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by Munro Research

Land Use (Garden Protection) Bill


Official Summary

A Bill make provision for the protection of gardens and urbans green spaces; and for connected purposes

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Overview

The Land Use (Garden Protection) Bill aims to strengthen the protection of gardens and urban green spaces in England and Wales during planning processes. It mandates that planning authorities give special consideration to preserving these areas when making decisions.

Description

This bill amends the Town and Country Planning Act 1990. Key changes include:

  • New Planning Duty: A new clause (71B) is added, requiring planning authorities to give "special regard" to preserving gardens and urban green spaces when exercising their functions under relevant planning legislation (including the Greater London Authority Act 1999 and the Planning and Compulsory Purchase Act 2004).
  • Definition of "Green Space": A definition of "green space" is added to section 336, encompassing land used as public gardens, for public recreation, or benefiting wildlife and biodiversity.

The bill applies only to England and Wales.

Government Spending

The bill doesn't directly specify government spending. The impact on spending would likely be indirect, potentially including increased administrative costs for planning authorities in assessing the impact on green spaces, or potentially reduced costs from fewer disputes if green space preservation is prioritized.

Groups Affected

  • Planning Authorities: Will have an increased responsibility to consider green space preservation in their decision-making.
  • Developers: May face greater restrictions on development proposals that affect gardens and urban green spaces.
  • Local Residents/Communities: Could benefit from increased protection of green spaces in their neighbourhoods.
  • Environmental Groups: May see the bill as a positive step towards biodiversity conservation and environmental protection.
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