Overview

This Planning Bill amendment, rejected by the Commons, aimed to strengthen the protection of gardens and green spaces during planning processes in England. The Lords proposed a new statutory duty on planning authorities to prioritize their preservation, but the Commons deemed this unnecessary and inappropriate.

Description

The Lords' Amendment No. 115 sought to add a new clause to the Town and Country Planning Act 1990, mandating "special regard" for preserving gardens and urban green spaces in planning decisions. This included a definition of "green space" encompassing various types, from public gardens to wildlife habitats. Crucially, the amendment limited the ability of higher-tier planning authorities to override local decisions protecting green spaces, unless demonstrating necessity for national housing targets or impropriety in the local decision. The Commons rejected this amendment, citing it as unnecessary and inappropriate.

Lords' Amendment No. 160 concerned regulations under Clause 207, aiming to require a 60-day period for parliamentary scrutiny of the regulations before approval. This was rejected by the Commons as it concerned financial matters.

Government Spending

Neither amendment directly involved significant government spending. Amendment No. 115 could indirectly impact spending if it led to fewer housing developments but no specific financial implications were included in the bill text.

Groups Affected

• Local Planning Authorities: Amendment No. 115 would have significantly increased their responsibility and limitations in planning decisions involving green spaces.
• Developers: Amendment No. 115 could have restricted development opportunities, potentially increasing costs and delays.
• Residents: Amendment No. 115 could have led to greater protection of green spaces near their homes, improving amenity, while Amendment No. 160 potentially affected the process for implementing new regulations.
• Environmental Groups: Amendment No. 115 would have been beneficial to their aims for environmental protection.
• Parliament: Amendment No. 160 would have increased their scrutiny of regulations.

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