NPPF ‘grey belt’ planning guidance helpful for housebuilding projects

“Following the guidance, we expect sites to continue to come forward on the basis that they meet the grey belt tests,” said Elizabeth Nuttall, planning law specialist at Pinsent Masons.

Green belt land is designated to prevent urban ‘sprawl’, protect the countryside, and maintain the character of historic towns. However, with increasing pressure for housing and development, the government introduced the concept of ‘grey belt’ in the new NPPF, issued at the end of 2024, referring to areas within the green belt that may be suitable for development under certain conditions. Essentially, development of sites that meet the ‘grey belt’ definition and the criteria at paragraph 155 of the NPPF, which includes the ‘golden rules’ for major housing schemes, will no longer be an inappropriate development. If developments meet these rules, they do not have to demonstrate that ‘very special circumstances’ exist.

Before the new guidance was released, the policy was criticised, with critics questioning whether the new grey belt test would have any significant or lasting impact on planning decision making. However, there have already been a significant number of appeal decisions where schemes have been granted on the basis that they are not an inappropriate development as they have been deemed to meet the tests under the NPPF.

Nuttal said: “Since the concept of grey belt was introduced it is fair to say that the tests in the NPPF have not been applied consistently. Cue the new guidance which seeks to explain how to identify grey belt land and how to deal with proposals upon it.”

The updated guidance outlines several critical considerations for local authorities when assessing green belt land. For instance, authorities are required to evaluate the contribution of green belt land to its intended purposes. This assessment helps identify grey belt areas that might be suitable for development without undermining the overall integrity of the green belt. Any proposed development on grey belt land must consider its impact on the openness of the green belt, with the guidance emphasising that maintaining openness and permanence of the green belt is paramount. Additionally, authorities are encouraged to identify sustainable locations for development within grey belt areas. This includes considering accessibility to green spaces and the potential for creating new, accessible green areas as part of the development.

The guidance also provides specific instructions on how major housing developments on land released from the green belt should contribute to accessible green space. The aim is to ensure that new developments do not compromise the availability of green spaces for the community.

Nuttall said: “Whether the grey belt concept and subsequent guidance will help meet the government’s ambitious 1.5 million home target remains to be seen. Whilst there are many barriers to the government reaching this target, new housing schemes are beginning to come forward in the grey belt without the need to wait for local planning authorities to undertake a green belt review. This is therefore a positive step although it is unlikely by itself to get the government to 1.5 million new homes.”