepted scheme.

Landscape and neighbouring bungalows

The land forms part of a field around the existing homes on Wotton Close. Its development will change the character of the site, but the Inspector distinguished that change from harmful landscape effects. Landform, woodland and vegetation already contain wider views, while the proposed planting would soften the new buildings.

The Ketton homes layout was also examined in relation to bungalows on the western side of Wotton Close. Although land rises behind those properties, the proposed separation between principal rear elevations was considered sufficient to protect outlook, privacy and daylight. A wildlife corridor and planting buffer would provide further screening.

Finished site levels and the full landscaping details remain controlled by conditions. Those details matter because the permission is for the assessed relationships between buildings and boundaries. A construction management plan must also be agreed before work starts to protect neighbouring living conditions and highway safety.

Drainage evidence changed the position

Flood risk and drainage had been an initial source of concern. The proposal was supported by a flood risk assessment, drainage design report, infiltration testing and geotechnical information. Further explanation during the appeal clarified how runoff would move towards infiltration areas on the eastern side of the site.

The lead local flood authority became satisfied that an infiltration-led strategy could be delivered, provided suitable conditions secured the detailed design, implementation and long-term maintenance. The Inspector agreed. Foul drainage details could also be addressed through a condition, rather than requiring the appeal to fail.

Road design and management questions were similarly considered capable of resolution through conditions. The highway authority accepted residential development in principle in terms of traffic generation. The Inspector found no substantiated evidence that the existing Wotton Close junction lacked capacity for the additional traffic.

Both costs applications were refused

The separate costs decision rejects both the developer’s claim against the council and the council’s claim against the developer. An appeal win does not automatically entitle the successful party to reimbursement: the costs test concerns unreasonable behaviour causing unnecessary or wasted expense.

For the Ketton homes appeal, the Inspector acknowledged delay and the applicant’s frustration but found that technical queries remained when the appeal was lodged. Additional drainage information subsequently allowed the council to change its position. He found no compelling evidence that its handling of those technical judgements was unreasonable.

He also found it reasonable for the developer to appeal following the expired extension of time, the absence of a decision and a considerable gap in correspondence. His conclusion was that unreasonable behaviour had not been demonstrated by either party. There is no costs award or cash sum to report.

What the permission requires next

The official appeal decision states: The appeal is allowed and planning permission is granted. That outcome comes with an extensive condition schedule, including the approved plans, commencement period, drainage, landscaping, construction management and archaeological investigation.

I would use the condition schedule as a practical checklist before implementation. Some requirements apply before development starts, while others control details or later stages. Permission does not mean every technical approval has already been obtained, and the decision does not establish a construction start date.

Our planning appeals guide explains the wider process. This is an English Inspector’s decision, reference 6007557, rather than a court judgment. Its useful lesson is that an allocated site still needs a workable detailed scheme, and resolving technical evidence can change the planning outcome without establishing a right to costs.

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