Very Special Circumstances
Sorry if this is a bit technical but it’s important to understand the implications.
The threat to our countryside and Green Belt is not just due to the introduction of grey belt, although that is a massive game-changer.
The planning system still includes something called ‘very special circumstances’ (VSC) which has been used previously to approve development in the Green Belt, way before grey belt became a glint in the current Government’s eye.
VSC was a primary reason why the housing developments at Maitland Lodge (47 houses), Southend Road (99), Kennel Lane (179), Dunton Road (269), and on other Green Belt sites in borough, were all approved over recent years.
In fact, the 4 developments approved in 2025 as grey belt all had an alternative justification based on VSC in the planning officers report.
The primary VSC that allows harm to the Green Belt is when the local planning authority, or council, has a poor record of housing delivery (measured by the Housing Delivery Test) and does not have an adequate supply to deliver housing going forward to meet the Government’s housing need target (measured as the 5 Year Housing Land Supply).
Any authority or council that is failing against those two metrics is vulnerable to having Green Belt developments approved simply to meet those housing targets. Even if they refuse permission a Planning Inspector is very likely to approve an inevitable appeal from the applicant. We saw this at Maitland Lodge, Kennel Lane and Dunton Road.
Those submitting planning applications, or more specifically their legal teams, know how to argue VSC to secure permission. Likewise justifying grey belt now.
Basildon council has produced its position for the year 2024/25 and for the Housing Delivery Test they are at just 33% of target and for the 5 Year Housing Land Supply the figure is 1.88 years. These are very poor numbers and leaves the council highly exposed.
We wanted to raise this as whilst grey belt has become a very emotive matter, VSC still lurks in the background and it could be many years before the housing delivery numbers are fixed. The situation is made worse by the Government ever increasing the housing need target. The council is forever playing catch up.
This matter came up when the Billericay District Residents’ Association commissioned a planning barrister to look at the grey belt decisions. The barrister confirmed that VSC would have also applied.
Note.
The 5 Year Housing Land Supply is measured on houses expected to be built out of those that have been given planning permission over the next rolling 5 year period. These are two very different numbers. It can take years for houses to be built after approval has been granted. Permissoins alone do not fix any shortfall in the 5 Year Housing Supply number.
The threat to our countryside and Green Belt is not just due to the introduction of grey belt, although that is a massive game-changer.
The planning system still includes something called ‘very special circumstances’ (VSC) which has been used previously to approve development in the Green Belt, way before grey belt became a glint in the current Government’s eye.
VSC was a primary reason why the housing developments at Maitland Lodge (47 houses), Southend Road (99), Kennel Lane (179), Dunton Road (269), and on other Green Belt sites in borough, were all approved over recent years.
In fact, the 4 developments approved in 2025 as grey belt all had an alternative justification based on VSC in the planning officers report.
The primary VSC that allows harm to the Green Belt is when the local planning authority, or council, has a poor record of housing delivery (measured by the Housing Delivery Test) and does not have an adequate supply to deliver housing going forward to meet the Government’s housing need target (measured as the 5 Year Housing Land Supply).
Any authority or council that is failing against those two metrics is vulnerable to having Green Belt developments approved simply to meet those housing targets. Even if they refuse permission a Planning Inspector is very likely to approve an inevitable appeal from the applicant. We saw this at Maitland Lodge, Kennel Lane and Dunton Road.
Those submitting planning applications, or more specifically their legal teams, know how to argue VSC to secure permission. Likewise justifying grey belt now.
Basildon council has produced its position for the year 2024/25 and for the Housing Delivery Test they are at just 33% of target and for the 5 Year Housing Land Supply the figure is 1.88 years. These are very poor numbers and leaves the council highly exposed.
We wanted to raise this as whilst grey belt has become a very emotive matter, VSC still lurks in the background and it could be many years before the housing delivery numbers are fixed. The situation is made worse by the Government ever increasing the housing need target. The council is forever playing catch up.
This matter came up when the Billericay District Residents’ Association commissioned a planning barrister to look at the grey belt decisions. The barrister confirmed that VSC would have also applied.
Note.
The 5 Year Housing Land Supply is measured on houses expected to be built out of those that have been given planning permission over the next rolling 5 year period. These are two very different numbers. It can take years for houses to be built after approval has been granted. Permissoins alone do not fix any shortfall in the 5 Year Housing Supply number.
