The government’s headline change to planning policy – the creation of a ‘grey belt’ classification – has been place for several months now, but is it working?
A feature within the raft of changes to the National Planning Policy Framework (NPPF), the grey belt was created with the intention of tackling the housing crisis and boosting economic growth. But whilst it has been welcomed by many as a solution to unlocking more development, questions have also been asked of whether it will be effective.
Thrings’ Planning and Environment team, takes a look at the opportunities and challenges being faced by developers, local authorities, and the environment itself.
What is the grey belt?
A new land category defined in the NPPF, the grey belt is intended to allow development on sites that are suitable without undermining the core objectives of the Green Belt policies.
With boundaries set decades ago and the purpose of preventing urban sprawl to preserve the countryside’s openness and maintain the special character of historic towns Green Belt protection remains a hot topic. Whilst these aims remain important, a large amount of Green Belt is important for its location, not its quality and as a result many have argued that its strict protection has impeded much-needed development. The grey belt aims to resolve this tension by identifying areas within the Green Belt that are already developed.
According to the NPPF, the grey belt is defined as land within the Green Belt that is either previously developed or where the site does not significantly contribute to identified core purposes of the Green Belt – primarily the prevention of urban sprawl, the preservation of the setting and special character of historic towns, and the avoidance of merging neighbouring towns.
Notably, grey belt land can include sites within the Green Belt that are considered to contribute to safeguarding the countryside or promoting urban regeneration.
Identifying grey belt land
Grey Belt land is previously-developed land in the Green Belt that meets the Grey Belt tests, which are as follows.
No fundamental harm to the Green Belt’s integrity: If development would undermine key Green Belt purposes and functions. it will be restricted. For a site to qualify as Grey Belt the functions to be preserved are:
- preventing unrestricted urban sprawl;
- preventing neighbouring towns from merging;
- safeguarding the countryside from encroachment;
- preserving the setting and special character of historic towns; and
- assisting urban regeneration by encouraging the recycling of derelict and other urban land.
To be considered grey belt, land will not strongly contribute to purposes a), b) or d) - even if it performs well against c) and e).
Secondly, to be considered grey belt development, if the first test above is passed, it must also not fall within a ‘footnote 7’ asset or area (deriving from paragraph 11b and d of the NPPF), OR if it does, that does not provide a strong reason for refusing development.
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- The grey belt land must be located in a local authority’s area where there is a demonstrable unmet need for the proposed development (such as with a lack of five-year deliverable housing supply).
- Sustainable location: developments must be in locations with accessible infrastructure and good transport links.
- A scheme that is major development will also need to satisfy the requirements of the Golden Rules – 50% affordable housing provision, improvement to local infrastructure and the creation or enhancement of publicly accessible green spaces’.
Opportunities for developers and the countryside
For developers, the grey belt presents new opportunities in areas that were previously off-limits for development, with a focus on appropriate land within the Green Belt potentially unlocking prime locations for new residential, commercial, or mixed-use projects.
With the added flexibility provided by the grey belt classification, it is expected that more sites will be available for development in the coming years, particularly for housing.
The creation of the grey belt could also be a boon for urban regeneration on the outskirts of existing settlements where designated areas of underused or derelict land are likely to be found.
Challenges and uncertainties
Whilst there are plenty of positives that are likely to come from the creation of the grey belt, there will also be issues and obstacles that need to be overcome.
One of the most significant concerns about the grey belt is its potential for inconsistent application. With local planning authorities required to review their Green Belt boundaries and identify grey belt areas, it is likely this process will not be straightforward, with the classifications of land requiring careful assessment to ensure the need for growth is balanced with environmental and social considerations.
Whilst grey belt land will be less sensitive than other Green Belt areas, development still carries environmental obligations, with the requirement of biodiversity gain, and the preservation of natural habitats and important landscapes remaining central to planning decisions.
Thrings’ Planning and Environment team, said: “The introduction of the grey belt clearly offers a range of opportunities and challenges, but its signalling a shift towards more flexible policies will no doubt be welcomed by developers.
“The grey belt’s implementation, however, remains a work in progress, with inconsistencies in its application and potential legal challenges ahead and we predict that development decisions will be heavily litigated as the number of appeals in these first few months have shown.
“Developers and local authorities alike will need to ensure they are aware of any changes and precedents set over the coming years and should seek legal advice from the outset to reduce the risk of their plans falling through.”
Thrings’ Planning and Environment lawyers have extensive experience in navigating complex local and national planning policy legislation and has successfully supported commercial and residential clients to optimise the use of their land to generate innovative new long-term revenue streams through a range of diversification initiatives To find out more and for advice on your development proposals, please get in touch.
