for Bath amp North East Somerset Council 1 July 2015 Councillor Training Planning Mike Muston Muston Planning muston planning Green Belt Important part of Government agenda in planning since 1930s ID: 494164
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Slide1
muston planning for Bath & North East Somerset Council
1 July 2015
Councillor Training – Planning
Mike Muston – Muston Planning
muston planningSlide2
Green BeltImportant part of Government agenda in planning since 1930s Five purposes of including land in Green Belts
check sprawl of built-up areas
prevent towns from merging into one another
safeguard countryside from encroachment
preserve setting & character of historic towns
encourage use of urban land
muston planningSlide3
National Planning Policy Framework (NPPF)Paras 79 – 92 – contain similar message to old PPG2 from 1995 entitled “Green Belts”
Gives more detailed advice than in many
other parts
of the NPPF
Says that “
the essential characteristics of Green Belts are their openness and their permanence
”
(“openness” is a factual matter rather than visual impact on area)
muston planningSlide4
Inappropriate DevelopmentUnusual presumption against development in Green Belts
Inappropriate development by definition harmful to Green Belt
For applicant to show why permission should be granted
“Very special circumstances” needed to outweigh inappropriateness
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New buildings inappropriateNew buildings inappropriate inside a Green Belt unless
agriculture & forestry
appropriate facilities for outdoor sport & recreation
limited extension of dwellings
replacement buildings in same use and “not materially larger”
limited infilling in villages
development of previously used land as long as no greater impact on openness of Green Belt
Re-use of buildings may not be inappropriate as long as not material effect on openness and of permanent and substantial construction
muston
planningSlide6
Changes of useWere covered by a different part of PPG 2 but omitted entirely from NPPF
As a result, not clear whether all changes of use are inappropriate development
Courts so far have held that
this is
the case – so a change of use in the Green Belt is inappropriate development, which is by definition harmful
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planningSlide7
Very special circumstancesDetermine if proposal is “inappropriate development”
If so can only be acceptable if “clearly outweighed” by “very special circumstances”
Courts have held that all benefits must clearly outweigh all harm to be “very special circumstances”
Not to be confused with personal circumstances – very special circumstances more likely to relate to the specifics of the site than circumstances of the applicant
muston planningSlide8
Extensions to houses in Green BeltsKey test is whether proposal is a “disproportionate addition” to size of the original
building
Original means as built or, if not defined in Local Plan,
1947
Cumulative effect can mean that even small extensions are unacceptable
muston planningSlide9
Local Plan and SPDSaved Local Plan Policies GB.1 and GB.2 follow NPPF advice
Supplementary Planning Document (SPD) on
“Existing Dwellings in the Green Belt”
suggests that an increase in volume of no more than “
about a third
” is “
more likely to be acceptable
”
SPD makes it clear that it is “
the cumulative increase in volume of all extensions as a percentage of the original dwelling
” that is relevant
muston planning
muston planningSlide10
Renewable energy in the Green BeltParagraph 91 of the NPPF deals specifically with renewable energy projects in the Green Belt:-
“
When located in the Green Belt, elements of many renewable energy projects will comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources.”
muston planning