'Grey belt' legal challenge causes disruption at planning meeting

A legal challenge led to disruption at a pivotal Solihull Council planning meeting, resulting in major decisions being postponed. The council is now actively seeking "urgent" legal advice to clarify the process for determining applications on green belt land moving forward. Applicants and objectors who were expecting to speak on their items abruptly left the latest meeting of the authority's planning committee on Wednesday night, (April 2).

Just minutes into the meeting, Councillor Bob Grinsell, chairman of the committee, read out a statement which said: "The council are in receipt of a letter from Shoosmiths solicitors dated today (April 2) on behalf of their clients who raise a number of legal concerns in relation to two specific applications. "One of these relates to a decision taken by this committee on Stripes Hill. "The other relates to the application on this evening's agenda for the site at Warwick Road, Knowle.



"The concerns raised draw particular attention to the way in which the council has undertaken the assessments of the site against the grey belt test within the new national framework and supporting practice guidance. "Due to the nature and contents of this correspondence, and the potential risk of legal challenge, the decision has been taken to defer the item pending independent King's Counsel advice to review the approach taken by council. "Furthermore, due to the consistency of the method used by officers to assess other applications namely at Pheasant Oak Farm and Lugtrout Lane, the decision has also been taken to defer both these applications.

" The chair expressed regret for the lateness of this decision to those present but maintained that it was "understandable" considering the circumstances. During the meeting, an additional statement from Councillor Andy Macvieticz, responsible for climate change and planning, was presented. It said the council was in the process of formulating a new local plan, which, once finalised, will serve as the primary reference for deliberating over planning proposals and will align with updated national directives.

Councillor Macvieticz said: "The concept of the grey belt [lower quality green belt land which means the site would be able to be used for housing] has been introduced by the recent changes to the NPPF by the government," and clarified, "At this stage any planning application determination should be in line with current green belt boundaries. "The council will clarify the position in the coming months." As previously covered by the Local Democracy Reporting Service, approval was granted in February for an expansive new retirement village in Stripes Hill, Knowle, set to offer 170 care units.

The site had been deemed 'grey belt' by officials - a categorisation for subprime green belt locations deemed suitable for housing. During their most recent gathering, committee members were slated to deliberate on a proposal for 450 houses within the 'Arden Triangle', an area of green belt land bordered by Warwick Road, Station Road and Grove Road. The council's planning officers had recommended giving the go-ahead to the project, claiming the advantages of said development "clearly outweigh the totality of the harm" brought upon the green belt, further noting that "very special circumstances do exist".

Also on the day's agenda were deliberations regarding two other proposals: 250 homes planned for Pheasant Oak Farm in Balsall Common and an additional 50 dwellings earmarked for Lugtrout Lane in Catherine-de-Barnes. Both sites are situated on green belt land but have been categorised by officers as falling within the new 'grey belt' – an initiative put forward by the Labour government aimed at easing the housing crisis. As it stands, it remains uncertain whether these applications will be up for assessment at the next scheduled meeting of the committee, pencilled in for April 30.

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