Growing in the Green Belt

Tyler Parkes is delighted to have helped Hampton Garden Centre secure planning permission for their plans to improve their existing garden centre and commercial plant nursery.

The proposals would see a new sales kiosk and canopy to support an expanded sales range with indoor plants and products, relocated and new polytunnels creating better commercial growing opportunities, new modernized packing, distribution, storage, office and staff facilities to replace the existing building with added security and staff welfare. In addition, the proposals included the incorporation of a landscaping and maintenance business, a rural land-based business, to support and be supported by the existing businesses. Layout changes include revamped car parking as well as landscaping to provide enhanced biodiversity and improve the amenity of the public right of way.

Whilst the Garden Centre has a clearly defined site boundary and historically plant sales and growing had extended far wider across the site than today, its location within the Green Belt brought about all the usual planning challenges.

The mixed uses across the site (existing and proposed) and the overall increase in built development meant that the proposals did not qualify as an exception to Green Belt policies, such that it was necessary to demonstrate that the harm to the Green Belt and any other harms were ‘clearly’ outweighed by other considerations – the ‘Very Special Circumstances’ test.

The application was supported by a flood risk assessment, transport assessment, tree and ecological surveys, as well as a viability study to demonstrate how the proposals would support the economic stability of the existing garden centre and plant nursery business. A Biodiversity Net Gain Statement showed how the proposals would result in an uplift to biodiversity opportunity. All these factors together supported the argument that ‘Very Special Circumstances’ exist to justify the development in the Green Belt.

Planning permission was granted by Solihull Metropolitan Borough Council under delegated powers in March 2023.

Readers are advised that the legal requirement to demonstrate a minimum of a 10% Biodiversity Net Gain on proposals is due to come into force in November 2023. The calculation compares the pre-development habitat, or in the case of a site deliberately degraded, may be back-dated using relevant evidence. The proposed habitat gain should be delivered on site or potentially though compensatory habitat off-site in agreement with the relevant Council.