Case law: Court of Appeal rules on building in the green belt

13th June 2016


Related Topics

Related tags

  • Business & Industry ,
  • Built environment ,
  • Planning

Author

Graeme McCallum

Miranda Edwards at Lexis PSL considers a Court of Appeal case concerning the very special circumstances of building in the green belt.

In R (Lee Valley Regional Park Authority) v Epping Forest District Council, the Court of Appeal considered the validity of planning permission for a 92,000 m2 glasshouse in the green belt. The main issue was whether the development was appropriate in an area set aside to prevent unchecked urbanisation.

Paragraph 88 of the National Planning Policy Framework (NPPF) states that inappropriate development is harmful to the green belt and should not be approved except in ‘very special circumstances’. The regional park authority argued that para 88 required the council to give substantial weight to any ‘actual harm’ to the openness of the green belt area, even though the development was appropriate development under the ‘buildings for agriculture’ exception in para 89.

The court rejected this interpretation and found that, as the buildings for agriculture exception was entirely unqualified, the openness considerations in para 88 did not apply. The court held that para 88, when read together with paras 79 to 92 of the NPPF, meant that appropriate developments, such as buildings for agriculture, were automatically regarded as not being harmful to the openness of the green belt and therefore did not need to be justified by very special circumstances.

The court stressed that appropriate developments under para 89 could still be rendered unacceptable for other planning reasons and that proposals for agricultural buildings would not be immune from other policies. These include those relating to the visual effects of development and the protection of the countryside or the character of the landscape.

Subscribe

Subscribe to IEMA's newsletters to receive timely articles, expert opinions, event announcements, and much more, directly in your inbox.


Transform articles

Majority of environmental professionals fear green skills gap

Almost three-fifths of UK environmental professionals feel there is a green skills gap across the country’s workforce, or that there will be, a new survey has uncovered.

4th July 2024

Read more

Three in five British adults want more public involvement in the planning system, which could be at odds with Labour’s plans to boost economic growth, IEMA research has found.

3rd July 2024

Read more

Ahead of the UK general election next month, IEMA has analysed the Labour, Conservative, Liberal Democrat, and Green Party manifestos in relation to the sustainability agenda.

19th June 2024

Read more

Nine in 10 UK adults do not fully trust brands to accurately portray their climate commitments or follow the science all the time, a new survey has uncovered.

19th June 2024

Read more

Just one in 20 workers aged 27 and under have the skills needed to help drive the net-zero transition, compared with one in eight of the workforce as a whole, new LinkedIn data suggests.

18th June 2024

Read more

Consumers are flexing their purchasing power in support of more sustainable products and services. Dr Andrew Coburn, CEO of sustainability intelligence and analytics firm, Risilience, considers the risk of greenwashing and sets out three key steps businesses can take to avoid the pitfalls and meet the opportunities of changing consumer demand.

18th June 2024

Read more

With a Taskforce on Inequality and Social-related Financial Disclosures in the pipeline, Beth Knight talks to Chris Seekings about increased recognition of social sustainability

6th June 2024

Read more

While biodiversity net gain is now making inroads, marine net gain is still in its infancy. Ed Walker explores the balance between enabling development and safeguarding our marine environment

6th June 2024

Read more

Media enquires

Looking for an expert to speak at an event or comment on an item in the news?

Find an expert

IEMA Cookie Notice

Clicking the ‘Accept all’ button means you are accepting analytics and third-party cookies. Our website uses necessary cookies which are required in order to make our website work. In addition to these, we use analytics and third-party cookies to optimise site functionality and give you the best possible experience. To control which cookies are set, click ‘Settings’. To learn more about cookies, how we use them on our website and how to change your cookie settings please view our cookie policy.

Manage cookie settings

Our use of cookies

You can learn more detailed information in our cookie policy.

Some cookies are essential, but non-essential cookies help us to improve the experience on our site by providing insights into how the site is being used. To maintain privacy management, this relies on cookie identifiers. Resetting or deleting your browser cookies will reset these preferences.

Essential cookies

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.

Analytics cookies

These cookies allow us to recognise and count the number of visitors to our website and to see how visitors move around our website when they are using it. This helps us to improve the way our website works.

Advertising cookies

These cookies allow us to tailor advertising to you based on your interests. If you do not accept these cookies, you will still see adverts, but these will be more generic.

Save and close