Government's Grey Belt plans starting to take effect

In July 2024 we looked at the introduction of ‘Grey Belt’ land, which was unveiled in the King’s speech. At that point in time there was no definition for the new term, and calls were being made for a clear definition to prevent existing green belt land, which may be seen as being ‘run down’, ‘scrubby’ etc. being inadvertently designated as grey belt.

 

Fast forward 7 months and we now have the following definition of Grey Belt in Annex of the NPPF:

 

“land in the Green Belt comprising previously developed land and/or any other land that, in either case, does not strongly contribute to any of purposes (a), (b) or (d) in paragraph 143. ‘Grey belt’ excludes land where the application of the policies relating to the areas or assets in footnote 7 (other than Green Belt) would provide a strong reason for refusing or restricting development.”

 

And more importantly, appeal decisions relating to grey belt land have started to filter through, including a recent appeal where DHA Planning acted on behalf of Dandara Homes.

 

Land at former Court Lane Nurseries Appeal Decision

 

DHA’s Lucy Wilford acted as the Planning Witness at the public inquiry last month, which culminated in the appointed Planning Inspector allowing the appeal and granting planning permission for the erection of 57 new homes, a new children’s nursery and pre-school in the Green Belt on former horticultural and nursery land on the edge of Hadlow.

 

 

*CGIs above courtesy of Dandara - Design

 

The proposed development was originally refused by Tonbridge and Malling Borough Council principally on the grounds that it constituted inappropriate development in the Green Belt and encroachment into the countryside. However, following the submission of the appeal, the new NPPF was published, which saw the introduction of Grey Belt land in the Green Belt.

 

The Inspector agreed that the proposed development would constitute Grey Belt land for the purposes of paragraph 155 of the Framework and therefore would not be inappropriate development in the Green Belt. Furthermore, the Inspector confirmed that the development complies with the Golden Rules of the NPPF, which he said should be given significant weight in favour of the grant of permission.

 

The Inspector also agreed that the development would have the ‘substantial’ benefit of contributing 57 dwellings (including affordable provision) towards the Borough’s supply, and that the delivery of the new nursery would be a ‘significant’ benefit.

 

What other Grey Belt Appeals have been allowed?

 

There have also been a number of other appeals allowed since the new NPPF was published, which deal with the 'Grey Belt', including:

 

• APP/M3645/W/24/3347328 – ALLOWED (10 January 2025) Woodside House, Copthorne, Tandridge (2 dwellings);

• APP/V4630/W/24/3347424 – ALLOWED (13 January 2025) Chapel Lane, Great Barr, Walsall (49.35MW battery storage facility);

• APP/H1515/W/24/3341474 – ALLOWED (16 January 2025) Horseman Side, Navestock, Brentwood (6 appeals relating to extending Gypsy/Traveller site);

• APP/M3645/W/24/3339699 – ALLOWED (22 January 2025) Beacon Platt, High Street, Dormansland, Surrey, Tandridge (4 dwellings);

• APP/R4408/C/24/3344454 – ALLOWED (22 January 2025) Jimboy Stables off Mackey Lane, Brierley, Barnsley (Siting of caravan, laying of aggregate, and the material change of use of land for residential use and associated storage of vehicles, a timber hut and other domestic items);

• APP/V1505/C/24/3344638-3344653 – ALLOWED (23 January 2025) Land North West of Hillview, Southend Arterial Road, Nevendon, Wickford (Enforcement – stationing of caravans for residential uses);

• APP/R3650/W/24/3352222 – ALLOWED (25 January 2025) Land adjoining Hydon Farm, Hambledon Road, Hydestile, Godalming (1 dwelling);

• APP/M3645/W/23/3331609 – ALLOWED (29 January 2025) Land North of Effingham Road, Keepers Corner, Burstow, Tandridge (Gypsy caravan site and 6 day room chalets); and

• APP/H2265/W/24/3347410 – ALLOWED 13 February 2025) Land part of Wrotham Water Farm, off London Road, Wrotham, Sevenoaks, Kent (Outline application (all matters reserved except access) for construction of a secure 24-hour truck stop facility for up to 200 HGVs incorporating fuel station; amenity building of up to 1100 sqm; creation of a new access to A20 via roundabout; landscaping and other associated works)

 

What are the key takeaways from the appeal decisions to date?

 

There is a clear pattern emerging as to how grey belt analysis is being undertaken:

 

• First you apply the grey belt definition; and then
• The paragraph 155 tests (including the Golden Rules)
• It is only when ALL of these requirements are met can you conclude that it is not inappropriate development in accordance with paragraph 155; and

 

Another key message from the decisions so far is that the ‘Golden Rules’ only apply to major development and not minor development.

 

If you would like to find out more about 'Grey Belt' or DHA's Grey Belt decision, please feel free to contact Lucy Wilford or Alice Day.