muston planning for Bath & 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 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 planning

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 planning

Inappropriate Development Unusual 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 muston planning

New buildings inappropriate New 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 planning

Changes of use Were 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 muston planning

Very special circumstances Determine 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 planning

Extensions to houses in Green Belts Key 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 planning

Local Plan and SPD Saved 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

Renewable energy in the Green Belt Paragraph 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