A new High Court ruling has given welcome clarification on interpretation of the government’s ‘grey belt’ policy.

It followed a legal challenge over a motorway services development in Kent where Wrotham Parish Council appealed against planning permission for the scheme at junction 2A of the M26.

According to Planning Portal, the council argued that land should only be classed as grey belt if it would not be strongly protected from development in general.

However, the High Court agreed with a planning inspector that the assessment should focus on the specific development being proposed, rather than hypothetical future schemes.

Mrs Justice Lieven said that decision-makers should consider whether the particular project conflicts with key protective policies, not whether the land should be shielded from all possible development.

She added that the purpose of grey belt policy is clearly to enable the release of some green belt land to meet development needs, and should not be interpreted too narrowly.

It’s one of the first rulings to consider the ‘grey belt’ policy at the High Court – helping to set out how it should be applied in practice.

The project near Wrotham Water Farm was initially refused  by Tonbridge and Malling Borough Council in February 2024, which cited harm to the green belt and impact on the Kent Downs National Landscape.

This decision was overturned by a planning inspector on appeal. The parish council further appealed but the High Court upheld the inspector’s decision.

Included in development plans are parking for up to 197 lorries, an amenity building and a new roundabout for access to the A20.

Please contact us to find out more about whether your land or site may fall under ‘grey belt’ classification.