‘A Practical Guide to Securing Planning Permission on Grey Belt Land in the Green Belt’ by James Corbet Burcher

Description

The Government’s new Grey Belt policy is the most significant innovation in Green Belt policy in the past 70 years. This book examines how the policy supports grants of permission on qualifying land, ahead/outside of the plan-making process.

The book is in two parts:

Part I set out the general framework, including the history of Grey Belt policy and its role within wider Green Belt policy and planning legislation. Individual chapters then provide general practical advice for planning applications, planning appeals and High Court challenges.

Part II then examines the policy text in greater detail. Each of the four Criteria (NPPF 155a-d) are considered individually. Part II also considers Very Special Circumstances as a fallback position.

The book will be of use to all those promoting development on Grey Belt land in the Green Belt and those making decisions upon applications.

ABOUT THE AUTHOR

James Corbet Burcher is a planning barrister at No5 Chambers.

He has acted in many Green Belt cases since 2012, including residential and commercial development of all kinds.

In March 2025, he secured permission for one of the first Grey Belt residential schemes at appeal.

He regularly advises development industry clients on Grey Belt applications and acts for them at appeal inquiries/hearings and plan examination hearings.

CONTENTS

INTRODUCTION

PART I: THE GENERAL FRAMEWORK
Chapter 1: What is Grey Belt Policy?
Chapter 2: The History and Development of Grey Belt Policy
Chapter 3: The Decision-Taking Context
Chapter 4: The Plan-Making Context
Chapter 5: Planning Applications
Chapter 6: Planning Statements and Other Documents
Chapter 7: Planning Appeals
Chapter 8: Judicial Review and Statutory Review

PART II: THE POLICY TESTS

CRITERION A
Chapter 9: Green Belt Purpose A
Chapter 10: Green Belt Purpose B
Chapter 11: Green Belt Purpose D
Chapter 12: Previously Developed Land
Chapter 13: “Strong Reason for Refusal” Policies
Chapter 14: All Green Belt Purposes Across the Whole Plan Area

CRITERION B

Chapter 15: Demonstrable Unmet Need

CRITERION C

Chapter 16: Sustainable Location

CRITERION D

Chapter 17: Golden Rule (1): Affordable Housing
Chapter 18: Golden Rule (2): Necessary Infrastructure
Chapter 19: Golden Rule (3): Publicly Accessible Greenspace

OTHER POLICIES

Chapter 20: Very Special Circumstances as a Reserve Position
Chapter 21: The Presumption in Favour of Sustainable Development

CONCLUSION

Chapter 22: Conclusions and Future Reforms