The Hobbs Parker Blogs

Decentralisation Minister Greg Clark has announced today that Councils and communities are to be given immediate powers to prevent ‘inappropriate’ development on residential gardens, a practice that has been dubbed ‘garden grabbing’.

Previously planning guidance had classified gardens as previously developed or ‘brownfield’ land (in the same category as derelict buildings), however from today Government planning guidance has excluded private residential gardens from the definition of previously developed land (often referred to as brownfield land).

In the announcement today Greg Clark said:

“it is ridiculous that gardens have until now been classified in the same group as derelict factories and disused railway sidings, forcing councils and communities to sit by and watch their neighbourhoods get swallowed up in a concrete jungle…..Today I am changing the classification of garden land so councils and communities no longer have their decisions constantly overruled, but have the power to work with industry to shape future development that is appropriate for their area”.

Speaking on BBC Radio 4 this morning John Prescott, who introduced the original ‘brownfield’ designation for gardens, defended his policy and attacked the proposals in a heated debate, saying:

“You have got to look at how many homes we need and where they will be built. We are desperately short of land……We are talking about the few people who may object to the house in their street that's going to be used for social housing…. I'm talking about families who haven't got a ruddy home... We desperately need houses. Prices are far too high. It's the bankers who buggered up the economy, and oddly enough it started with housing…. It's the old Tory policy spouted by millionaires, always for the few not the many."

As part of the announcement today Greg Clark made it clear that this was just the start of ‘wholesale reform’ that he wants to make for the planning system, so that Councils and communities are centre-stage and the planning system is not just a tool of top-down policy.

Hobbs Parker will be keeping a close eye on these reforms to the planning system and advising our clients on the implications for future development proposals.

What are the likely implications for landowners and developers?

David Jarman commented:

“In principle, the changes are not as great as they might appear at first sight; local authorities have always had discretion to decide whether or not a particular development on land presently forming part of a garden to a house was acceptable, taking into account the character of the area, and other planning considerations relevant to a particular proposal.  However, it is likely that objectors to new developments, and some elected members of planning committees, may feel the changes provide support to the refusal of a greater number of planning applications for such developments, as a matter of course.

In the long run, if more applications are refused, then it will mean more Greenfield land on the edge of settlements, often agricultural land, being required to accommodate new homes.

In the short run, any owner of land with an existing planning permission for development, not yet implemented, on such sites would be well advised to take early action to commence the development permitted.  Our planning team at Hobbs Parker would be happy to advise on the steps necessary to protect such a position, in the light of this latest change”.

Please contact David Jarman for further information

david.jarman@hobbsparker.co.uk

Posted by David Jarman