GREEN BELT LAND

Is getting planning approval an impossible task in land designated as Green Belt?

Introduced in the 1950s, it is well-intentioned with its fundamental aim being to prevent urban sprawl by keeping land permanently open. It specifically serves 5 purposes:

1. To check the unrestricted sprawl of large, built-up areas.

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.

5. To assist in urban regeneration by recycling derelict urban land.

However, there are some significant considerations to be borne in mind by local authorities when designating land as Green Belt. Not least of which is that once established, these policies can only be overcome, or the boundary of the Green Belt changed, through considerable effort demonstrating exceptional circumstances which are fully evidenced and justified.

Green Belt Drawbacks

Given an essential characteristic of Green Belts is their openness and their permanence in the long term, by its very nature, Green Belt designation prevents most forms of development other than agricultural and forestry enterprises or for outdoor sport and recreation. That development which is permitted remains described as “inappropriate” and thus any development is always described in negative terms, making its promotion more difficult than is often necessary.

It reduces the amount of developable land for housing. The OECD found that the responsiveness of housing supply to demand in the UK was the weakest among developed countries, and largely attributed that to Green Belt policies. Less homes being built leads to higher prices and less sustainable rural communities as people are priced out of an area.

It also reduces the amount of land available for economic development.  For those looking at tourism uses that aren’t directly linked to outdoor sport and recreation, energy projects or new small scale commercial ventures, these can be incredibly challenging to bring forward.

Changes To Green Belt Designation In England

Nationally, there has been a noticeable shift towards local authorities releasing Green Belt for both housing and employment development. In the year ending 31st March 2022, fourteen local authorities changed their Green Belt designation. Twelve authorities reduced their designation by releasing a combined total of 2,760ha (6,820 ac), and two increased their area by a combined total of 26,920ha (66,520 ac).

Northumberland Bucking The Trend

99.5% of the increased designation was in Northumberland which now has a Green Belt 3 times the size of that protecting London. The very significant increase in the Northumberland Green Belt is centred upon Morpeth, which is arguably not a large built-up area and is at very low risk of merging with another town. The designation of 26,790 hectares (66,200 acres) of additional land as Green Belt is unlikely to do anything to assist with urban regeneration, but places significant restrictions on what those who live and work within it can do.

Stringent Application Of The Rules

The Green Belt policy places the onus on the developer to demonstrate the very special circumstances that would allow planning permission to be granted, and that burden of evidence is hard to meet.

One of the most notable cases involving GSC Grays was for a client who was unable to bring forward planning for a modest holiday lodge development just 100m within the Green Belt boundary. Permission was refused because the council deemed it an inappropriate development that would cause unacceptable harm to the Green Belt. This was determined on the basis that not all visitors would participate in the outdoor sport and recreation opportunities which already existed on site and were being expanded as part of the application.

Challenging the decision would be costly and having already spent 4-5 times the cost of a normal planning application due to the Green Belt policy, you have to be confident in your scheme to invest more in the process when a recommendation to refuse consent is highly unlikely to be overturned on appeal.

WHAT NEXT FOR NORTHUMBERLAND?

The adoption of the Local Plan in Northumberland means the Green Belt policies are now set for the next 10-15 years. For a county as rural as Northumberland to put in place policies which effectively prevents economic development for many of its constituents, seems frankly madness. It will be interesting to see how the impact of this decision plays out and is an illustration of why engaging in the plan making consultations run by local authorities is important.

IS GAINING PLANNING APPROVAL THE IMPOSSIBLE TASK?

While gaining planning approval is exceptionally difficult, it isn’t altogether impossible. There is no outright ban on development in the Green Belt. Indeed, we work with clients who have been successful, gaining permission for the construction of agricultural sheds and an Anaerobic Digestion plant. That said, the costs and risks needed to achieve that success were far greater than would have been the case had their land not been designated Green Belt.

A full review of the policies affecting a site and a hardheaded sense check on any proposed development are essential before getting too far down the line with a development within the Green Belt.