When I returned from maternity leave earlier this year, I wasn’t quite prepared for how much the planning landscape had shifted. A new NPPF, the long-awaited arrival of Grey Belt, changes to housing land supply, and a subtle but important policy nudge towards renewables - it’s been a busy few months.
So, when I spoke at this year’s BIAC National Rural Planning Conference, it felt natural to take delegates on a whistle-stop tour through the case law that’s been shaping planning decisions this year. It’s not always glamorous, but it tells us a lot about how policy is being interpreted in practice.
Grey Belt: A new chapter
Let’s start with Grey Belt. It’s a term that’s been floating around for years, but it finally landed in policy last year. In essence, it’s a sub-category of Green Belt land - sites that are either previously developed or don’t serve the core Green Belt purposes (like preventing sprawl or preserving historic towns).
This shift has real consequences. Take the Foxberry Developments appeal, a case my colleague Fred Quartermain led on. The site was enclosed on three sides by housing, and its contribution to Green Belt purposes was minimal. The Inspector agreed it was Grey Belt, and with unmet housing need, strong sustainability credentials, and a solid Section 106 agreement, the appeal was allowed. No need for “very special circumstances” - just a clear, policy-led case for development.
Housing need: The tilted balance in action
Housing land supply has always been a hot topic and it continues to be so with many councils falling short. In Wiltshire, for example, the supply dropped from 3.46 to 2.03 years, triggering the “tilted balance” in favour of development.
We’ve seen this play out in appeals across the South West. In Cricklade, our client Newland Homes secured permission for 140 homes despite the site being outside the settlement boundary. The Inspector gave weight to enhanced biodiversity net gain and public open spaces, zero-carbon homes, provision of bungalows, sustainable location and housing land supply issues- all features that helped tip the balance.
Green energy: A quiet revolution
Renewables are quietly gaining ground. Solar schemes, in particular, are coming through appeals with increasing success. One example, Ebberley Down near Great Torrington, was approved despite concerns about landscape impact and loss of agricultural land. Why? Because it would power over 6,000 homes.
Another 30MW scheme in Salisbury succeeded in a National Landscape area, thanks to clever site design and planting strategies. And with the NSIP threshold rising from 50MW to 100MW, we’re likely to see more mid-sized schemes approved locally, a welcome change for landowners and developers alike.
What the courts are saying
I also shared a few recent High Court and Court of Appeal decisions. They’re not always headline-grabbing, but they offer important lessons:
- Procedural missteps matter: from failing to publish key documents to overlooking material considerations, several decisions were quashed this summer;
- Evidence is everything: whether it’s ecological surveys, housing need assessments, or expert reports, the courts expect decision-makers to engage properly;
- Policy interpretation needs balance: overly forensic readings of policy rarely succeed. The courts offer decision makers discretion.
Looking forward
If there’s one takeaway from this year’s case law, it’s that there are opportunities out there to support rural planning schemes. Grey belt and green energy policies are opening doors, but success still hinges on evidence, collaboration, and a clear understanding of policy. It was clear from discussions on the day that more needs to be done to support the rural economy with development and diversification schemes, in particular more dedication to rural planning in national policy and more favourable policies for brownfield schemes.
There’s also opportunities in natural capital: biodiversity net gain credit sites, nutrient neutrality schemes, and other environmental markets. It’s a space worth watching.
Thanks to BIAC for hosting such a thoughtful and engaging conference, and to everyone who joined the conversation. It’s an exciting time to be working in rural planning.
This post was written by Ros Trotman, Partner and Head of Development of Land (Planning & Environment) at Thrings LLP, who spoke at the National Rural Planning Conference. We are grateful to Thrings LLP for their generous sponsorship of the event.