A Practical Guide to Securing Planning Permission on Grey Belt Land in the Green Belt

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