Green Belt vs. Grey Belt: The Future of Land Development

As the demand for housing and infrastructure continues to rise in response to population growth and urban expansion, the question of where – and how – we build has never been more pressing. In this debate, two types of land have come into sharp focus: green belt and grey belt.

This article explores the critical differences between green and grey belt land.

What is the Green Belt?

The Green Belt refers to designated areas of open land around towns and cities that are protected from most forms of development.

It serves five purposes, which are set out in the National Planning Policy Framework (“NPPF”), as being:

1. to prevent unrestricted urban sprawl;
2. to prevent neighbouring towns merging into one another;
3. to assist in safeguarding the countryside from encroachment;
4. to preserve the setting and special character of historic towns; and
5. to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

There are 14 main areas of open land that have been designated as Green Belt within England. Whilst local planning authorities have the power to designate new areas of open land as Green Belt, this should only be done in exceptional circumstances.

Can you build on Green Belt Land?

Development within the Green Belt is considered inappropriate by default unless one of the limited exceptions set out within the NPPF applies, such as buildings required for agricultural and/or forestry uses, limited infilling of villages or affordable housing required to meet local community needs set out in the relevant Local Plan.

Inappropriate development is deemed to be harmful to the Green Belt, and local planning authorities must give such harm substantial weight.

Planning permission will only be granted for inappropriate development within the Green Belt where, in addition to complying with all other relevant Local Plan policies, it can be demonstrated that circumstances which clearly outweigh the harm that would be caused to the Green Belt by reason of the inappropriateness of the proposed development, and any other harm, exist. These are known as very special circumstances.

If the proposed development is not subject to one of the exceptions or there are no very special circumstances, then under national planning policy (set out in the NPPF), planning permission will be refused.

The Green Belt, therefore, can only be built on in very limited circumstances.

What is Grey Belt Land?

“Grey belt” is defined in the NPPF as:

1. land within the Green Belt which is previously developed land and/or any other land that does not strongly contribute to the Green Belt purposes set out at points 1, 2 or 4 above; and
2. where the policies relating to certain areas, such as Sites of Special Scientific Interest (SSSIs), National Landscapes and National Parks, etc., do not provide a strong reason for refusing or restricting development.

The term ‘previously developed land’ is also defined in the NPPF and includes land which has been lawfully developed and is or was occupied by a permanent structure and any fixed infrastructure associated with it (such as hardstanding). There are, however, certain areas of land which are excluded from this definition, such as land that is or was last occupied by agricultural or forestry buildings, residential gardens, parks, recreation grounds and allotments, etc.

Can you build on Grey Belt Land?

As any Grey Belt forms part of the Green Belt, the starting position remains the same. Development is therefore deemed inappropriate and should not be granted permission unless a relevant exception applies, or very special circumstances are demonstrated.

However, the benefit of the Grey Belt is that it provides an additional exception to those already available for Green Belt.

Specifically, development on land deemed to be Grey Belt will not be inappropriate if all of the following requirements are satisfied:

1. the development would not fundamentally undermine the five purposes of the Green Belt (set out above);
2. there is a demonstrable unmet need for the type of development proposed (for example, in the case of the development of homes, the local planning authority cannot demonstrate a five-year supply of deliverable housing sites);
3. the development would be in a sustainable location, and
4. in the case of major development involving the provision of housing, contributions are made to affordable housing, necessary improvements to local or national infrastructure and the provision of new or improvements to existing publicly accessible greenspaces in accordance with the NPPF.

The Grey Belt, therefore, provides an additional opportunity for development within the Green Belt, but only where the requirements of the exception can be complied with. If the requirements cannot be complied with, for example, the proposed development would be on Grey Belt in an unsustainable location, then such development would by default be inappropriate development within the Green Belt, so that permission would likely be refused unless very special circumstances can be demonstrated.

How can Tozers help?

Tozers can guide you through every stage of a Grey Belt or Green Belt development proposal, helping you understand what is possible and how to maximise the prospects of success.

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