Published: 19th November 2024
Area: Planning
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Grey belt decision tracker: the growing appeal of grey belt
Planning | Blog
Despite the exact definition of grey belt is yet to be confirmed in the new NPPF (expected December 2024), we are seeing a growing number of appeal decisions reference the ‘grey belt’.
In the following tracker, we analyse the evolving weight attached to the grey belt and how it is being interpreted, in current decisions.
The new NPPF will bring with it immediate change in interpretation and influence, however, the proposed definition of grey belt is subjective, and therefore case law will play an important role in achieving future development approval.
Grey belt observations
At this stage, decisions only attach ‘limited weight’ to the emerging grey belt proposals as it is not known whether the suggested wording will be carried forward to adoption or whether it will be subject to further amendments.
Summary of decisions
To date, inspectors refer to grey belt in five appeal decisions, (four residential and one commercial). All the appeals have been dismissed, and unsurprisingly given the current national policy position, none of the sites are considered to be grey belt. Notably the residential proposals are small (2 to 12 dwellings) and proposals do not include 50% affordable housing provision.
| Case | Decision |
|---|---|
| APP/B1930/W/23/3325998 – DISMISSED (23 September 2024) Bucknells Drive, St Albans City and District (12 bungalows) |
Not grey belt. Undeveloped land, edge of settlement with built form on two edges, enclosed by and including some woodland. Not considered to be infill. 41% affordable housing carries significant weight. |
| APP/R0660/W/24/3339806 – DISMISSED (23 September 2024) Brooklyn and Broomfield, Cheshire East (2 dwellings) |
Not grey belt as inspector considers the site makes a significant contribution to one of the five green belt purposes. Notably the site is small. Inspector states that grey belt is previously developed land or land which makes a limited contributions towards green belt purposes. |
| APP/N0410/W/23/3335048 – DISMISSED (13 August 2024) Grenville Lodge, Buckinghamshire (2 dwellings) |
Not grey belt as site lies within 500m buffer of Special Area of Conservation. |
| APP/X4725/W/24/3347440 – DISMISSED (11 October 2024) Darrington Service Station, Wakefield (detached food to-go building) |
Not grey belt as limited weight given to proposed changes to NPPF, in spite of agreement that the site is previously developed land. Proposals include 300% increase in volume of built development. |
| APP/M1595/W/23/3336013 – DISMISSED (29 October 2024) Gammon Staples Farmhouse, Orsett, Thurrock |
Not grey belt as proposed changes to national policy are still being assessed. Inspector comments that regardless of whether the site is PDL or not, the proposals would have a greater impact on openness. |
| APP/V1505/C/23/3314641 – ALLOWED (19 November 2024) Canford Avenue, Wickford, Essex (against enforcement notice for 1 dwelling and associated development) |
Reference to Written Ministerial Statement of 30 July 2024 and draft NPPF which includes “grey belt”, noting grey belt sites have little ecological value, are inaccessible to the public, are located at settlement edges with little aesthetic or environmental value. The site is grey belt. |
Please do get in touch with Roland and our team, as we are working on many Green Belt sites, including potential grey belt sites, across the country where we are pulling together planning applications and making representations to Local Plans. We would be delighted to help you formulate and update your strategy in response to future changes to national policy to help achieve your development aspirations.
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