High Court confirms councils cannot use “openness” to block Grey Belt schemes
- TP Editorial Team
- Sep 26
- 1 min read
A recent High Court ruling has provided important clarification for developers and landowners promoting sites in the grey belt.
The Court confirmed that once a scheme is judged to be “not inappropriate” under the National Planning Policy Framework (NPPF 2024), councils cannot fall back on green belt openness as a reason to resist development.
This builds on the Lee Valley case and now takes on new significance because of the grey belt policy, which has widened the scope of what counts as “not inappropriate” development.
Why this matters:
Councils’ arguments weakened: Local authorities will find it far more difficult to resist proposals simply by claiming a loss of openness.
Grey belt strengthened: If land meets the grey belt tests, openness is no longer a decisive issue.
Developer confidence: Promoters can take greater assurance that permissions in Green Belt are less likely to be overturned on openness grounds.
Strategic focus: Councils must now concentrate on whether a site genuinely meets the grey belt criteria, rather than relying on generic Green Belt arguments.
Opportunities for landowners:
For those with land in the Green Belt, this is a significant shift. Sites that fall within the grey belt definition now stand a stronger chance of success at appeal.
At Tyler Parkes, we are already working with landowners to identify and promote suitable grey belt sites. This ruling provides further confidence
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