What can you build in the Green Belt?

The extent of land designated as Green Belt as of 31st March 2021 was estimated as 1,614,000 hectares. That equates to 12.4% of the land area of England. For many people living in the Green Belt, or who own land within it, it can be challenging to know what you can do with your property or land.

In this article, I’ll discuss what is considered ‘appropriate’ development within the Green Belt. Although the answer will vary depending on your circumstances.

Green Belt Policy

The government attaches great importance to Green Belts. The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open.

The essential characteristics of Green Belts are their openness and their permanence.

Green Belt serves 5 purposes:

(a) to check the unrestricted sprawl of large built-up areas;

(b) to prevent neighbouring towns merging into one another;

(c) to assist in safeguarding the countryside from encroachment;

(d) to preserve the setting and special character of historic towns; and

(e) to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

Inappropriate development is, by definition, harmful to the Green Belt and LPAs will not approve except in very special circumstances. However, there are a list of exceptions to this rule:

• buildings for agriculture and forestry;
• the provision of appropriate facilities (in connection with the existing use of land or a change of use) for outdoor sport, outdoor recreation, cemeteries and burial grounds and allotments; as long as the facilities preserve the openness of the Green Belt and do not conflict with the purposes of including land within it;
• the extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building;
• the replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces;
• limited infilling in villages;
• limited affordable housing for local community needs under policies set out in the development plan (including policies for rural exception sites); and
• not have a greater impact on the openness of the Green Belt than the existing development; or
• not cause substantial harm to the openness of the Green Belt, where the development would re-use previously developed land and contribute to meeting an identified affordable housing need within the area of the local planning authority.

Is my proposal ‘appropriate’ development in the Green Belt?

But what if your proposals do not fall within one of these exceptions?

The LPA will require you to demonstrate “very special circumstances”. However, “very special circumstances” will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm resulting from the proposal, is clearly outweighed by other considerations.

It can be complex, so if you are planning on changing the use of land or property, or building new development on Green Belt land. We can help you determine whether your proposal falls within one of the ‘exceptions’. Or whether you would have to demonstrate ‘very special circumstances’ for the development.

When it comes to extending your home in the Green Belt, the assessment will be whether the extension or alteration would result in disproportionate additions over and above the size of the original building. This assessment will be subjective and a matter of judgement. Ultimately decided upon whether the proposals cause harm to the ‘openness’ of the Green Belt.

The recent Supreme Court decision in R.(oao Samuel Smith Old Brewery) v Yorkshire County Council [2020] UKSC 3 [1] confirmed that “matters relevant to openness in any particular case are a matter of planning judgement, not law” (para 39). The judgment reinforces guidance set out in PPG Paragraph: 001 [2] on the factors to be taken into account when considering the potential impact of development on the openness of the Green Belt, namely; “openness is capable of having both spatial and visual aspects – in other words, the visual impact of the proposal may be relevant, as could its volume”.

However, each Green Belt proposal will contain its own unique issues. If you are unsure about your Green Belt project and whether it falls under the banner of permitted development or planning permission or for any other enquiries, please get in touch and Simple Planning Solutions can advise on the most efficient way to proceed with your development plans.