What is Grey Belt?
Grey belt is a new term introduced in the draft NPPF (consultation version 2024) which provides substantial new opportunities for landowners and developers to develop Green Belt brownfield / previously developed sites.
The new definition of Grey Belt is:
‘Grey belt: For the purposes of plan-making and decision-making, ‘grey belt’ is defined as land in the green belt comprising Previously Developed Land and any other parcels and/or areas of Green Belt land that make a limited contribution to the five Green Belt purposes (as defined in para 140 of this Framework), but excluding those areas or assets of particular importance listed in footnote 7 of this Framework (other than land designated as Green Belt).’
Green belt / Grey belt
Green belt land is currently protected, with development considered inappropriate, with very limited exceptions.
Grey belt land provides a new, and broad, exception to this rule.
New paragraph 152 of the draft NPPF states:
152. In addition to the above, housing, commercial and other development in the Green Belt should not be regarded as inappropriate where: a. The development would utilise grey belt land in sustainable locations, the contributions set out in paragraph 155 below are provided, and the development would not fundamentally undermine the function of the Green Belt across the area of the plan as a whole; and b. The local planning authority cannot demonstrate a five year supply of deliverable housing sites (with a buffer, if applicable, as set out in paragraph 76) or where the Housing Delivery Test indicates that the delivery of housing was below 75% of the housing requirement over the previous three years; or there is a demonstrable need for land to be released for development of local, regional or national importance. c. Development is able to meet the planning policy requirements set out in paragraph 155.
Ergo, where certain criteria are met as above, a green belt brownfield site may be considered appropriate for development.
Particularly where the council is unable to demonstrate a robust Housing Delivery Test / lack of land supply.
In tandem with this, the government has suggested an update to the Housing Delivery Test which would in many areas increase the required level of delivery, meaning many councils will no longer be meeting the test even if they were previously.
Other points to note
It should also be noted that the para 151 ‘exceptions’ to inappropriate development (e.g. appropriate) have been amended at point g from ‘not have a greater impact on openness’ to ‘not cause substantial harm to the openness of the Green Belt’. This is a small but potentially significant change where ‘limited infilling or the partial or complete redevelopment of previously developed land, whether redundant or in continuing use (excluding temporary buildings)’.
And further the questions and notes released alongside the draft NPPF suggest that:
‘We are also interested in whether it would be beneficial to expand the definition of PDL in the NPPF to include hardstanding and glasshouses’
Given many councils consider hardstanding to not automatically equal previously developed or brownfield land, this could represent additional opportunities.
The Rules
Draft NPPF paras 155-157 provide more detail on the rules that will govern grey belt release:
155. Where major development takes place on land which has been released from the Green Belt through plan preparation or review, or on sites in the Green Belt permitted through development management, the following contributions should be made: a. In the case of schemes involving the provision of housing, at least 50% affordable housing [with an appropriate proportion being Social Rent], subject to viability; b. Necessary improvements to local or national infrastructure; and c. The provision of new, or improvements to existing, green spaces that are accessible to the public. Where residential development is involved, the objective should be for new residents to be able to access good quality green spaces within a short walk of their home, whether through onsite provision or through access to offsite spaces.
156. Regarding the provision of green space, development proposals should meet local standards where these exist in local plans, for example local planning policies on access to green space and / or urban greening factors. Where no locally specific standards exist, development proposals should meet national standards relevant to the development. These include Natural England standards on accessible green space and urban greening factor and Green Flag criteria.
157. Additional guidance on viability considerations for development in the Green Belt is provided in Annex 4.
These paragraphs are notable for their requirement to consider viability in the delivery of high percentages of affordable housing. The viability considerations noted are broad, and refer to a new Annex which, while in rough draft form, has an aspiration towards setting benchmark value for grey or green belt sites at an artificially low level:
1) To determine land value for a viability assessment, a benchmark land value should be established on the basis of the existing use value (EUV) of the land, plus a reasonable and proportionate premium for the landowner. For the purposes of plan-making and decision taking, it is considered that a benchmark land value of [xxxx] allows an appropriate premium for landowners. Local planning authorities should set benchmark land values informed by this, and by local material considerations.
What does this all mean?
Very broadly, if you have a plot of previously developed land in the green belt which might previously not have been considered appropriate for development – it may now be able to secure planning permission.
There will broadly be a 3-part test to complete to demonstrate your site complies with the NPPF’s requirements:
1. Assessment of council land supply and housing delivery (including market and affordable housing need).
2. Previously Developed Land Sustainability assessment (proving the site is Grey Belt, sustainable and doesn’t cause significant harm to openness).
3. Grey Belt Affordable Housing & Viability Assessment (assessing maximum and optimum viable market and affordable housing delivery to justify grey belt release).
S106 Management can assist with these requirements through submission of our Grey Belt Assessment reports, which cover all three of the above points.
Call us today to discuss your grey belt site.
