With relaxed criteria for exceptions, the introduction of the Grey Belt, and increased housing targets, much attention has been on housing delivery. However, the effects on non-residential developments are often overlooked. In this article, Associate Director Oli Eves explores what these changes mean for non-residential development. 

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Proposed paragraph 142 of the NPPF states that once Green Belt boundaries are established, they should only be altered in fully evidenced and justified exceptional circumstances. These can include cases where authorities cannot meet needs for housing, commercial, or other development through alternative means. When such circumstances arise, authorities must review Green Belt boundaries and propose changes unless doing so would fundamentally undermine the Green Belt’s function. This suggests that assessments of commercial and other development needs, beyond just housing which form the evidence base for Local Development Plans, could potentially force the release Green Belt land. 

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The stipulations of draft Paragraph 144 should be acknowledged here, as it sets a hierarchy for Green Belt release meaning that there is not an automatic default to Grey Belt land when local needs are identified. As expected, the starting point will be a consideration of previously developed land, then Grey Belt land in sustainable locations, and finally, other sustainable Green Belt locations. This hierarchy applies to all forms of development and for the purposes of the following commentary, it is assumed that it has been applied.  

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Paragraph 152 introduces the Grey Belt concept, stating that commercial and other forms of development in the Green Belt may be allowed if: 
 

• The development uses Grey Belt land in sustainable locations, meets Paragraph 155 conditions, and does not undermine the Green Belt’s overall function; 

• The local authority cannot demonstrate a five-year supply of deliverable housing sites, housing delivery has fallen below 75% of the required amount over the past three years, or there is a clear need for land for locally, regionally, or nationally significant development; 

• The development meets the policy requirements in Paragraph 155. 

 

While much of the commentary has focused on housing, Paragraph 152 clearly states that commercial and other types of development will be assessed in a similar manner. The key difference? Developers will need to demonstrate that the project addresses a significant need at the local, regional, or national level (as per 152B).  

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There is no formal definition of "importance," but it wouldn't be surprising if a similar scale to that used in "Very Special Circumstances" cases were applied, such as ‘substantial importance’ or ‘less than substantial importance,’ which would then feed into the planning balance assessment.  

Interestingly, the NPPF doesn’t provide detailed criteria for determining these different scales of need, which allows developers a notable degree of flexibility. For those in non-residential sectors, this is not entirely new. Demonstrating need is the foundation of any site-search strategy, so in many cases, developers will already have done the groundwork before financially committing to a Green Belt site. If the site qualifies as Grey Belt, the justification required to satisfy Paragraph 152(B) is therefore likely to be ready. 

 

Developers of such sites will also be required under Paragraph 155 to either provide new infrastructure and open space as part of the scheme, or make contributions to that effect. This, of course, could introduce physical constraints on the developable area or affect the viability of a scheme if the required contributions are burdensome. 

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As we draw nearer to the formal publication of the revised NPPF and associated guidance, we expect further clarity to be provided on the above. As and when this occurs, we will update accordingly.  

At NJL, we are already advising on several sites within the newly designated Grey Belt and are well-equipped to offer early guidance on both residential and non-residential uses. So, if you are navigating the complexities of these revised policies, reach out—we’re here to help!