Revised NPPF – the Green Belt, Grey Belt and the Golden Rules

In the run up to the 2024 general elections, the Labour Government committed to the ambitious target of 1.5 million new homes over the course of this parliament. We previously commented on the consultation and the proposed changes to the NPPF and how this would address housing targets. The Government have now published the long-awaited revisions to the National Planning Policy Framework (NPPF) in order to align with their commitments.

Grey Belt Land

Nearly a year after the term ‘Grey Belt’ was first introduced, we now have a definition entrenched in policy. For the purposes of plan-making and decision-making, the NPPF defines the Grey Belt 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 (other than Green Belt) would provide a strong reason for refusing or restricting development.”

The Government initially proposed that previously developed land in the Green Belt which did not contribute to any of the five Green Belt purposes contained within paragraph 143 could constitute Grey Belt land. The revised wording enables local planning authorities to unlock land for housing while protecting the most valuable ecological and recreational areas. There are arguments that this policy offers a pragmatic solution particularly for those areas with constrained Green Belt boundaries while others are concerned that the policy could lead to a slippery slope eroding protections for semi-rural areas. Further guidance on Grey Belt land is expected in January 2025. 

Development in the Green Belt - Golden Rules 

The NPPF sets out that where Green Belt land is released for development through plan making or review, certain “Golden Rules” should apply. In particular, the Golden Rules apply where major development involving housing is proposed on such sites: 

Affordable Housing. Developers were hoping that the Government would scrap their initial proposals requiring major development to provide at least 50% affordable housing. Instead, affordable housing provision must reflect the requirements of development plans produced in accordance with paragraph 67-68 of the NPPF or provide at least 15% above the highest existing affordable housing requirement in local policies (capped at 50%).  Where there is no affordable housing requirement then the 50% provision would apply by default. Updates to the planning policy guidance (PPG) clarify that the 15% uplift applies regardless of local affordable housing provisions being subject to viability. We expect further guidance on the consideration of site-specific viability. 

Infrastructure. New development must contribute to necessary local and national infrastructure such as education or healthcare facilities.   

Green spaces. Development must include improvements to existing green spaces or provide new green spaces which are accessible by the public (i.e within walking distance from new homes). Such green spaces should contribute positively to the landscape setting of the development and must either meet local standard for green space (if applicable) or relevant national standards.

When determining planning applications, local planning authorities will now need to give significant weight in favour of permission where development complies with the Golden Rules.

Further policy guidance will be keenly awaited. Although the changes indicate a positive direction towards greater delivery of housing, we expect many decisions will be the subject to litigation as the definition of Grey Belt land and associated policy is trialled and tested.