Building on the green belt has been a hot topic for many years but the government’s new grey belt designation, included within the December 2024 version of the National Planning Policy Framework (NPPF), has opened up whole swathes of land for development, particularly in Cheshire East.
‘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), (b), or (d) in paragraph 143. ‘Grey belt’ excludes land where the application of the policies relating to the areas or assets in footnote 7 of the NPPF (other than Green Belt) would provide a strong reason for refusing or restricting development.
Paragraph 155 of the NPPF also refers to forms of development which are not inappropriate in the green belt. They are:
a. The development would utilise grey belt land and would not fundamentally undermine the purposes (taken together) of the remaining Green Belt across the area of the plan
b. There is a demonstrable unmet need for the type of development proposed
c. The development would be in a sustainable location, with particular reference to paragraphs 110 and 115 of this Framework
d. Where applicable the development proposed meets the ‘Golden Rules’ requirements set out in paragraphs 156-157 below
Given the above, there are likely to be hundreds of grey belt sites across Cheshire East. This means that sites which, for many decades, have been considered ‘undevelopable’ now have significant potential for residential or other forms of development.
What does this mean for landowners and developers?
Cheshire East Council has set out a programme for the creation of a new Local Plan. The update will be in the form of a single, new-style local plan, prepared under the government’s proposed reforms to the plan-making system.
The preparation of a new Local Plan presents an opportunity for landowners and developers to put their land forward for development. This normally starts with a ‘Call for Sites’ exercise. If you wish to promote a site, it’s important to get in early as it can be a case of ‘first come first served’. Our planners have worked in the public and private sectors (including Cheshire East Council) and have excellent working relations with Local Planning Authorities.
What is a Call For Sites?
Local planning authorities are required to provide an up-to-date, informative overview of sites suitable for housing and other kinds of developments. These sites should be documented within the Local Plan evidence base and provide sufficient housing and other land for the area to meet its projected needs over the length of the local plan period (normally 15-20 years).
A Call For Sites exercise is an early stage consultation that authorities use to source potential new sites. Property developers, landowners and other interested parties can submit their sites or locations to local authorities during the call for sites, which may help select future development sites. At the same time, a neighbourhood plan by a parish or town council might also issue a call for sites, which is another opportunity for submission.
What sites can be submitted?
A call for sites covers the majority of allocated land within the local plan and is therefore relevant to a range of prospective uses. Clearly, different councils will have different needs depending on their size, location and demographics but the requirement for land for residential development is uniform (with the exception of national parks) given the ongoing national housing shortage.
All types of land can be considered for development including agricultural, equestrian and previously developed land. Usually, sites that are located within or adjacent to the built-up boundaries of existing settlements are more likely to be allocated in local and neighbourhood plans. A call for sites will assess the development potential for a range of uses and will normally include:
- Residential – Small-scale, medium-scale and large-scale developments may all be submitted to a call for sites. National guidance requires that local authorities must consider all sites that can deliver at least five dwellings.
- Self-build or custom build housing sites of one or more dwellings.
- Commercial – Some councils are looking for sites that could accommodate commercial development with a floorspace of 500sqm or more. This can include a wide range of commercial uses such as offices, factories or retail.
- Biodiversity receptor sites with an area of 500sqm or more. This is the result of new legislation which came in effect earlier this year. Councils are looking for land that can be improved to provide gains in biodiversity across the Local Authority area and be managed for the next 30 plus years as sites dedicated to wildlife enhancement.
- Public Open Space relates to anything from formal parks to football pitches and green space or hard surfaced area (pedestrianised) that provide open access.
- Community Facilities is a broad term which encompasses uses within Use Class F2 of Business and Planning Act 2020
- Gypsy, Travellers or Travelling Show people sites of 500sqm or more.
What happens if my site is allocated?
If your site is selected for allocation within a local plan this means that the principle of development is acceptable. You would then have the option to submit a planning application to develop the site or sell it to a developer, safe in the knowledge that a significant uplift in land value has already been achieved?
Are there any alternatives to site promotion through the Local Plan?
It is not uncommon for applicants to bypass the Local Plan process where their land meets all of the grey belt criteria and submit a planning application. Since December, many applicants have taken this route and a significant number of grey belt sites have either been approved by local planning authorities or allowed by planning inspectors at appeal. In one recent case in Cheshire East, the grey belt designation of a site in Over Alderley, near Macclesfield, was pivotal in an Inspector’s decision to allow an appeal for “rebuilding works to provide 2 no. dwellings with associated works”. As the council cannot currently demonstrate a 5 year supply of deliverable housing sites, housing proposals clearly meet the criteria of demonstrable unmet need. In these circumstances, it is therefore clear that housing proposals on grey belt sites stand a good chance of success.
One clear benefit of submitting an application is that it is likely to be a much quicker process than seeking site allocation through the Local Plan process. On the flip side, the costs of preparing and submitting a planning application are likely to be significantly more than Local Plan promotion. Landowners and developers must therefore weigh up the pros and cons of each approach before deciding which route to take.
Advice from the Planning Experts – Get in touch
Our RTPI Chartered town planners bring a wealth of experience, having worked in the public and private sectors, and have excellent working relations with Local Planning Authorities, including Cheshire East Council.
If you have a site that you think would be suitable for development, please do get in touch on 01332 347371 or email enquiries@planningdesign.co.uk for advice on how we can help you.
Richard Pigott, Director, Chartered Town Planner, Planning & Design Practice Ltd
