Planning – Green Belt, Grey Belt, the Golden Rules, and a few recent cases

There is currently a lot going on in the planning world – the NPPF24 was published in December 2024, updates were issued to the Planning Practice Guidance (PPG) on 27 February 2025, and the Planning and Infrastructure Bill was published on 11 March 2025.  A lot to process in a relatively short amount of time.

This legal update focusses on the NPPF24, and specifically, the concept of the new “Grey Belt” policy, as well as touching upon a few appeal decisions relating to sites in the Grey Belt.

Grey Belt

The Government has set an ambitious target of delivering 1.5 million new homes over the duration of this Parliament. One of the key policies they have introduced in order to facilitate this, is the concept of the Grey Belt. Before we explore the concept of the Grey Belt, it is important to understand the function of the “Green Belt” in the context of planning & development. Green Belt land is a designated area of countryside designed to prevent “urban sprawl”, the merging of neighbouring towns, preserve the character of historic towns, and protect the countryside (paragraph 143 a – e of NPPF24). Prior to the updated NPPF24, development in the Green Belt (with the exception of those regarded as appropriate) was regarded as inappropriate and would have needed to demonstrate very special circumstances in order to be permitted.

The Grey Belt is defined as land in the Green Belt comprising previously developed land and/or any other land that, in either case, does not strongly contribute to any of purposes (a) To check the unrestricted sprawl of large built-up areas, (b) To prevent neighbouring towns merging into one another, or (d) To preserve the setting and special character of historic towns – paragraph 143.

Following the establishment of the Grey Belt, recent appeal decisions and planning committee decisions have shown an encouraging trend in terms of bringing new developments forward.

Appeal Decisions and Planning Committee Decisions

24/00762/OUT – Land West of Laindon Road, Billericay, Essex (the “Laindon Road” Decision)

• The Laindon Road decision was granted on 23 April 2025. It is one of the first planning committee decisions to be made with the new policy requirements of the NPPF24 in place.
• The Local Planning Authority (“LPA”) granted the applicant an outline consent for up to 250 homes on a site in the Green Belt near Basildon.
• The Planning Case Officer concluded that the site in question was Grey Belt having considered whether the development made a strong contribution to Green Belt purposes (a), (b) or (d).
• The Officer also concluded that the site met the new definition of the “Golden Rules” for releasing land in the Green Belt (the Golden Rules are set out at paragraph 156 of the NPPF24). In short, the Golden Rules deal with affordable housing, infrastructure, and green spaces. When determining planning applications, LPAs need to give significant weight in favour of permission where development complies with the Golden Rules.

Appeal Ref: APP/M1520/W/24/3351658 – Land adjoining 451-469 Daws Heath Road, Hadleigh, Essex, SS7 2UG (the “Hadleigh Appeal”)

• The Hadleigh Appeal decision was granted on 15 April 2025. The appellant was seeking permission to construct 173 new dwellings.
• The main issue in the appeal was whether the proposal would be inappropriate development in the Green Belt.
• Paragraphs 21, 22 and 23 of the appeal decision set out the Inspector’s Green Belt analysis. In short: “Villages should not be considered large built-up areas. The appeal sites cannot therefore contribute to Green Belt purpose (a)”… and “Given that Daws Heath is a village, the appeal site cannot contribute strongly to Green Belt purpose (b) which is to prevent neighbouring towns merging into one another”. The Green Belt Planning Practice Guidance confirms that purpose (b) relates to the merging of towns, not villages.

Appeal Ref: APP/V4630/W/24/3347424 – Land off Chapel Lane, Great Barr, Walsall (“The Walsall Appeal”)

• The Walsall Appeal decision was granted on 14 February 2025.
• The proposed development is for the construction of a temporary 49.35MW battery energy storage facility.
• The LPA refused the application for 9 reasons (see Annex C of the appeal decision). The main issues in the appeal were: whether the proposal would be inappropriate development in the Green Belt; the effect on openness; the effect on the character and appearance of the area; the effect on heritage assets; effect on the living conditions of residents with particular reference to noise, the effect on the supply of agricultural land; and whether the harm by reason of inappropriateness, and any other harm would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal.
• The Inspector assessed whether the scheme contributed to the Green Belt purposes (a) and (b). The parties agreed that limb (d) was not relevant. The Inspector concluded that the site did not “strongly” contribute to purpose (a) and (b), and, therefore, the site falls to be considered as Grey Belt.
• However, for the proposal to be considered appropriate development, it must satisfy all of the criterion, a to d, listed in Framework paragraph 155. The Inspector concluded that the relevant criteria outlined in Framework paragraph 155 were met.

Conclusion

Although the updated NPPF24 has been in force for only a few months, Inspectors appear to be following a clear structure in relation to assessing sites in the Green Belt: the application of the Grey Belt criterion (para 143 [a], [b] and [d]) and the paragraph 155 tests (plus the Golden Rules). Once these requirements are satisfied in full, then a conclusion can be made that the scheme will not constitute inappropriate development.

No doubt we should see plenty more appeal decisions emerging over the next several months, and a likely increase in planning applications on Green Belt sites. Developers will be hoping that the shortage in housing land supply coming through, a progressive NPPF24, and a Labour Government committed to “lifting the bureaucratic burden which has been holding back development for too long”, will lead to appropriate parts of the Green Belt becoming unlocked for development. Build Build Build!

If you have any issues or questions regarding the Bill or its implications please do contact either Stephen Brower or any member of the Property team to discuss further.

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