The Green Belt

11.8 The parts of Calderdale which lie outside the urban areas, are responsible for providing much of the character of the District. In March 1989 the Secretary of State for the Environment approved the Calderdale Green Belt Subject Local Plan, which provided precise boundaries for the Green Belt area. Not all of Calderdale’s countryside was designated as Green Belt. The western part of the District was not seen to fulfil the criteria for including land within the Green Belt and other mechanisms for control exist. The functions of the Green Belt, as defined in PPG2 ‘Green Belts’ (1995) are:-

  1. to check the unrestricted sprawl of large built-up areas;
  2. to prevent neighbouring towns from merging into one another;
  3. to assist in safeguarding the countryside from encroachment;
  4. to preserve the setting and special character of historic towns; and
  5. to assist in urban regeneration, by encouraging the recycling of derelict and other urban land.

11.9 The RSS also states that the general extent of the Green Belt should not be changed for the foreseeable future. However, it recognises that through the development plan review process, localised changes to the Green Belt may be necessary to meet identifiable local needs. Minor changes to the Green Belt have been brought forward through the UDP process. Some of these changes have been made in response to an inadequate supply of employment land within the urban area and to ensure a sufficient choice of developable locations for employment growth. Where changes were appropriate, sites cause no material harm to the aims of Green Belt policy. Therefore, the following Part One Policy applies:-

POLICY GNE 1

CONTAINMENT OF THE URBAN AREA

A GREEN BELT WILL BE MAINTAINED AROUND THE MAIN BUILT-UP AREAS. THE PLAN WILL SEEK TO RESTRAIN DEVELOPMENT OUTSIDE THE URBAN AREAS THROUGH THE GENERAL EXTENT OF THE GREEN BELT.

11.10 The main pressure for Green Belt release comes from volume house builders who, in particular, are seeking additional, larger sites at the edge of the larger towns. Such releases would generally be on greenfield sites, and would take the emphasis away from the re-use of brownfield sites at a time when Government planning policy is stressing the need for increased brownfield development. Regional housing targets for Calderdale are being met, both in terms of the numbers being completed and the proportion on brownfield sites. Allowing development within the Green Belt when there is every indication that the brownfield development process still has room to continue, acts against the efforts of the Council and its partners to regenerate Calderdale's towns and so assist the achievement of renaissance. However the extent of the Green Belt and it's detailed boundaries will be the subject of review in the forthcoming, new Local Development Framework (LDF) for the District prepared under the new Planning Act (2004).

11.11 For instance, it is recognised that there is an inadequate supply of employment land within the urban area at the present time. It has therefore, been necessary to make minor alterations to the Green Belt boundary to ensure a sufficient choice of developable locations for employment growth. These are identified in the Employment, the Economy, Tourism and Regeneration Section at Paragraph 4.22 and in Policy E3. Some minor amendments to the Green Belt have also been made to remove inconsistencies and follow reasonable boundaries on the ground.

11.12 Within the Green Belt, there is a presumption against inappropriate development. The following policies set down the basic principles to control development strictly within the guidelines set by PPG2, in order to ensure that the objectives of the Green Belt are met. Although some limited development will be acceptable within the Green Belt, it is important that this is not detrimental to visual amenity and the achievement of the purposes of the Green Belt. Care will therefore need to be given to the siting and design of appropriate development. Planning applications for inappropriate development will not be permitted within the Green Belt, unless the applicant is able to show there are very special circumstances to justify an exception. The definition as to what constitutes "very special circumstances” is very much set by case law, the courts and the particular circumstances of individual cases. It is for applicants to show why planning permission should be granted, and most cases where the Council is minded to grant consent will be referred to the Government as departures, who may make decisions themselves.

11.13 Outdoor sport and outdoor recreation are appropriate uses within the Green Belt. In order to accommodate such uses, a certain degree of built accommodation may also be necessary in addition to the laying out of pitches or courses. For example, changing rooms, small stables or unobtrusive spectator accommodation may be acceptable. However, major football stadia are not acceptable within the Green Belt due to the size of the structures involved. Annex E of PPG2 deals with this in detail. Development proposals in the Green Belt will therefore be considered against the following Policy:-

Policy NE 1

Development within the Green Belt

Within the Green Belt defined on the Proposals Map, there is a general presumption against inappropriate development, except in very special circumstances. Planning permission will not be granted for development, other than for:-
  1. the construction of new buildings for purposes of:
  1. agriculture and forestry; and
  2. essential facilities for outdoor sport and outdoor recreation, cemeteries and other uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land within it,
  1. mineral extraction and essential facilities ancillary to extraction provided that high environmental standards are maintained and the site is well restored; and
  2. engineering and other operations, and the making of any material change in the use of the land may not be inappropriate providing they maintain the openness and do not conflict with the purposes of including land in the Green Belt.

Development which is not inappropriate should not detract from the visual amenity of the Green Belt by reason of siting, materials or design.

Extensions and Alterations to Buildings in the Green Belt

11.14 Certain buildings within the Green Belt are unsuitable for modern day employment or domestic requirements or other activities. Extension and alteration is a means of adapting buildings to meet current needs. In appropriate circumstances, PPG2 allows the prospect of the extension or alteration of existing dwellings in the Green Belt, and this is reflected in Policy NE2. Provided these are of an appropriate design and scale, they may be acceptable. However, proposals will be strictly controlled to ensure that they do not detract from the openness and character of the Green Belt and the original dwelling remains the dominant element. They should, therefore, be of an appropriate scale in relation to the existing dwelling, designed to harmonise with it and be limited to what is necessary to provide a reasonable amount of domestic accommodation. Particular attention will be paid to proposals for extensions to dwellings that have already been extended. There are in addition, a number of buildings in the Green Belt which are not in residential use, but where, nevertheless, extensions or alterations may be sought at some time in the future. In appropriate circumstances, the impact of such development, for instance on the openness of the Green Belt, may be no more harmful than an extension or alteration to a dwelling. "Very special circumstances" will have to be demonstrated by the developer to justify such developments, and additionally, the criteria in Policy NE2 will equally apply. As a result the following Policies will apply:-

Policy NE 2

Extensions and Alterations to Dwellings in the Green Belt

Proposals for the limited extension and/or alteration of existing residential buildings within the Green Belt (including the provision of attached or free standing garages within the curtilage of existing dwellings) will be permitted provided they:-
  1. do not adversely affect the character, visual amenity and openness of the Green Belt;
  2. do not result in disproportionate additions over and above the size of the original building; and
  3. would not harm other interests of acknowledged importance such as the setting of Listed Buildings, the character or appearance of Conservation Areas or valuable wildlife habitats and species.

Policy NE 3

Extension and Alteration to Other Buildings in the Green Belt

Except where provision is made in other UDP policies relating to the Green Belt, proposals for limited extension and/or alteration to buildings other than dwellings will be refused unless very special circumstances to justify inappropriate development are demonstrated. Where very special circumstances are demonstrated the following criteria will also be taken into consideration:-
  1. the development should not adversely affect the character, visual amenity and openness of the Green Belt; neither
  2. result in disproportionate additions over and above the size of the original building; nor
  3. harm other interests of acknowledged importance including the setting of Listed Buildings, the character or appearance of the Conservation Areas and valuable wildlife habitats and species.

Re-Use of Buildings in the Green Belt

11.15 There are often opportunities for re-using existing rural buildings within the Green Belt for new residential, commercial, industrial or recreational uses. This can reduce demand for new buildings in the countryside, assist farm diversification and the rural economy and may retain buildings which contribute to the appearance or heritage of the countryside. In particular, schemes that involve the conversion or alteration of buildings for employment uses will, in line with advice in PPG3, PPS7 and PPG13 be wherever possible supported in the interests of economic diversification of the rural economy, in preference to those for residential use. Opportunities to restore Listed Buildings and bring them back into beneficial use will be particularly supported. Further policy advice regarding Listed Buildings can be found in paragraphs 8.50 to 8.58. However, it is necessary to ensure that such conversions do not have an adverse impact on the appearance or amenity of the countryside and they can be adequately serviced. It will not be appropriate to permit the re-creation of buildings, which are not substantially complete, or the permanent use of temporary buildings. Accordingly, the following Policy will apply:-

Policy NE 4

Conversion or Change of Use of Buildings in the Green Belt

Proposals for the conversion or change of use of buildings in the Green Belt will be permitted provided they meet the following criteria:-
  1. the form, bulk and general design of the existing buildings are in keeping with their surroundings or can be improved in their appearance to remove any adverse impact on the landscape;
  2. the buildings are of permanent and substantial construction and are capable of conversion without major or complete reconstruction;
  3. the conversion does not have a materially greater impact than the present use on the openness of Green Belt, and the purposes of including land in it or on the character of the countryside in general;
  4. the conversion does not cause traffic, amenity or servicing problems and does not give rise to pollution which outweighs the advantages of the conversion and which cannot be overcome by attaching conditions to the permission;
  5. adequate water supplies and means of drainage exist; and
  6. they would not harm other interests of acknowledged importance such as the setting of Listed Buildings, the character or appearance of Conservation Areas or valuable wildlife species and habitats.

Preference will be given to schemes which result in the property being used for job creation.

11.16 If a proposal for the re-use of a building in the Green Belt does not meet the criteria in Policy NE4, or there are other specific and convincing planning reasons for refusal, the proposal will not be rejected without considering whether, by imposing reasonable conditions, any objections could be overcome.

11.17 Strict control will be exercised over the subsequent extension of re-used buildings and over any associated uses of land which might have a harmful effect on the character of the countryside or conflict with the openness of the Green Belt and the purposes of including land in it.

Replacement Dwellings in the Green Belt

11.18 PPG2 allows for the replacement of dwellings within the Green Belt, providing the new dwelling is not materially larger than the dwelling it replaces. However, permission will only be granted where the original dwelling is of a permanent and substantial construction. Where a new dwelling is acceptable, it should not have a greater impact on the openness of the Green Belt than the dwelling being replaced (for instance, in terms of the height of the building or its site coverage) or affect other purposes of the Green Belt. It will therefore be necessary to consider the siting of the replacement building and its effect on the local landscape. Existing dwellings in the Green Belt, because of their age and location may not exhibit high levels of sustainability. Modern design concepts and practice should generally enable any replacement dwelling to incorporate elements making it more sustainable than its predecessor, not least in terms of resource and energy use Policy EP 25 ‘Energy Efficient Development’. Development will therefore be considered against the following Policy:-

Policy NE 5

Replacement Dwellings in the Green Belt

Planning permission for the replacement of existing dwellings within the Green Belt will not be permitted unless:-
  1. the replacement dwelling should have no greater impact upon the openness of the Green Belt than the existing dwelling;
  2. the proposal would maintain or enhance the character, amenity and appearance of the area;
  3. the existing dwelling is capable of use in its present  state and has not become so derelict that it could only be brought back into use with complete or substantial reconstruction; and
  4. the replacement dwelling is more sustainable than the existing dwelling in terms of resource and energy use.

11.19 The replacement of a residential Listed Building will be subject to Policy BE 17 ‘Demolition of a Listed Building’, which only allows the demolition of a Listed Building in exceptional circumstances.

Gardens and Garden Extensions in the Green Belt

11.20 In the Green Belt, there are a number of older dwellings lacking garden areas. In principle, the Council believes that householders should have a garden area, for instance, to allow children to play in safety, for the drying of washing and for gardening or sitting out. Equally, the Council is committed to following the advice set out in PPG2 in respect to Green Belts. There will be a general presumption against new gardens for houses in the Green Belt except in very special circumstances where a dwelling currently does not have a garden area or its garden area is so small as to be of little practical value.

11.21 The individual merits of a case will be judged against a number of criteria. The proposed gardens will have to be of small scale only sufficient to meet the limited needs set out in paragraph 11.20 above, and not of sufficient size to potentially accommodate a new dwelling. They should be adjacent, adjoining, next to or near to the dwellings, in most cases immediately in front of, behind or at its side, or immediately across a highway from it. Larger gardens prominently extending into the open countryside will not therefore be acceptable. Developments should preserve the openness and protect the visual amenity of the Green Belt.

11.22 In all cases, where a new garden is judged to be consistent with the criteria in Policy NE6, appropriate boundary treatment will be required, for instance, natural stone walling or hedging. In addition, planning conditions and/or planning obligations will be used to remove permitted development rights from the land incorporated into the residential curtilage.

11.23 The Council considers that proposals to extend existing house gardens for new or older dwellings in circumstances other than those referred to in paragraphs 11.20 and 11.21 above will be regarded as inappropriate development in the Green Belt and will not be supported. Development will be considered against the following Policy:-

Policy NE 6

New Gardens in the Green Belt

There will be a general presumption against new gardens for houses in the Green Belt except in very special circumstances where a real need can be demonstrated, they are small scale, are adjacent to the dwelling(s) they serve and the development meets all the following criteria:-
  1. it would not have an adverse impact on the openness of the Green Belt;
  2. it would not harm the visual amenity and character of the landscape;
  3. it would not harm other interests of acknowledged importance such as the setting of Listed Buildings, the character or appearance of Conservation Areas, valuable wildlife habitats or be contrary to other UDP policies;
  4. it would not involve a significant loss of agricultural   land or have an adverse effect on the viability of an agricultural holding;
  5. it would not create an irregular edge to the curtilage of the property; and
  6. it would not lead to the loss or unacceptable diversion of a public right of way.

Where development is acceptable, boundary treatment should be sympathetic to the character of the locality. Where appropriate, planning conditions and/or planning obligations, restricting permitted development rights on the land incorporated into the residential curtilage, will be attached to any planning permission.

Development in Settlements in the Green Belt

11.24 Within the Green Belt there are often small gaps within existing settlements or groups of buildings where a limited amount of new building (infilling) could take place without affecting the objectives of the Green Belt or extending development into the open countryside. Special care will be required in considering these sites, since some will be intrinsically important to the character of a settlement or provide valuable open space. Furthermore, the extension of buildings within existing settlements is less likely to harm the open character of the Green Belt and will therefore be more acceptable than in the open countryside. Therefore, within the infill settlements listed below, the policies relating to extensions within the Green Belt will not apply. Applications for extensions will however be considered against  Policy BE 1 ‘General Design Criteria’ and Policy BE 2 ‘Privacy, Daylighting and Amenity Space’.

11.25 PPG2 identifies a number of ways to deal with new development in existing settlements within the Green Belt. In accordance with this advice, a survey of the development potential of existing villages in the Green Belt in Calderdale has been undertaken. The following villages are considered to have potential for accommodating a limited amount of development and are defined on the Proposals Map:-

Table 11.1 Villages Within Designated Village Envelopes
  • Bradshaw; (3 separate village envelopes)
  • Brearley;
  • Charlestown; (2 separate village envelopes)
  • Elland, Lower Edge;
  • Elland, Upper Edge;
  • Greetland, Wall Nook;
  • Jagger Green;
  • Lumbrook;
  • Midgley;
  • Mill Bank;
  • Mount Tabor;
  • Norwood Green;
  • Old Town; (2 separate village envelopes);
  • Pecket Well;
  • Ripponden, Old Lane;
  • Slack;
  • Sowood;
  • Soyland Town;
  • Triangle;
  • Wainstalls; (2 separate village envelopes)

11.26 Whilst these villages will remain washed over by Green Belt, boundaries have been defined around each one, indicating where development may be acceptable. Within these boundaries, applications for limited infill development or extensions to buildings will be considered against the following Policy:-

Policy NE 7

Development Within The Named Village Envelopes in the Green Belt

Within the defined settlement limits of villages in the Green Belt identified on the Proposals Map, proposals for infill development or the extension of existing buildings will be permitted provided that :-
  1. in the case of residential development, it is located on previously developed land;
  2. the development would be located within the built-up area of the settlement;
  3. the infill development relates to a small gap in a group of buildings or otherwise continuously built-up frontage;
  4. the development would not adversely affect the character of the settlement and its surroundings;
  5. the development would preserve or enhance the character of a Conservation Area and not adversely affect Listed Buildings or their settings;
  6. the development would not result in the loss of an important open space;
  7. the development would not detract from the visual amenity of the Green Belt;
  8. the development would not harm other interests of acknowledged importance; and
  9. the development would be consistent with other relevant UDP policies.

11.27 For the purpose of the Policy, an ‘infill’ site is defined as a small gap in a group of buildings or otherwise continuously built up frontage, bounded by buildings on at least two sides. Villages within the Green Belt, which do not have a defined boundary, will remain washed over by Green Belt notation and subject to the development control policies for Green Belt.

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