18 October 2010
On 9 June 2010 the Department for Communities and Local
Government (CLG) changed the definition of 'previously developed
land' (brownfield land) to exclude private residential gardens.
This has led many to believe that the Government has now put a
blanket ban on building in gardens. This is not the case. CLG has
now fully explained its position on 'garden grabbing':
"The announcement on 9 June 2010, which excluded private
residential gardens from being defined as previously developed
(brownfield) land, gave local authorities the power to take action
against development on garden land where they consider it to be
unacceptable. This means that they no longer have to allow
applications just to meet a target for development on
previously-developed land.
The removal of gardens from the definition of previously
developed land does not signal a blanket ban on such
development. Rather, it removes a flaw in the old planning
policy framework that encouraged authorities to grant sometimes
unsuitable planning applications just to meet a target for
development on previously developed land.
The previous policy, which classified gardens as previously
developed land, led to a significant amount of development taking
place on garden land because local authorities felt pressurised
into granting permission for development purely to meet their
targets for housing imposed by unaccountable regional plans. This
has had a detrimental effect on the character of many
neighbourhoods and reduced the supply of larger family
homes.
We are committed to decentralising power over housing and
planning development back to local people and local councils. The
change emphasises that local communities and their Councils should
decide on the type of development they feel is suitable for their
area, rather than being constantly overruled by top down targets,
regulations and plans."
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