Green Belt

History

In 1944 the Greater London Plan proposed a Green Belt within which no new settlements would be allowed and where the expansion of existing communities would be very restricted. Post-war new towns have become established outside the area and although London has continued to develop the Green Belt has survived fairly well intact.

Under the 1947 Town and Country Planning Act, County Development Plans were prepared which proposed a Green Belt slightly smaller than that contained in the Greater London Plan. In 1955 the Ministry of Housing and Local Government issued a Circular on Green Belts which extended the principle to cities other than London. The Circular asked local authorities to designate Green Belts, where desirable, in order:

• to check the physical growth of large built-up areas;
• to prevent neighbouring towns merging into one another;
• to preserve the special character of a town.

The policy was soon widely accepted and gained widespread appeal not only to local authorities but also to the public. Over the years there have been various studies and Circulars that have considered the Green Belts and the need for housing land. Concern was expressed following a 1984 circular that the Government was intending to relax Green Belt policy. But, if anything the need for land for housing actually strengthened the commitment to retaining the Green Belts. Green Belt policy probably enjoys even more widespread support today than it ever did, although it is not without its critics.

National Guidance

Government policy is currently set out in Planning Policy Guidance Note No. 2 "Green Belts" which was issued in 1995 and which replaced an earlier version of the same name.

Planning law and guidance is not static and is changed not only by differences in approach proposed by the Government but also by case law. The current guidance has sought to strengthen Green Belt policy, to clarify its interpretation and take on board decisions made by the courts.

PPG2 explains that the fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the most important attribute of Green Belts is their openness. The PPG sets out the purposes of including land in a Green Belt:

• to check the unrestricted sprawl of large built-up areas;
• to prevent neighbouring towns from merging into one another;
• to assist in safeguarding the countryside from encroachment;
• to preserve the setting and special character of historic towns; and
• to assist in urban regeneration by encouraging the recycling of derelict and other urban land.

PPG 2 goes on to explain that once Green Belts have been defined, the use of land in them has a positive role to play in fulfilling the following objectives:

• to provide opportunities for access to the open countryside for the urban population;
• to provide opportunities for outdoor sport and outdoor recreation near urban areas;
• to retain attractive landscapes, and enhance landscapes, near to where people live;
• to improve damaged and derelict land around towns;
• to secure nature conservation interest; and
• to retain land in agricultural, forestry and related uses.

Presumption against development

Inappropriate development

Under the Town and Country Planning Acts there is a presumption in favour of development. However within the Green Belt this situation is reversed and there is a general presumption against inappropriate development. Such development should not be approved, except in very special circumstances.

Inappropriate development is by definition harmful to the Green Belt. Very special circumstances will not exist unless the harm by reason of inappropriateness, and any other harm to the Green Belt, is clearly outweighed by other considerations. This is a tough test and it is for the applicant to show why permission should be granted. Whilst it is for the local planning authority to judge the special circumstances being put forward it would be unreasonable to give weight to a matter which national policy is unlikely to view as a very special circumstance. For example the fact that something can or cannot be seen should not be a determining factor. Planning applications for inappropriate development will, therefore, by their very nature, conflict with the development plan and if the Council wishes to grant permission the proposal must be treated as a departure from the development plan and referred to the Secretary of State.

Quality of the landscape

The quality of the landscape is not relevant to the continued protection of the Green Belt. Applicants may try to argue in support of proposals that land that is already degraded in some way is not worthy of continued protection. This is not a determining factor and the purposes of including land within a Green Belt are of paramount importance and should take precedence over land use objectives.

More Information

For mor information on how Green Belt policy applies to particulat types of development the policies in the Local Plan should be read. Supplementary planning guidance on extensions to dwellings in the Green Belt and the conversion of buildings in the Green Belt is also available.