Existing clients of ours approached us in relation to their desire to seek the residential development of a relatively small parcel of land at the edge of the village of Goffs Oak in Hertfordshire. Located in the Green Belt, we considered that the site made a limited contribution to the function or purposes of the Green Belt in this location due to its highly contained nature and degree of connectivity in the village. Accordingly, we considered that a very good case could be made that the site should be categorised as grey belt and that it would otherwise meet compliance with paragraph 155 of the NPPF. However, in order to separate matters of principle from the detailed issues, it was decided to proceed with a permission in principle (PIP) application in the first instance in order establish the principle of development.

The Council agreed that the site met the definition of grey belt, but ultimately refused the application on the basis that they did not consider that safe and suitable access to the site could be achieved and thus that the development failed to comply with limb (c) of paragraph 155 of the NPPF.

However, the appeal inspector agreed with our case that the site was indeed located in a sustainable location and that technical matters relating to the suitability of the proposed access would fall to be considered as part of any technical details consent that may follow permission in principle. Ultimately, the appeal was allowed and permission in principle was granted for four dwellings.