OUr Expertise
Green Belt and Brownfield Development Advice
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Green Belt and Brownfield Development Advice
Development within Green Belt land presents some of the most demanding planning challenges in the country.
Green Belt policy is governed primarily by the National Planning Policy Framework and section 38 of the Planning and Compulsory Purchase Act 2004. The presumption is against inappropriate development unless exceptional circumstances can be demonstrated. Substantial weight will be given to any harm to the Green Belt.
Success in Green Belt cases depends on precise legal and policy analysis.
Mercantile Barristers advises developers, landowners and homeowners on:
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• Whether the proposed development constitutes inappropriate development
• The correct interpretation of openness and spatial impact
• Very special circumstances arguments
• Replacement dwellings and disproportionate additions
• Redevelopment of previously developed sites within the Green Belt
• Interaction with local plan allocations
In many cases, decisions turn on nuanced interpretation of openness, scale and planning balance. Structured and carefully evidenced submissions are critical, particularly at appeal.
Brownfield and Brown Belt
Recent policy direction has placed increasing emphasis on the redevelopment of previously developed land. Brownfield land within or outside the Green Belt may present materially different considerations.
The concept of Brown Belt, often used in policy discussions to describe lower quality or under utilised Green Belt land, has gained political traction. While not a statutory category, emerging government direction encourages authorities to review lower value Green Belt sites for potential release through local plan review.
Developers and land promoters increasingly require advice on:
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• Whether land meets the definition of previously developed land
• How to structure redevelopment proposals to fall within policy exceptions
• Promoting land through local plan processes
• Housing land supply and exceptional circumstances arguments
Strategic advice at an early stage can reposition a site and materially improve prospects of success.
Mercantile Barristers provides:
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• Written advice on Green Belt prospects
• Strategic planning arguments grounded in current NPPF policy
• Representation at planning appeal and public inquiry
• Advice on local plan promotion and site allocation
Our Head of Chambers, Samuel Okoronkwo is a specialist in complex planning matters of this kind. His webinar exploring Greenbelt and Brownfield Development, can be found here.
If you require advice on Green Belt or brownfield development, please complete the enquiry form and our clerks will respond promptly.
How Our Process Works
Instructing our direct access barristers is the cost effective alternative to the traditional route of engaging a solicitor first. The process is just as straightforward. Here’s how the process works:
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Initial Consultation
In the consultation the barrister will assess your legal position, devise a legal strategy, and give you appropriate advice on the necessary next steps to achieve your objective.
