Own an underutilised, brownfield, backland or ‘Grey Belt’ development site?

This is What you Need to Know...

Brownfield First - and Harder to Refuse

National planning policy has significantly strengthened the "brownfield-first" approach to housing delivery. Previously developed land within settlements is now to be treated as acceptable in principle for development.

The definition of brownfield land has also been widened. Large areas of fixed surface infrastructure and hardstanding, think car parks, depots, yards and similar sites, now fall within the definition of previously developed land. There also continues to be strong policy support for redeveloping underutilised, backland and airspace development sites.

The direction of travel is towards what has been described as a "brownfield passport", where well-designed schemes on brownfield land within settlements should, in principle, receive support for redevelopment from local planning authorities. Where councils resist compliant schemes, developers now have meaningfully stronger grounds at appeal under the reinforced presumption in favour of sustainable development.

Grey Belt - A New Route Through the Green Belt

Perhaps the most headline-grabbing change is the introduction of the "Grey Belt" a new category of Green Belt land that can be released for development under specific conditions.

Grey Belt is defined as Green Belt land that is either previously developed, or that makes only a limited contribution to Green Belt purposes, and which does not include land of particular environmental or heritage importance. In plain terms, the scrappy, underperforming parcels of Green Belt land that does not prevent urban sprawl or towns from merging, has significant development potential. Accordingly, the development potential of any sites adjoining an existing settlement should be reviewed.

The significance of this cannot be overstated. For decades, the Green Belt operated as a near-blanket prohibition, requiring applicants to demonstrate "very special circumstances" to justify development. Under the new framework, Grey Belt sites that meet the relevant tests are no longer treated as inappropriate development, removing that high hurdle entirely.

Sites Close to Stations

One of the most significant, and perhaps underreported, proposed changes to national planning policy is the explicit policy support for development within walking distance (distance of 800m being considered) of railway stations, including those located within the Green Belt.

The revised framework makes clear that homes within walking distance of stations are not inappropriate development in the Green Belt, subject to meeting the relevant criteria. This is a material departure from the previous position, where such proposals typically had to clear the "very special circumstances" bar.

The rationale is straightforward: proximity to rail is one of the strongest indicators of sustainable location. Centre for Cities has estimated that relaxing restrictions around urban rail stations could unlock approximately 1.8 million additional homes in and around major cities.

For those with land near commuter rail, metro or tram stops, whether brownfield, Grey Belt or otherwise, the policy environment has shifted decisively in your favour.

What this Means in Practice

The cumulative effect of these changes is a planning system that is, at least in policy terms, more permissive for the right sites in the right locations. The key takeaways for those active in the land and development market are:

1. Brownfield sites within settlements now carry a stronger presumption of acceptability and a wider range of sites qualify as brownfield than before.     
    
2. Grey Belt land offers a new route to navigate through existing Green Belt policies for poorly performing sites, without the need to prove very special circumstances.         
    
3. Sites near railway stations, including those in the Green Belt, have explicit national policy support for residential development.

The revised and emerging policy framework is creating a once in a generation and potentially time-sensitive opportunity to bring forward development sites.

Our Planning team has extensive experience working on Green, Grey and brownfield sites across the country. For a no-obligation review of the development potential of your site, please get in touch.