Building on Green Belt land can be challenging, but the planning question is rarely as simple as whether construction is permitted or prohibited.
Green Belt policy places strong emphasis on preventing inappropriate development and protecting the openness and purposes of the Green Belt. However, national planning policy also identifies circumstances where development may be acceptable.
For landowners and developers, the important issue is therefore to understand what type of development is being proposed, how it affects the Green Belt and whether there is a planning basis for allowing it.
This distinction is particularly important when considering a new home, replacement building, agricultural structure, extension, conversion or redevelopment project.
The First Question Is Not “Can I Build?” but “What Am I Proposing?”
Different types of development can have very different planning implications.
Before considering drawings or construction costs, establish the precise nature of the proposal.
For example, the planning assessment may differ considerably between:
- A new detached dwelling
- An extension to an existing house
- The replacement of an existing building
- A new agricultural building
- Conversion of an existing agricultural building
- Redevelopment of previously developed land
- A rural commercial building
- A building associated with outdoor sport or recreation
The classification of the development can influence which Green Belt policies apply and what evidence may be required.
This makes early planning assessment particularly important. A proposal that is redesigned to fit an appropriate planning route may have a very different prospect from one submitted without considering the applicable policy framework.
What Makes Building on Green Belt Land Difficult?
The fundamental planning issue is the protection of the Green Belt.
Under national planning policy, certain forms of development are regarded as inappropriate in the Green Belt unless specific circumstances apply. Inappropriate development is generally given substantial weight in the decision-making process.
The assessment can involve several related questions.
Will the Development Affect Green Belt Openness?
Openness is a central consideration when assessing Green Belt development.
It is not simply a measurement of how much land a building occupies. The scale, form, height, location and visual effects of the development may all be relevant.
A large structure in an exposed location may have a very different impact from a modest proposal closely related to an existing group of buildings.
Does the Proposal Conflict With the Purposes of the Green Belt?
Green Belt policy has defined purposes, including preventing unrestricted sprawl, preventing neighbouring towns from merging, safeguarding the countryside from encroachment, preserving the setting and special character of historic towns and encouraging urban regeneration.
The relationship between the proposal and these purposes should be considered as part of the planning assessment.
Is the Development Inappropriate Development?
Some forms of development are identified as not inappropriate in the Green Belt, subject to the applicable policy requirements.
Others may constitute inappropriate development and require consideration of whether there are very special circumstances capable of outweighing the identified harm.
Understanding which category applies to the proposal can fundamentally affect the planning strategy.
Existing Buildings Can Change the Planning Conversation
One of the most important distinctions when considering Green Belt development is whether the proposal involves an existing building.
A proposal to extend, alter, replace or convert an existing structure may raise different planning considerations from a proposal for a completely new building on undeveloped land.
However, the presence of an existing building does not automatically create a right to redevelop it.
The planning history, lawful use, size, location, condition and relationship with surrounding development may all need to be examined.
For this reason, anyone considering buying an existing building in the Green Belt for redevelopment should investigate its planning position before assuming that the site has development potential.
Can You Build a New House on Green Belt Land?
Building a new house on Green Belt land can be particularly challenging because residential development may constitute inappropriate development unless it falls within an applicable exception or other planning circumstances.
However, every proposal must be assessed individually.
The planning authority may consider matters including:
- The location and character of the site
- The effect on Green Belt openness
- The relationship with existing development
- The scale and design of the proposed dwelling
- Access and highway considerations
- Landscape and visual effects
- Other planning constraints
- Whether the proposal falls within an identified category of development
- Whether very special circumstances are relied upon
A strong application therefore requires more than demonstrating that the land is physically capable of accommodating a house.
The planning case must explain why the particular proposal should be permitted within the relevant policy framework.
Very Special Circumstances and Green Belt Development
Where a proposal constitutes inappropriate development, the planning strategy may involve consideration of very special circumstances.
This is not a general route around Green Belt policy.
National planning policy states that very special circumstances will not exist unless the potential harm to the Green Belt, together with any other harm, is clearly outweighed by other considerations.
This means that a successful case requires careful evaluation of the specific circumstances rather than simply listing general benefits associated with the development.
Depending on the proposal, relevant considerations might include particular site circumstances, redevelopment benefits, removal of an existing harmful use or other planning considerations.
The strength of any case will depend on the evidence and the circumstances of the individual site.
Building on Green Belt Land Through Permitted Development Rights
Not every project involving Green Belt land requires a conventional full planning application.
Certain permitted development rights may apply to particular types of development, including some agricultural buildings, changes of use, extensions and other works.
However, permitted development rights are subject to detailed conditions and limitations.
The fact that a building is located on agricultural or Green Belt land does not, by itself, establish that permitted development rights can be used.
Before beginning work, landowners should establish:
- Whether the relevant permitted development right applies
- Whether the existing use qualifies
- Whether the size and scale requirements are satisfied
- Whether exclusions apply to the site
- Whether prior approval is required
- Whether any conditions need to be discharged
Where there is uncertainty, obtaining professional advice before construction can help reduce the risk of enforcement action.
Building on Green Belt Land Without Permission
Starting construction before establishing the planning position can create significant risks.
If development requiring planning permission is carried out without permission, the local planning authority may investigate the work and potentially take enforcement action.
A retrospective application may sometimes be available, but it should not be treated as a guaranteed solution.
The authority will assess the development against the relevant planning framework, and the fact that construction has already taken place does not necessarily make an otherwise unacceptable development acceptable.
Where enforcement action has already begun, specialist advice should be obtained promptly because statutory deadlines may apply.
Why the Site Assessment Matters Before You Design the Building
One of the most effective ways to reduce planning risk is to assess the site before investing heavily in architectural drawings or construction plans.
A preliminary planning assessment can examine:
Planning History
Previous applications and appeals may reveal how the authority has treated similar proposals on the site.
Existing Lawful Development
Existing buildings and uses may create planning opportunities or restrictions that need to be understood.
Local Planning Policies
The local development plan can provide important information about the authority’s approach to the site and surrounding area.
Environmental and Physical Constraints
Flood risk, ecology, heritage, highways, landscape and access issues may create additional planning considerations.
Development Options
It may be possible to identify more than one route for achieving the landowner’s objective. Comparing these options before committing to a single design can help determine which approach presents the strongest planning case.
What If Your Green Belt Building Proposal Is Refused?
A refusal should be analysed rather than simply treated as a final answer on the site’s potential.
The reasons for refusal can reveal whether the main problem concerns:
- Green Belt harm
- Openness
- Design or scale
- Location
- Access
- Landscape impact
- Residential amenity
- Environmental constraints
- Insufficient supporting evidence
- Conflict with local planning policy
Depending on the circumstances, the appropriate response could involve redesigning the proposal, submitting a revised application or pursuing a planning appeal.
The best route will depend on the reasons for refusal and the evidence available.
How Charrette Law Can Help With Building on Green Belt Land
Building on Green Belt land requires careful consideration of national planning policy, local planning requirements and the particular circumstances of the site.
Charrette Law can assist landowners and developers in assessing planning issues associated with Green Belt development, reviewing planning documentation and considering the appropriate strategy for a proposed project.
Professional advice can be particularly valuable before purchasing land, commencing construction or submitting a complex planning application.
If you are considering building on Green Belt land, Charrette Law can help you understand the planning considerations affecting your proposal and explore the appropriate route forward.
Frequently Asked Questions
Is it illegal to build on Green Belt land?
No. Green Belt land is not subject to an absolute prohibition on development. However, certain forms of development are treated as inappropriate and may require planning permission and a strong planning justification.
Can I build a house on Green Belt land?
It may be possible in certain circumstances, but a new dwelling can face significant planning restrictions. The proposal must be assessed against the applicable Green Belt policies and other material planning considerations.
Can I extend a house on Green Belt land?
Certain extensions may be possible, including through permitted development rights where the relevant requirements are satisfied. The property’s planning history, existing extensions and applicable restrictions should be checked before work begins.
Can I replace an existing building on Green Belt land?
Potentially. The replacement of an existing building can fall within circumstances identified in national planning policy, subject to the relevant requirements. The proposed replacement should be assessed in relation to the existing building, its use, size and effect on the Green Belt.
Can agricultural buildings be constructed on Green Belt land?
Certain agricultural and forestry buildings may be acceptable or may benefit from permitted development rights, depending on the circumstances. Conditions and limitations can apply, so the relevant planning requirements should be established before construction.
What are very special circumstances in Green Belt planning?
Very special circumstances are circumstances which, where applicable, clearly outweigh the harm to the Green Belt and any other harm identified. They must be assessed in the context of the individual proposal rather than treated as a general exemption from Green Belt policy.
Does owning Green Belt land give me the right to build on it?
No. Land ownership and planning permission are separate matters. Owning a site does not automatically provide a right to develop it for any desired purpose.
Can I build on Green Belt land without planning permission?
Only where the proposed works are authorised under an applicable permitted development right or another legal planning route. Development requiring permission should not begin without establishing that the necessary authorisation is in place.
Can I get planning permission for Green Belt land that has already been developed?
Possibly. The existing lawful use and development history can be important, particularly where a proposal involves redevelopment, alteration or conversion. However, previous development does not automatically guarantee permission for a new scheme.
Should I speak to a planning consultant before buying Green Belt land?
Where development potential is an important part of the investment decision, obtaining professional planning advice before purchase can help identify planning constraints, potential development routes and significant risks.
What happens if I build on Green Belt land without permission?
The local planning authority may investigate and, where appropriate, take enforcement action. Depending on the circumstances, a retrospective application may be possible, but there is no guarantee that permission will be granted.
Make the Planning Position Clear Before You Build
Building on Green Belt land requires more than finding a suitable plot and preparing architectural plans. The planning strategy needs to start with an understanding of the site’s designation, existing development, proposed use and the policies that apply.
For landowners and developers, obtaining advice at the earliest stage can help determine whether a proposal has a realistic planning route and whether changes to the design or intended use could improve its prospects.
Charrette Law can provide planning support for Green Belt development and help clients assess the planning considerations affecting their land.
Contact Charrette Law to discuss your proposed Green Belt development and understand the options available before committing to construction or a planning application.