Grey belt land – Impact on rights of way

The recent overhaul of the National Planning Policy Framework (NPPF) has unlocked new opportunities for landowners and developers as land is freed from planning restraints.

The new Government have introduced some fundamental changes to the 2023 NPPF. Two pervasive changes are:

  • The introduction of areas classified as ‘grey belt’
  • A broadening of the definition of brownfield land.

The positives for landowners

In a practical sense, ‘grey belt’ is land which was previously categorised as green belt but which is now deemed to be of lesser condition and so suitable for development. Freeing this land from restrictions allows landowners to realise development potential.

Widening the definition of brownfield land has a similar impact, broadening the scope of the land available for development.

On the surface, this is a positive movement for landowners and developers alike but as with all issues that touch upon the land, there is always a flip side of the coin.

Ancillary issues to consider

New developments springing up in previously protected areas / those safe from expansion bring a plethora of ancillary issues which must be considered.

The developments may not be as compelling or as palatable to neighbouring properties as they are to those receiving the benefit from a new development.

One of these ancillary issues is access. This is a key consideration for any proposed new development and can give rise to emotive litigation and fallout if not handled correctly.

Access issues established by new developments can present in many different forms, including:

  • A new development may be landlocked and require access across neighbouring land. This is not always doom and gloom for a neighbouring landowner as there is an element of control and usually some financial recompense in exchange for providing access.
  • A less attractive scenario is if a new site, unlocked for development, already enjoys a right of access across neighbouring land. The jeopardy of this scenario is twofold;
    • .Intensification of the right of access – e.g. a road previously used by one vehicle to access a barn in a field suddenly becomes the access road for a new settlement comprising of several houses.
    • Nuisance, annoyance and intensification during the construction process.
  • A further danger is developments pressing ahead on a presumed right of access across the land, known as prescriptive rights.

Landowners may not even be aware of a third party’s use of their land to gain access and are suddenly faced with a permanent access way being installed across their land and interfering with the use and enjoyment of their own land to facilitate a new development.

This is common on farmland whereby day-to-day scrutiny by the landowner is not possible.

Landowners who are in the vicinity of any of these newly released plots of land need to be alert of the impact on their own land.

Be aware of current land use and open a dialogue about any proposed development to ensure that there is no negative ancillary impact on surrounding land.

Dyne Solicitors are regularly consulted in relation to claims relating to the abuse rights of way, intensification of user, prescriptive rights of way, creation of new rights and nuisance. Contact Catherine Gregson for advice.