Sabah Siddiq, associate solicitor in Thames Valley law firm Blandy & Blandy’s planning & environmental law team, examines the Government’s proposals involving Grey Belt land.
On July 30, 2024 the Ministry of Housing, Communities and Local Government (MHCLG) launched a consultation on the proposed reforms to the National Planning Policy Framework (NPPF).
The consultation seeks views on the Government approach to achieving sustainable growth in the planning system to achieve its commitment of economic growth and build 1.5 million new homes over the next parliament term. The Government is also seeking views on a series of wider policy proposals in relation to local plan intervention criteria, increasing planning fees, and appropriate thresholds for certain Nationally Significant Infrastructure Projects.
The sequential approach
The Government states in the consultation that to achieve the ambitious housing target of 1.5 million new homes, development on brownfield land alone will not be enough. The Government is therefore, intending to introduce a new designation of Grey Belt land, within the Green Belt, which is referred to in the consultation as ‘low-quality land’ in the Green Belt.
In order to deliver the homes and commercial development the country needs, the Government is proposing a targeted release of Grey Belt land. The consultation document makes it clear that the Government recognises the importance that Green Belt land plays in preventing urban sprawl and that the Government remains committed to providing protection from development in the Green Belt.
The Government is proposing a sequential approach to guide and support the release of land in the right places in the Green Belt.
- Brownfield land
The Government makes it clear in the consultation, that brownfield sites should be prioritised first and has suggested that a sequential test is applied to provide assistance with the release of Green Belt land.
Local planning authorities will need to first consider previously developed land (PDL), before moving onto the release of Green Belt land. The Government is seeking to amend current paragraph 124c of the NPPF to reinforce the expectation that development proposals on PDL are viewed positively. This is not a new concept, and it does not seem that the additional wording of ‘proposals for which should be regarded as acceptable in principle…’ adds anything further to para 124 (c), when the sub para already states that substantial weight is to be given to the value of using suitable brownfield land within settlements for new homes.
The Government is also seeking to amend current paragraph 154g of the NPPF to relax the restrictions currently applied to PDL and limited infilling in the Green Belt to make it clear that development is ‘not inappropriate’ where it would not cause substantial harm to the openness of the Green Belt. The Government is also seeking views on expanding the definition of PDL in the NPPF to include horticulture land such as hardstanding and glasshouses in the definition.
- Grey Belt land
The Government is proposing to introduce a new concept of Grey Belt land in the NPPF, which is defined as land in the Green Belt which makes a limited contribution to the Green Belt purpose.
Grey Belt land is defined in Annex 2 of the draft NPPF as ‘land in the Green Belt comprising Previously Developed Land and any other parcels and/or areas of Green Belt land that make a limited contribution to the five Green Belt purposes (as defined in para 140 of this Framework), but excluding those areas or assets of particular importance listed in footnote 7 of this Framework (other than land designated as Green Belt).’
The consultation states that the purpose of the Green Belt review is to release poor quality Green Belt land to meet some of the housing needs, before moving onto higher performing Green Belt sites. The Government is seeking views of whether further support is needed to assist local planning authorities in identifying what land makes a limited Green Belt purpose and is proposing to incorporate the following in the glossary of the NPPF:
“Land which makes a limited contribution to the Green Belt purposes will:
- a) Not strongly perform against any Green Belt purpose; and
- b) Have at least one of the following features:
- i) Land containing substantial built development, or which is fully enclosed by built form
- ii) Land which makes no or very little contribution to preventing neighbouring towns from merging into one another
iii) Land which is dominated by urban land uses, including physical developments
- iv) Land which contributes little to preserving the setting and special character of historic towns.”
The Government has made it clear that they still seek to protect the land which makes a strong contribution to any Green Belt purposes and that they want to ensure that the proposed amendments to the Green Belt do not undermine the function that Green Belt provides. Grey Belt land will exclude land that is safeguarded by existing environmental designations, for example National Parks, National Landscapes and Sites of Special Scientific Interest and will maintain its current protections as set out in footnote 7 of the current NPPF. Land that is released from the Green Belt will not only have to show Biodiversity Net Gain, but it will also need to demonstrate benefits of improved access to good quality green spaces.
- Green Belt land
Paragraph 143 of the current NPPF sets out the purpose that the Green Belt serves:
- To check the unrestricted sprawl of large built up areas;
- To prevent neighbouring towns merging into one another;
- To assist in safeguarding the countryside from encroachment;
- To preserve the setting and special character of historic towns; and
- To assist in urban regeneration, by encouraging the recycling of derelict and other urban land.
The general position has been that Green Belt boundaries could only be reviewed and altered, through the plan making, where exceptional circumstances are fully evidenced and justified.
The Government is seeking to amend new paragraph 144 of the draft NPPF and have added that exceptional circumstances can include, but are not limited to, where the authority cannot meet its identified need for housing, commercial or other development through other means.
In such circumstances, the Government is saying that the local planning authorises should review their Green Belt boundaries and propose alterations to try and meet the housing needs. The caveat to this is, where the Green Belt review provides clear evidence that making such alteration to the Green Belt would fundamentally undermine the functions of the Green Belt across the plan as a whole, then the land should not be released for development purpose.
The Government is further proposing to insert a new paragraph 152 in the draft NPPF that supports the release of Green Belt land outside of plan making process. It is proposed to insert a new paragraph in the draft NPPF, where the proposed development is on suitable Grey Belt land in a sustainable location, where ‘golden rules’ for major development are satisfied as set out in new paragraph 155 of the draft NPPF, the development doesn’t undermine the function of Green Belt, and where local planning authorities:
- Cannot demonstrate a five-year housing land supply or,
- Are delivering less than 75 per cent against the housing delivery test, or
- Where there is unmet commercial or other need.
This, to some extent, is already happening, through the planning appeals process, where the local planning authorities refuse planning applications in the Green Belt on grounds the proposal does not meet ‘very special circumstances’ and the planning inspectors, on a case by case basis, have allowed appeals in the Green Belt, taking into account the local planning authority unmet housing needs, what contribution the land is making to Green Belt purposes, any harm identified and any other material considerations which contribute to the ‘very special circumstances’.
The changes that are being proposed by the Government in the draft NPPF, will shift those considerations at the decision-making stage by local planning authorities, instead of being looked at by the planning inspector through the planning appeal.
The Government is also introducing ‘golden rules’ to ensure that major development on the land released from Green Belt benefits both communities and nature. Where land is released from Green Belt, either through Local Plans or individual planning decisions, major development will need to provide the following:
- 50 per cent of affordable housing to be provided, where a proportion of housing will be social rent and the local planning authority will decide what proportion will be social rent;
- Improvements to local or national infrastructure, including delivery of new schools, GP surgeries, transport links, care homes and nursery places, to deliver well-designed, connected places; and
- For residential development, the provision of new, or improvements to existing, local green spaces that are accessible to the public – where residential development is involved.
The Government is further proposing to support release of Green Belt land for commercial development and other types of development to support wider, social and economic objectives, through plan making and the decision-making process.
Comment
The Government has set itself an ambitious target of building 1.5 million homes over the next five years. As part of achieving its economic growth, the Government wants local planning authorities to review Green Belt boundaries, where there is an unmet housing need in the areas.
To assist with the release of land, the Government is suggesting a sequential approach to provide guidance and support of the release of land in the Green Belt. The sequential approach requires local planning authorities to consider brownfield sites first i.e. PDL, before moving on to Grey Belt land, defined as ‘poor quality land’ in the Green Belt, with guidance provided on what is ‘poor quality land’ before moving onto higher performing Green Belt sites.
The previous Government amendments to the NPPF back in 2023 resulted in local planning authorities not being obliged to review their Green Belt boundaries to identify potential sites for development, and they were required to focus on the PDL for development. The proposed amendments to the NPPF will now shift back to local planning authorities reviewing their Green Belt boundaries in order to try to meet some of their housing needs.
The requirement to identify ‘low quality land’ within the Green Belt will require an element of subjectiveness of what is ‘a poor-quality land’. This could vary between local planning authorities, and therefore it will be interesting to see what land is identified as ‘low quality’, whilst ensuring that the principles of Green Belt are not undermined and what resistance there will be to counter the proposals for such land being released from Green Belt. Proposed guidance on what is considered to be ‘low quality’ will aid in identifying such land.
It remains to be seen what proposed changes in the draft NPPF are adopted in the amended NPPF and whether it has the affect the Government intends in delivering more housing and commercial development.
The consultation closes on September 24, 2024. To view the NPPF consultation paper, please click here.
For further information or legal advice, please call 0118 951 6800 or visit www.blandy.co.uk.
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