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by Munro Research

Protection of Garden Land (Development Control) Bill


Official Summary

A Bill to protect private gardens from development which is out of character with the surrounding area; to make provision about the circumstances in which a planning application may be rejected by a local authority and about rights of appeal in such circumstances; to prohibit repeated planning applications in certain circumstances; and for connected purposes

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Overview

This bill aims to protect private gardens from inappropriate development by giving local planning authorities guidance to treat gardens as greenfield sites and providing stronger appeal rights against planning permissions that conflict with this guidance or local development plans. It also extends the timeframe for rejecting repeated planning applications and mandates guidance on protecting mature trees.

Description

Guidance on Garden Development

The bill requires the Secretary of State to issue guidance within 12 months, instructing local planning authorities to consider private gardens as greenfield land for development purposes. Significant developments inconsistent with the surrounding area should be refused.

Appeal Rights

The bill amends the Town and Country Planning Act 1990 to allow appeals to the Secretary of State against planning permissions granted contrary to the development plan or the new garden development guidance. Affected individuals and local amenity societies can appeal.

Repeated Planning Applications

The bill increases the period from two to three years during which local planning authorities can refuse to consider repeated planning applications that have previously been rejected.

Tree Protection

The Secretary of State is required to issue guidance to local planning authorities on utilizing their powers to protect large or mature trees during the planning process.

Government Spending

The bill doesn't directly specify government spending. However, the costs associated with issuing guidance, processing appeals, and potential legal challenges resulting from stricter planning controls could increase government expenditure. No figures are provided in the bill itself.

Groups Affected

  • Local Planning Authorities: Will need to implement new guidelines and handle a potentially increased volume of appeals.
  • Homeowners: May face more restrictions on garden development, but also have stronger rights to appeal inappropriate developments.
  • Developers: May experience more difficulties gaining planning permission for garden developments deemed inconsistent with surrounding areas.
  • Environmental groups and amenity societies: Have additional avenues to challenge developments considered harmful to the local environment.
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