DEVASSIST: Inspector approves 115-home green belt development after highlighting ‘substantial’ housing land supply shortfall

A planning inspector has granted outline permission for a residential development of up to 115 homes on green belt land in Rushall, Walsall, concluding that the council’s significant shortage of deliverable housing sites outweighed concerns about environmental impact.

The decision followed an appeal by housebuilder William Davis Homes after Walsall Council refused planning permission for the scheme in July 2025.

The proposals relate to a 6.75-hectare site in the West Midlands village of Rushall. William Davis Homes submitted outline plans to develop the site in December 2023.

Walsall Council rejected the application on the basis that the project represented inappropriate development within the green belt. The authority also raised concerns around traffic impacts, harm to wildlife and the potential loss of ancient and veteran trees.

Part of the site also falls within a locally designated area recognised for its ecological value. Around half of the land forms part of a non-statutory Site of Importance for Nature Conservation.

Following the refusal, the developer lodged an appeal with the Planning Inspectorate.

Housing land supply shortfall central to decision

In his decision letter dated 11 February, planning inspector Tom Gilbert-Wooldridge identified the council’s housing land supply position as a key issue.

The council argued it could demonstrate a 1.97-year housing land supply, while the developer contended the figure was closer to 1.01 years. Regardless of the exact calculation, the inspector noted that both parties accepted the authority was significantly below the five-year supply required under national policy.

He stated: “Both parties agree that there is a substantial shortfall regardless of which figure is preferred.”

The Planning Inspectorate therefore considered that the National Planning Policy Framework presumption in favour of sustainable development, often referred to as the “tilted balance”, applied in this case, meaning the council’s housing supply policies carried reduced weight.

Planning balance favours housing delivery

When weighing the planning considerations, the inspector placed considerable importance on the contribution the development would make to local housing delivery.

He attributed “very significant weight to the delivery of 115 dwellings, given the substantial shortfall in housing land supply”.

Further positive factors included the scheme’s alignment with the government’s “golden rules” for releasing green belt land for development. Under the current national policy, these rules require developers to provide additional affordable housing above the local requirement, deliver infrastructure improvements and create or enhance green spaces.

In this case, the scheme proposes affordable housing provision above the council’s existing target.

The inspector also gave moderate weight to the site’s accessibility and wider benefits, including transport links, economic impacts, provision of play space and biodiversity net gain estimated at around 10%.

Environmental concerns acknowledged but outweighed

Environmental harm was recognised as part of the planning balance.

The inspector accepted that the development would have adverse effects on local biodiversity and trees, noting that “these negative effects should not be dismissed lightly”.

However, he ultimately concluded that the benefits of the development outweighed the harm in this instance and allowed the appeal.

Reaction to the decision

Adrian Andrew, Conservative deputy leader of Walsall Council, said:

“It is a shocking decision by PINS and totally against the wishes of the council and, importantly, local people. We are seeing time and time again our green belt is under significant threat from this government, and we are witnessing planning by appeal. Walsall Council will continue to fight applications on the green belt.”

William Davis Homes operations director David Dodge said:

“Our application was submitted in the context of Walsall Council maintaining less than a two-year housing land supply against a national requirement of five years. Following the inspector’s ruling, we look forward to building a development of quality new homes, including 46 much-needed affordable houses and bungalows, to help meet local need for housing.

“As an SME [small or medium-sized enterprise], we do not enter into costly planning appeals lightly. However, we are increasingly finding that appeals are the only viable route to address fundamental issues that are delaying the delivery of much-needed homes and the essential infrastructure that supports them.”

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