Much of our green belt land isn’t actually green

In this blog we try to unravel the intricacies of policy that impact upon permission being granted for developments in designated Green Belt areas and the controls it is subject to.

What are Green Belts?

Green Belt land refers to an area that is kept in reserve for an open space, most often around larger cities. The main purpose of the green belt policy is to protect the land around larger urban centres from urban sprawl, and maintain the designated area for forestry and agriculture as well as to provide habitat to wildlife.

Green Belt offers a number of benefits for both urban and rural population. By preventing the urban sprawl, it helps protect agricultural activities and the unique character of rural communities. Urban population, on the other hand, is provided an access to an open space that offers opportunities for outdoor activities and access to clean air.

Areas that are designated as Green Belt must not be built upon because green belt is defined as an open space, however, that does not mean that no buildings can be erected on green belt land.

Green Belt policy is nothing new. In fact, restriction of building around cities can be traced back to the ancient times although green belts were proposed for different reasons back then. The first green belt around London, for instance, ordered by Queen Elizabeth I in 1580 foresaw a three-mile wide belt in order to stop the spread of plague. However, it was possible to obtain permission for a new building so the belt around London in the 16th century never truly functioned as such.

The idea of a Green Belt in the UK in the true meaning of the word dates to the 1930’s when the Greater London Regional Planning Committee proposed the Metropolitan Green Belt around London. However, it was not until 1947 when the Town and Country Planning Act allowed local authorities to include Green Belts in their town plans, while the first Green Belts were not designated until the 1950’s with specific purposes:

– To prevent urban sprawl

– To prevent towns from merging into one another

– To assist in the regeneration of urban suburbs by encouraging the reuse of derelict or left over suburban land

In the 1950’s local authorities incorporated Green Belt policies within their individual development plans. Green Belts are established by policy through Local Development Plans and not by parliamentary legislation as is the case for National Parks or Areas of Outstanding Natural Beauty. Local authorities are guided by National and Regional Government Policy when devising and implementing their Local Development Plans and it is at this local level that Green Belt boundaries and planning polices are defined. It is also at this local level that planning applications are considered and decided upon.

Where and How Much Green Belt Land is Out There?

Green belt land covers approximately 13% of total area in England, 16% in Northern Ireland and 2% in Scotland. Wales has only one formally designated green belt area located between Newport and Cardiff.

For example, 22% of all land within the Outer London boundary is Green Belt and this amounts to 1.639 million hectares. This is an interesting statistic as it demonstrates how much land is protected within the overall extent of our capital city and should not be lost if boundary changes occur.

The first diagram below shows how much change has occurred in Green Belt land availability in England during the last 20 years. The fact that the land area has not significantly reduced is an important indicator of how the Greenbelt is protected from development.

What Type of Developments are Permitted on Green Belt Land?

The National Planning Policy Framework (NPPF) provides guidance on Greenbelt Development Policies and these are adopted by Local Authorities.

Paragraph 89 states that inappropriate developments are, by definition, harmful to the Green Belt and should not be approved except in very special circumstances.

Chapter 88 of the NPPF states that ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

Chapters 88 and 89 note that the construction of new buildings is inappropriate with the following exceptions (for example purposes):

– The extension or alteration of a building provided that it does not result in disproportionate additions over and above the size of the original building

– The replacement of a building, provided the new building is in the same use and not materially larger than the one it replaces (in the experience of this Architect this usually means 20% larger by volume than the original building or with older buildings the volume of the building as it was at the time of the Town and Country Planning Act 1947).

– Limited infilling in villages, and limited affordable housing for local community needs under policies set out in the Local Plan

– Limited infilling or the partial or complete redevelopment of previously developed sites (brownfield land), whether redundant or in continuing use (excluding temporary buildings), which would not have a greater impact on the openness of the Green Belt and the purpose of including land within it than the existing development

In addition to the above The Local Government Association’s Planning Advisory Service notes that National Planning Policy can make provision for changes to the Green Belt which would then need to be incorporated or adopted within an Authority’s Local Plan. The Planning Advisory Service further notes that the demands for housing can be an exceptional circumstance to justify the review of a Greenbelt boundary.

It should be noted that this does not imply that you can apply for planning for a residential development using the argument that the Local Authority is not meeting its housing supply targets. Such sites would need to be identified and taken out of the green belt boundary in order for them to be eligible for development.

London’s Green Belt Policy

Within the Draft London Plan 2016 (as reviewed elsewhere on this website) the Mayor has vowed to protect the Green Belt. Whilst the 2016 Draft London Plan does not rule out building on the Green Belt, The Mayor, Sadij Khan has said that ‘Developers building on or near the Green Belt must respect and protect this vital natural resource’.

Policy G2 (Page 103) of the Draft London Plan note the following:

‘Openness and permanence are essential characteristics of the Green Belt, but despite being open in character, some parts of the Green Belt do not provide significant benefits to Londoners as they have become derelict and unsightly.

This is not, however, an acceptable reason to allow development to take place. These derelict sites may be making positive contributions to biodiversity, flood prevention, and reducing the urban heat island effect.

The Mayor will work with boroughs and other strategic partners to enhance access to the Green Belt and to improve the quality of these areas in ways that are appropriate within the Green Belt’.

Within the current London Plan the Mayor’s office notes that Development will be ‘supported if it is appropriate and helps secure the objectives of improving the Green Belt as set out in National Guidance’.

The Reality – Do Projects Get Planning Consent within the Greenbelt?

Although it may be a complex course to navigate it is not impossible to secure planning for development within the Green Belt. Each year a number of planning applications are granted approval based on one of the following criteria:

1 – Allowed by Policy

Some types of development are permissible as they are not deemed to harm the openness of a Green Belt area. These would be likely to include sports facilities and transport infrastructure. Small scale residential developments and development supported by local residents through a Community Right to Build Order could also be permissible.

2 – Allowed by Very Special Circumstances

This criteria often means identifying overwhelming reasons as to why the proposed development is appropriate for a particular site and that the harm caused to the Green Belt area would be outweighed by the benefits.

3 – Redevelopment of Brownfield Sites

If a site has previously developed land then planning policy allows for it to be developed. In order to protect the Green Belt the amount of development is generally restricted to the volume of existing buildings on the site.

4 – Remove a Specific Site from Greenbelt Designation

In order to remove the restrictions on the development of specific sites the local authority can remove a specific site from Green Belt designation. Removing a site from the Green Belt can only be undertaken in ‘Exceptional Circumstances’ and in general this means that the amount of development needed to meet the local authority’s needs cannot be accommodated within the areas outside the Green Belt. This process is generally adopted for larger developments to obviate the ‘high risk element’ i.e. a negative outcome alongside wasted time and costs.

5 – Permitted Development (PD) for Change of Agricultural Buildings to Residential Use

Permitted Development Rights were revised in 2014. One of the new regulations is to allow the conversion of agricultural buildings to residential use without the need for a full planning application. This allows for the conversion for up to 3 dwellings with a maximum of 450m2 of floor area permitted for conversion. (Local authorities are interpreting the legislation in different ways but nearly half of all prior approval applications are successful. Key tests need to be passed but crucially the building to be converted cannot be enlarged in any way).

6 – Paragraph 55 of the NFFP allows single houses of Exceptional Architectural Character

Paragraph 55 of the NPPF allows for a new dwelling to be built in the open countryside (including Green Belt) if it can be demonstrated that it is of exceptional quality or of an innovative design.

Our Position as Architects

Douglas and King believe the Green Belt should be protected from mass housing developments that are built without consideration for design, quality or lifestyle. Equally we recognize the importance of preventing urban sprawl, and the value of the Green Belt as an open space and amenity for our cities and towns.

However, we strongly support strategic developments, where appropriate. We support development control on a local level but we also support well-planned and designed small and mid scale developments that can demonstrate a significant benefit to the local economy and environment with minimal impact.

Reality Check 2

Much Green Belt land isn’t actually green, only 59% of London’s Green Belt is agricultural land. Whilst Green Belt land use is generally designated as ‘open countryside’ there are many examples of former industrial and unsightly sites/uses that have a negative impact. If these sites were developed respectfully their impact would be positive and ‘greener’ than the existing.

There is another enigma here that links the Green Belt to ‘backland’ inner-city sites. As housing need has increased and house prices have reached artificial heights we have witnessed a positive response from local authorities in the London area to the thoughtful and sensitive development of ‘backland’ sites.

Click here to read our blog ‘Garden Grabbing’ and to see our ‘House in an Urban Woodland’ project now almost complete to learn more about this topic.

The integrated project team

Working with Douglas and King you will talk to Martin regularly, you will also speak to one of the other assistants, including Annie who looks after our studio payments and invoicing. With Douglas and King you will also meet some of the Londons leading Engineers, Planners, Surveyors, Designers and Property Agents.

This page lists some of the network of people we have had the pleasure to build strong bonds with and who we have no hesitation in recommending to our clients. Click on an image to review their websites.

Who owns what?

The legal status in terms of ownership of a building or plot of land are critically important as a first step in assessing development potential.

Title Deeds are legal documents that record the details of ownership and any rights over a property in the UK. The documents detail the ownership status and any legal restrictions that may affect the status of a property. The title deeds for properties in England and Wales are held at Her Majesty’s Land Registry.

This blog provides a brief overview of what title deeds are, where to find them and what to look for and understand from the legal jargon which these documents inevitably employ.

The UK Land Registry

THE HM Land Registry was set up in 1862 and records the ownership rights of freehold properties and leasehold properties where the lease has been granted for a term exceeding seven years.

Today the title deeds documents can be easily accessed and retrieved online and are available to anyone who registers with the land registry website.

https://www.gov.uk/government/organisations/land-registry

Leasehold, Freehold or Commonhold

If a property is classified as freehold it means that the building is owned outright and in perpetuity. The owner’s name is identified on the title deeds as the Freeholder and Owner of the ‘Title Absolute’.

A freeholder is usually responsible for maintaining the common parts of a building such as the public areas and external walls and roof. They are usually responsible for the Buildings Insurance but individual freeholder responsibilities may need to be determined and or clarified.

If a property is classified as leasehold this means that there is a lease in place that has been granted by the freeholder. It is the temporary nature of leaseholds that sets leaseholds apart from freeholds.

The lease is a contract between a freeholder and a leaseholder that provides a temporary right to occupy land or property for a small annual fee.

For residential properties the contracts are often 90 or 100 years but there are many properties, particularly in London, with 999 year leases.

For commercial properties the specified lease period is anything from 5 to 25 years but with a number of rights to terminate the agreement on either side, usually denoted in the contract by a break clause. Commercial leases are governed by the Landlord and Tennant Act 1954.

A third and increasingly more common form of ownership is called Commonhold. This occurs when a multi-occupancy building is divided into a number of freehold units, so each individual dwelling owns its own freehold.

The common parts of the building are owned by a management company which each dwelling within the building will own a share of, the size of which is proportional to the floor area of the dwelling against the overall area of the building.

The Title Deeds contain records of freeholds and leasehold contracts that may be in place and are submitted to the UK Land Registry by the conveyancing solicitor at the time of purchase or amendment(s) to a title.

Covenants, Easements and Wayleaves

The key things to look for are restrictions on a development that are imposed by agreement and highlighted within the title deeds.

Covenants

Covenants are usually included in the titles by the previous owners of the title and are binding to all future owners. Some covenants are very old and can be bizarre in nature, some can be recent and have been executed by a previous owner.

Covenants can only be removed or ‘extinguished’ by agreement, a process that requires an application and a fee payment to the Lands Tribunal. The Lands Tribunal is a civil court with jurisdiction over land and property, relating to title obligations, Right to Buy, compulsory purchase and other private rights. This is the authority that can enable modifications to title deeds to be made.

The most common form of covenant that architects encounter is when a former owner, at the time of sale, imposes a restriction on the right of any future owner to create a development that includes, e.g. windows overlooking neighbouring properties. It may also impose height restrictions on any part of a future development.

Covenants can be an obstacle to overcome but they do not necessarily prevent a development from taking place as they can be removed. In complex covenant scenarios there are insurance policies available which will provide a developer the cover required against a covenant being enforced.

Easements

As with covenants, easements are recorded in the title deeds. An easement is generally concerned with ‘rights of way’ and may grant rights to an adjoining owner (including utility companies) for access across parts or all of a piece of land.

Rights of way and other easements may be obtained through a history of usage, this is known as a ‘Prescriptive Easement’.

Applications for a Prescriptive Easement, i.e. if a right of way has been enjoyed for a specific amount of time, can be obtained by applying to the Land Registry.

There are exemptions to certain rights, in cases involving National Rail routes, Waterways or Crown Land. These applications must be endorsed by the relevant Authority via a Statutory Declaration.

Redundant or out-dated easements can be removed by application to the Lands Tribunal.

Wayleaves

Wayleaves grant rights for utilities and services to pass over or under a piece of land or property and can be time limited or given in perpetuity. They are generally granted in favour of statutory undertakers, the providers of utilities, e.g. Water, Gas or Electricity. Wayleaves are normally identified within the Title Deeds.

Specialist Advice

As architects it is important to have an understanding of what the Titles to a property are and the implications of their content. We always check the content of title deeds with our legal partners, Teacher Stern Solicitors, who are experts in legislation and conveyancing.

Our contact there is Dov Katz d.katz@teacherstern.com

Don’t obstruct the light

Our original intention to explore how we design buildings for daylight in terms of design and in terms of the legal position of a right to daylight of neighbouring buildings. This piece was an attempt to unravel the legislation surrounding one of the oldest design dilemmas, the issue of ‘Rights to Light’ particularly in terms of side-by-side buildings in a dense urban context and separately how we as architects use daylight and orientation as one of the primary drivers in our design process.

After some reflection it seemed that it would be more informative, and enlightening (sic) to travel back in time and refer to the first treatise published on this subject by Vitruvius.

Vitruvius was a Roman author, architect, civil and military engineer during the 1st century BC and is best known for his multi-volume work entitled De architectura. His discussion of perfect proportion in architecture and the human body, led to the famous Renaissance drawing by Da Vinci of Vitruvian Man.

Early architects understood the importance of designing a building that was responsive to its position and orientation. Vitruvius wrote as follows within his five fundamental principles of architecture:

‘There will also be a natural proprietary to use an eastern light for bedrooms and libraries, a western light in winter for baths and winter apartments, and a northern light for picture galleries and other places in which a steady light is needed; for that a quarter of the sky grows neither light nor dark with the course of the Sun, but remains steady and unshifting throughout the day’.

It would have been possible then (as it is now) to create models and measure their daylight performance over a given period of time in varying orientations. This would have informed how the floor plan could best accommodate room arrangements and uses, both internal and external, window placement, etc.

Alongside these considerations other factors played a part – you’ve guessed – windows.

Glassmaking was already remarkably advanced during the Roman era, and many ancient homes had glass-paned windows. The earliest windows were panes of glassy pebbles laid on a wooden frame — these would let some light through, but probably weren’t that transparent. Clear glass panes were first invented in the late 3rd century CE, when glassmakers would blow a cylindrical bubble of glass and then slice it lengthwise and flatten out the results.

During the so-called Dark Ages, this technology, like so many others known before the Fall of Rome, somehow got lost. While cathedrals across Europe made use of stained glass for their windows, domestic windows were totally unglazed, with only wooden shutters to keep out the cold. Some people took thin animal hides (or parchment) and soaked them in oil to make them as translucent as possible. They also had to keep their windows (and doors) pretty small, to minimize the drafts, and whenever possible, curtains or mats further helped with insulation. This is why interiors were so dark back then, with the never-extinguished fire providing most of the light.

It was from the Renaissance onwards that architects were able to employ glazing as an integral architectural element and to exploit it in grand public structures. The potential of double-height or enlarged ceiling heights enabled daylight to be reflected and distributed in innovative ways as it had been in the cathedrals of the Middle Ages.

Roof-lights, light-wells, enlarged and strategically located windows all contributed to the building’s response to its immediate environment and the natural progress of the sun throughout daylight hours.

In spite of the many overwhelmingly convincing arguments for natural light to be exploited as fully as possible within the domestic and working environments there are no guiding principles that indicate the relevance of designing ‘healthy’ buildings that respond to orientation and sunlight and impact as little as possible upon their immediate surroundings.

From take-away to tanning salons

A1 Shops – Shops, retail warehouses, hairdressers, undertakers, travel and ticket agencies, post offices, pet shops, sandwich bars, showrooms, domestic hire shops, dry cleaners, funeral directors and internet cafes.
A2 Financial and professional services – Financial services such as banks and building societies, professional services (other than health and medical services) and including estate and employment agencies. It does not include betting offices or pay day loan shops – these are now classed as “sui generis” uses (see below).
A3 Restaurants and cafés – For the sale of food and drink for consumption on the premises – restaurants, snack bars and cafes.
A4 Drinking establishments – Public houses, wine bars or other drinking establishments (but not night clubs).
A5 Hot food takeaways – For the sale of hot food for consumption off the premises.
AA Drinking establishments with expanded food provision

B1 Business – Offices (other than those that fall within A2), research and development of products and processes, light industry appropriate in a residential area.
B2 General industrial – Use for industrial process other than one falling within class B1 (excluding incineration purposes, chemical treatment or landfill or hazardous waste).

C1 Hotels – Hotels, boarding and guest houses where no significant element of care is provided (excludes hostels).
C2 Residential institutions – Residential care homes, hospitals, nursing homes, boarding schools, residential colleges and training centres.
C2A Secure Residential Institution – Use for a provision of secure residential accommodation, including use as a prison, young offenders institution, detention centre, secure training centre, custody centre, short term holding centre, secure hospital, secure local authority accommodation or use as a military barracks.
C3 Dwellinghouses – this class is formed of 3 parts:
- C3(a) covers use by a single person or a family (a couple whether married or not, a person related to one another with members of the family of one of the couple to be treated as members of the family of the other), an employer and certain domestic employees (such as an au pair, nanny, nurse, governess, servant, chauffeur, gardener, secretary and personal assistant), a carer and the person receiving the care and a foster parent and foster child.
- C3(b): up to six people living together as a single household and receiving care e.g. supported housing schemes such as those for people with learning disabilities or mental health problems.
- C3(c) allows for groups of people (up to six) living together as a single household. This allows for those groupings that do not fall within the C4 HMO definition, but which fell within the previous C3 use class, to be provided for i.e. a small religious community may fall into this section as could a homeowner who is living with a lodger.
C4 Houses in multiple occupation – small shared houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen or bathroom.

D1 Non-residential institutions – Clinics, health centres, crèches, day nurseries, day centres, schools, art galleries (other than for sale or hire), museums, libraries, halls, places of worship, church halls, law court. Non residential education and training centres.
D2 Assembly and leisure – Cinemas, music and concert halls, bingo and dance halls (but not night clubs), swimming baths, skating rinks, gymnasiums or area for indoor or outdoor sports and recreations (except for motor sports, or where firearms are used).

Sui Generis

Certain uses do not fall within any use class and are considered ‘sui generis’. Such uses include: betting offices/shops, pay day loan shops, theatres, larger houses in multiple occupation, hostels providing no significant element of care, scrap yards. Petrol filling stations and shops selling and/or displaying motor vehicles. Retail warehouse clubs, nightclubs, launderettes, taxi businesses, amusement centres and casinos.