Council refusal of nine green belt homes in Walmersley overturned

The authority had rejected the plans for new housing on land off Bentley Lane in Walmersley, citing concerns over housing density and the site’s location in the countryside.

The application, submitted by Jamie Unsworth, was for permission in principle on the land, which sits adjacent to the M66 motorway and north of Bentley Lane.

Permission in principle attempts to set out whether development on the land would be acceptable, but does not grant direct consent for housing to be built.

The plot borders the M66 motorway and consists of greenfield land with an area of allotments to the southern boundary, with several outbuildings and structures.

The larger portion of the site was previously in agricultural use.

A former quarry lies to the north-west boundary, which is now a mature woodland, and there is residential development bordering Bentley Lane and Walmersley Old Road.

Following refusal in December 2025, the applicant appealed to the Government's Planning Inspectorate.

Now, in a decision published by inspectors on June 26 and mentioned in papers at the authority's planning committee on Tuesday, inspector J Smith allowed the appeal and granted permission in principle.

The report concluded that the proposal should not be refused on grounds of density or location, with the inspector saying: "I do not consider that the proposed development, taking into account the specific site constraints and surrounding design context observed during my site visit, would be at an inappropriately low density for this location."

The site covers approximately 0.64 hectares and could accommodate up to nine dwellings, equating to a density of around 14 dwellings per hectare.

This falls below the 35 dwellings per hectare minimum set by the Places for Everyone Joint Development Plan 2024.

However, Mr Smith noted that site-specific factors, including the adjacent M66 motorway, steep topography, and existing trees, support a lower-density scheme.

He said: "The presence of the motorway is a key constraint. It would require the layout and design of any development to mitigate the potential noise impacts from the motorway on its future occupants.

"In addition, the site has a steep gradient rising from the M66 towards Bentley Lane."

The inspector also considered the site's character and surroundings, contrasting it with denser developments further south.

He said: "This location represents a transition from the built-up area to the countryside where a lower density of development would be characteristic and appropriate."

The land lies within the Green Belt, where new housing typically constitutes inappropriate development.

However, both Bury Council and the inspector agreed that the plot qualifies as "grey belt" land under the National Planning Policy Framework, and its development would not fundamentally undermine Green Belt purposes.

"Grey belt" is defined as land in the green belt comprising previously developed land and/or any other land that, in either case, does not strongly contribute to any of the purposes of the green belt.

The council also acknowledged a wider unmet need for housing in the area.

Public objections raised during the appeal included concerns about wildlife, highway safety, and the living conditions of future residents.

The inspector noted that these technical matters will be fully considered at the second stage of the permission in principle process.

He said: "It is therefore not possible to reach definitive conclusions on these matters at this stage."

Some objections referenced crime occurring under the nearby M66 bridge, though the inspector said there is no evidence linking these claims to the proposed development, and noted that property values and loss of private views are not material planning considerations.

While the addition of up to nine homes will make only a small contribution to meeting Bury’s identified housing need, the inspector said it is nonetheless valuable in light of the council’s current housing land supply shortfall.

He concluded: "For the reasons set out above, in having regard to its location, the proposed land use and the amount of development, I conclude that the appeal should be allowed."

No planning conditions can be attached to a permission in principle, which only confirms that the location, use, and scale of development are acceptable.

A technical details consent application must now be submitted and approved before construction can begin.