Can You Get Planning Permission Outside a Settlement Boundary?

Can you get planning permission for development outside a settlement boundary?

The short answer is yes.

However, development outside a defined settlement boundary can be more challenging because local planning policies often seek to direct new development towards existing towns and villages and restrict development in the countryside.

That does not mean that development outside a settlement boundary is automatically unacceptable.

The planning system requires each proposal to be considered on its individual merits, having regard to the development plan, national planning policy and other material considerations.

What is a Settlement Boundary?

A settlement boundary is a line shown on a local planning authority's policies map which generally defines the built-up area of a town or village.

Planning policies will often seek to focus new housing and other forms of development within these boundaries.

Land outside the boundary is generally treated as countryside, where development is more restricted.

However, a settlement boundary is not an absolute line beyond which development cannot take place.

The first step in assessing a site is therefore to understand exactly what the relevant local planning policy says. Different councils have different approaches, and some policies contain specific exceptions that allow development outside settlement boundaries.

It is also important to look beyond the settlement boundary itself. The site's relationship with the settlement, its accessibility, the presence of existing buildings, environmental constraints and the authority's housing land supply position can all be important.

Five-Year Housing Land Supply

One of the most important considerations for residential development outside a settlement boundary is the local planning authority's five-year housing land supply.

National planning policy requires local planning authorities to identify and update a supply of specific deliverable sites sufficient to provide a minimum amount of housing over the relevant period.

Where an authority cannot demonstrate the required housing land supply, the presumption in favour of sustainable development can become an important consideration when determining planning applications.

This does not mean that every site outside a settlement boundary should automatically be granted planning permission.

Instead, the planning balance needs to be considered.

The suitability of the location, the benefits of providing additional housing and any adverse impacts of the proposal will all be relevant.

A site which is well related to an existing settlement, has good access to services and facilities and can be developed without unacceptable environmental, landscape or highway impacts may therefore have significantly greater potential than an isolated site in the open countryside.

For this reason, checking the council's current housing land supply position should be an important part of any early assessment of a residential site outside a settlement boundary.

Green Belt and Grey Belt

A site outside a settlement boundary may also be located within the Green Belt.

It is important to recognise that these are two separate planning considerations.

Green Belt land has its own planning policy framework and additional restrictions apply to certain forms of development. However, not all development in the Green Belt is considered inappropriate.

The National Planning Policy Framework identifies a number of circumstances where development should be regarded as not inappropriate in the Green Belt. These include:

• Development of buildings for agriculture and forestry;

• The provision of appropriate facilities for outdoor sport, outdoor recreation, cemeteries and burial grounds, provided the relevant criteria are met;

• The extension or alteration of an existing building, provided it does not result in disproportionate additions over and above the size of the original building;

• The replacement of a building, provided the new building is in the same use and is not materially larger than the one it replaces;

• Limited infilling in villages;

• Limited affordable housing for local community needs;

• Limited infilling or the partial or complete redevelopment of previously developed land, including a material change of use to residential or mixed use including residential, where the development would not cause substantial harm to the openness of the Green Belt; and

• Certain other forms of development, including the re-use of buildings and specified changes of use, where the relevant Green Belt requirements are satisfied.

These exceptions can be particularly important when considering a site outside a settlement boundary.

For example, an existing house, agricultural building or previously developed site within the Green Belt may have significantly greater development potential than an undeveloped Green Belt field.

Grey Belt

The introduction of grey belt through national planning policy has also changed the planning landscape for some Green Belt sites.

Grey belt is a term used within the National Planning Policy Framework to identify certain land within the Green Belt, including previously developed land and other land which does not strongly contribute to specified Green Belt purposes, subject to the relevant exclusions.

This is particularly relevant for sites on the edges of existing settlements, where a site may be within the Green Belt but make a relatively limited contribution to its purposes.

National planning policy identifies circumstances in which development on suitable grey belt land should not be regarded as inappropriate development in the Green Belt, provided the relevant criteria are satisfied.

This creates an important potential route for some residential sites which are both outside a settlement boundary and within the Green Belt.

It is important, however, not to assume that every Green Belt site is grey belt or that every grey belt site will receive planning permission.

The interaction between settlement boundaries, Green Belt, grey belt and housing land supply is therefore becoming increasingly important when assessing the development potential of land around the edge of towns and villages.

Self-Build and Custom-Build Housing

Another potential opportunity relates to self-build and custom-build housing.

Under the Self-build and Custom Housebuilding Act 2015, relevant local authorities have duties relating to people who wish to acquire serviced plots of land for self-build and custom-build housing.

Local authorities are required to maintain registers of individuals and associations seeking self-build and custom-build plots and have a duty to have regard to the demand identified through those registers.

This can be an important consideration where a local authority has identified a significant demand for self-build and custom-build housing.

However, self-build status does not provide an automatic right to planning permission. The site still needs to be assessed against the development plan, national planning policy and other material considerations.

A site outside a settlement boundary which is otherwise sustainably located may nevertheless provide an opportunity for self-build or custom-build development, particularly where there is evidence of local demand.

Previously Developed Land

National planning policy promotes the effective use of land, including the use of suitable previously developed land for housing and other forms of development.

Previously developed land is often referred to as brownfield land.

This can create opportunities for development outside settlement boundaries where land has already been developed.

Examples could include former employment sites, commercial premises, industrial buildings, redundant agricultural buildings or other previously developed sites.

In some cases, the redevelopment of a previously developed site can represent a more sustainable form of development than building on an entirely undeveloped greenfield site.

However, previously developed land is not automatically suitable for development. Other policies and considerations still need to be assessed, including landscape, ecology, heritage, highways, flooding and the relationship with neighbouring uses.

The site's existing use and planning history will also be important.

Replacement Dwellings

Replacement dwellings can provide another opportunity for development outside a settlement boundary.

Many local planning authorities have policies which allow an existing dwelling in the countryside to be replaced, subject to certain criteria.

The principal planning issue is often the scale of the replacement dwelling.

Some local authorities have specific policies controlling the increase in floorspace, volume or footprint compared with the existing property. Others take a more flexible approach based on the individual circumstances of the site.

Design, landscape impact, the character of the surrounding area and the relationship between the existing and proposed dwelling will also be relevant.

Re-use of Agricultural and Rural Buildings

There can also be opportunities to convert existing rural buildings into residential or other uses.

One of the most important routes is Class Q permitted development, which allows certain agricultural buildings to be converted into residential dwellings, subject to meeting the relevant criteria and obtaining the necessary prior approval.

Class Q can be particularly useful because it provides a route to residential development without requiring a conventional planning application for the principle of the change of use.

Rural Workers' Dwellings

National planning policy recognises circumstances where new housing may be required in the countryside to support rural businesses.

Where there is an essential need for a rural worker to live permanently at or near their place of work, an exception to normal countryside housing policies may be possible.

This can apply to businesses such as agriculture, forestry and equestrian enterprises.

Such applications normally require evidence to demonstrate the functional need for the dwelling, as well as evidence relating to the financial and operational circumstances of the business.

Exceptional or Innovative Housing

There are also circumstances where a new home in an isolated location may be acceptable where it is of exceptional quality or innovative design.

This is a relatively narrow planning exception and should not be regarded as a general opportunity to build new homes in the countryside.

A proposal relying on this approach would need to demonstrate a genuinely exceptional design response and a high standard of architecture.

Other Development Options Outside a Settlement Boundary

Residential development is often the most challenging form of development outside a settlement boundary, but other types of development may be more readily supported.

Depending on the local planning policy framework, opportunities can include:

• Buildings supporting the development and diversification of agricultural and other land-based rural businesses;

• Outdoor sport and recreation facilities;

• Cemeteries and burial grounds;

• Allotments and community facilities;

• Extensions and alterations to existing buildings;

• Replacement buildings;

• Rural employment and tourism uses; and

• The conversion or re-use of existing buildings.

The specific policies applying to the site will determine whether any of these options are appropriate.

How Do I Know Whether My Site Has Development Potential?

The most important point is that being outside a settlement boundary does not automatically mean that development is impossible.

While local planning authorities generally seek to direct new development towards existing settlements, there are a number of circumstances where development outside a settlement boundary can be acceptable.

Every site is different, however, and there is no single policy route that will apply to every proposal.

A planning appraisal undertaken at an early stage can identify opportunities and constraints before significant money is spent on architects, surveys and a planning application.

If you have land outside a settlement boundary and would like to understand whether it has development potential, contact me to arrange a planning appraisal.

Andrew Ransome MRTPI - Email: andrew@andrewransome.co.uk

About me

Andrew Ransome is a Planning Director and a Chartered Member of the Royal Town Planning Institute (RTPI), with more than two decades of experience in town planning.

He specialises in delivering strategic planning solutions for complex developments across both rural and urban environments, helping clients navigate planning challenges and unlock development opportunities. Connect with Andrew on Linkedin.

Get in touch for planning advice: Email: andrew@andrewransome.co.uk

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The content on this website is provided for general information purposes only and does not constitute planning or legal advice. Planning policy, legislation, and case law change over time, and every planning matter should be assessed on its own merits. No responsibility is accepted for any loss or action taken in reliance on the content of this site. The projects, planning applications and appeals presented on this website reflect professional work undertaken by, or involving me, throughout my career, including work undertaken in both my current and previous employment positions.