Green Belt planning permission can be challenging for landowners and developers because Green Belt policy places particular importance on protecting openness and preventing urban sprawl. However, being located within the Green Belt does not mean that all development is prohibited.
Certain forms of development may be considered appropriate in the Green Belt, while other proposals may qualify under specific policy exceptions or, in some circumstances, benefit from the provisions relating to grey belt land.
The planning position has also evolved significantly, with the current National Planning Policy Framework (NPPF) introducing a more strategic approach to Green Belt land and the circumstances in which certain development may be permitted.
If you own Green Belt land or are considering purchasing a site for development, understanding the planning position before investing in a project is essential.
What Is Green Belt Land?
Green Belt is a planning designation intended primarily to prevent urban sprawl and keep land permanently open.
Green Belt policy has five purposes:
- Checking the unrestricted sprawl of large built-up areas
- Preventing neighbouring towns from merging
- Safeguarding the countryside from encroachment
- Preserving the setting and special character of historic towns
- Assisting urban regeneration by encouraging the recycling of previously developed land
The fundamental characteristics of Green Belt are its openness and permanence.
Importantly, Green Belt is a planning policy designation. It is not the same as a nature conservation designation and does not mean that land is necessarily environmentally valuable.
Do You Need Planning Permission on Green Belt Land?
Planning permission may be required for development on Green Belt land in the same way that it may be required elsewhere.
However, the key issue is often whether the proposed development is considered appropriate in the Green Belt.
The current NPPF identifies categories of development that are not considered inappropriate, subject to the relevant requirements.
Other development may be considered inappropriate and face a significantly higher planning hurdle.
Green Belt Does Not Mean No Development
A common misconception is that no building or development can take place on Green Belt land.
This is not correct.
The NPPF allows certain forms of development in the Green Belt, including specified agricultural and forestry development, appropriate facilities for outdoor sport and recreation, certain extensions and replacements of buildings, limited infilling and certain forms of development involving previously developed land.
The precise circumstances and conditions of the proposal must still be assessed.
What Development Is Allowed in the Green Belt?
Under the current NPPF, certain development is not considered inappropriate in the Green Belt where the relevant requirements are satisfied.
Agricultural and Forestry Development
Buildings for agriculture and forestry are among the categories identified as not inappropriate.
This can be particularly relevant to landowners operating farms or forestry businesses.
However, the fact that land is within the Green Belt does not remove other planning requirements. A proposal may still need to comply with permitted development rules, local policies, design requirements, highways considerations and other planning controls.
Extensions and Alterations
The extension or alteration of an existing building can be acceptable where it does not result in disproportionate additions over and above the size of the original building.
This means that the scale of an extension can be particularly important.
A large extension that substantially increases the size of an existing building may face greater planning difficulty than a proportionate alteration.
Replacement Buildings
The replacement of an existing building can also fall within the categories of development that are not inappropriate, provided the replacement building remains in the same use and is not materially larger than the building it replaces.
The existing building and proposed replacement should therefore be carefully assessed before an application is prepared.
Limited Infilling
Limited infilling in villages can be permitted in certain circumstances.
Whether a proposal qualifies as limited infilling will depend on the characteristics of the site, the surrounding development and the applicable planning policies.
Reuse of Existing Buildings
Certain forms of development involving the reuse of buildings may also be acceptable.
This can create opportunities for landowners seeking to make productive use of existing rural or previously developed buildings.
However, the specific Green Belt policy requirements and any other applicable planning policies must be considered.
What Is Inappropriate Development in the Green Belt?
Development that does not fall within the relevant categories of appropriate development may be considered inappropriate development.
Examples could include certain forms of:
- New residential development
- Commercial development
- Large extensions
- New buildings
- Urbanising development
- Development that harms the openness of the Green Belt
The classification depends on the proposal rather than simply the type of development.
Why Does Inappropriate Development Matter?
The NPPF states that inappropriate development is harmful to the Green Belt.
Where a proposal is inappropriate, substantial weight should be given to harm to the Green Belt, including harm to its openness. Permission should not be granted except where the relevant test of very special circumstances is satisfied.
This creates a significantly more demanding planning case for applicants.
What Are Very Special Circumstances?
Very special circumstances can provide a route to permission for development that would otherwise be inappropriate in the Green Belt.
The test is demanding.
Very special circumstances will not exist unless the potential harm to the Green Belt by reason of inappropriateness, together with any other harm, is clearly outweighed by other considerations.
Building a Case for Very Special Circumstances
There is no universal list of circumstances that automatically qualify as very special.
The strength of the case will depend on the individual proposal and its planning context.
Potential considerations may include:
- A particular need for the development
- Lack of suitable alternative sites
- Economic benefits
- Regeneration benefits
- Social benefits
- The specific characteristics of the site
- The extent to which Green Belt openness would be affected
- Other material planning considerations
A successful case requires more than simply demonstrating that the development would be beneficial.
The benefits must be weighed against the identified harm in accordance with the applicable planning framework.
What Is Grey Belt Land?
The current planning framework also introduces an important distinction involving grey belt land.
Grey belt land broadly concerns Green Belt land that does not strongly contribute to certain Green Belt purposes, subject to the detailed national policy definition and assessment process.
The government has introduced grey belt policy as part of a more strategic approach to meeting development needs while protecting the wider purposes of the Green Belt.
Does Grey Belt Mean You Automatically Get Planning Permission?
No.
Identification as grey belt does not automatically remove land from the Green Belt, guarantee planning permission or mean that development should be approved in every case.
For certain development to be treated as not inappropriate under the current NPPF, additional requirements must be met.
These can include:
- The development utilising grey belt land
- The development not fundamentally undermining the purposes of the remaining Green Belt across the relevant plan area
- A demonstrable unmet need for the proposed development
- A sustainable location
- Compliance with the applicable Golden Rules where required
What Are the Green Belt Golden Rules?
The current NPPF introduces specific Golden Rules for certain major development involving housing on Green Belt land.
Where applicable, these include contributions towards:
- Affordable housing
- Necessary local or national infrastructure
- New or improved accessible green spaces
The NPPF also provides specific requirements for affordable housing contributions in certain circumstances.
For developers considering a major residential scheme, understanding these requirements early can be critical to assessing the viability of the project.
What Will the Planning Authority Consider?
A Green Belt planning application will not be determined solely by asking whether the site is within the Green Belt.
The local planning authority may consider a range of planning issues.
Impact on Openness
Openness is a central consideration in Green Belt planning.
The authority may consider the physical and visual impact of development, including:
- Size
- Scale
- Height
- Layout
- Location
- Existing development
- Visibility
- Built form
A proposal that introduces significant new built development into an open area may have a greater impact on Green Belt openness.
Impact on Green Belt Purposes
The planning authority may also consider whether the proposal conflicts with the purposes of including land within the Green Belt.
This can involve considering the site’s contribution to preventing sprawl, preventing neighbouring settlements from merging, protecting countryside from encroachment and other relevant Green Belt purposes.
Landscape and Visual Impact
Even where Green Belt policy does not prevent development, landscape considerations can remain important.
The authority may consider:
- Landscape character
- Visual impact
- Existing vegetation
- Trees and hedgerows
- Views from public rights of way
- The appearance of the development
- Landscaping proposals
Highways and Access
A development must also be acceptable in terms of highways and transport considerations.
This can include:
- Site access
- Visibility
- Traffic generation
- Parking
- Turning arrangements
- Pedestrian safety
- Public transport accessibility
Ecology and Other Planning Constraints
Other planning constraints may affect the prospects of development.
These can include:
- Protected habitats
- Biodiversity
- Flood risk
- Heritage assets
- Conservation areas
- Listed buildings
- Public rights of way
- Trees
- Agricultural land considerations
Green Belt policy is therefore only one part of the overall planning assessment.
How to Apply for Green Belt Planning Permission
If you are considering development on Green Belt land, careful preparation is particularly important.
Step 1: Establish the Site’s Planning Status
Before preparing an application, establish:
- Whether the site is actually within the Green Belt
- The relevant local planning policies
- The planning history
- Whether the site may constitute grey belt land
- Whether the site contains previously developed land
- Whether permitted development rights apply
- Whether other planning designations affect the site
Step 2: Identify the Appropriate Planning Route
The appropriate route will depend on the development proposed.
It may involve:
- Permitted development
- Prior approval
- A full planning application
- A planning application relying on a specific Green Belt exception
- A case based on very special circumstances
- A proposal involving grey belt provisions
Selecting the appropriate route at the outset can prevent unnecessary expenditure and delays.
Step 3: Prepare a Strong Planning Case
Supporting documents may include:
- Planning statement
- Design and access statement
- Site plans
- Architectural drawings
- Landscape assessment
- Transport assessment
- Ecological reports
- Heritage assessment
- Green Belt assessment
- Other technical reports
The documents required will depend on the nature and scale of the proposal.
What If Green Belt Planning Permission Is Refused?
A refusal does not necessarily mean the development cannot proceed.
The first step should be to examine the reasons for refusal carefully.
Depending on the circumstances, you may be able to:
- Amend the proposal
- Submit a revised application
- Provide additional evidence
- Address concerns raised by the authority
- Appeal the decision
Where a refusal concerns the interpretation of Green Belt policy, obtaining specialist planning and legal advice can be particularly useful.
How Charrette Law Can Help With Green Belt Planning Permission
Green Belt development often involves a combination of planning policy, property considerations and legal issues.
Charrette Law can assist landowners and developers with planning and development matters, including planning applications, Green Belt proposals, planning agreements, planning disputes and appeals.
Professional advice can help you:
- Assess the planning prospects of a Green Belt site
- Identify relevant national and local planning policies
- Consider whether grey belt provisions may apply
- Assess permitted development options
- Develop a case based on very special circumstances
- Review planning conditions
- Respond to planning objections
- Challenge or appeal planning decisions
- Identify potential legal and planning risks before development begins
Charrette Law Firm provides planning and property legal services to landowners and developers across the UK.
Get Advice Before Developing Green Belt Land
If you are considering purchasing, developing or changing the use of Green Belt land, it is sensible to obtain planning advice before committing significant funds to the project.
A detailed assessment at an early stage can help determine whether the proposed development has a realistic planning route and what evidence may be required to support an application.
Conclusion
Green Belt planning permission is not impossible, but development proposals must be approached carefully.
Certain forms of development, including specified agricultural and forestry development, appropriate recreational facilities, proportionate extensions, replacement buildings and other qualifying development, may be treated as not inappropriate.
For other proposals, the applicant may need to establish very special circumstances or consider whether the current grey belt provisions apply.
The planning position will ultimately depend on the individual site, the proposed development, the local development plan and the relevant national planning policies.
For landowners and developers, obtaining specialist advice at an early stage can help identify the most appropriate planning strategy and avoid investing in a proposal that has limited prospects of success.
Frequently Asked Questions About Green Belt Planning Permission
Can you get planning permission on Green Belt land?
Yes. Planning permission can be granted for certain types of development on Green Belt land. The current NPPF identifies categories of development that are not considered inappropriate, while other proposals may require a stronger planning justification.
Can I build a house on Green Belt land?
Residential development on Green Belt land can be challenging, but it is not automatically prohibited. The planning position depends on the type of site, the development proposed and whether relevant Green Belt policies or exceptions apply.
What are very special circumstances in Green Belt planning?
Very special circumstances are considerations that clearly outweigh the harm to the Green Belt and any other harm caused by inappropriate development. The test is highly dependent on the individual proposal and its planning circumstances.
What is grey belt land?
Grey belt refers to certain Green Belt land identified under national planning policy as making a limited contribution to specified Green Belt purposes, subject to the detailed policy definition and assessment. Grey belt status does not automatically guarantee planning permission.
Can agricultural buildings be built on Green Belt land?
Certain agricultural and forestry buildings are identified as not inappropriate development under the current NPPF. Other planning requirements and restrictions may still apply.
Can I convert a Green Belt building into a house?
Some buildings may be capable of being reused or converted, depending on the applicable planning rights and policies. The building, proposed use and site circumstances must be assessed before relying on a conversion route.
Is Green Belt the same as protected countryside?
No. Green Belt is primarily a planning policy designation concerned with openness, preventing urban sprawl and the other Green Belt purposes. Other designations may provide separate forms of environmental or landscape protection.
Can Green Belt land become developable land?
Potentially. Green Belt boundaries can be altered through the plan-making process where the relevant policy tests are satisfied. Certain development may also be possible through the current grey belt provisions without automatically removing the land from the Green Belt.
