impose conditions on the sale of parkland by local authorities; 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
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Sale of parkland by local authorities
This section applies to land owned by a local authority which is—
an area of scattered mature or ancient trees overlying pasture or arable
land, which may (but need not) be of particular landscape or historic
laid out as a public garden;
used for the purposes of public recreation;
a disused burial ground; or
an area of open space which particularly benefits wildlife and
A local authority may not sell a piece of land to which this section applies with
a view to the land’s being developed (whether by the purchaser of the land or
by a subsequent purchaser) unless—
a local referendum has been held in the area of the local authority, and
the majority of the voters in the referendum have voted in favour of the
The Secretary of State may make regulations about local referendums under
A local authority may establish a parkland association in respect of a piece of
land to which section 1 applies to carry out such functions in respect of the
management of the land as it considers appropriate.
The local authority must ensure that the parkland association is properly
representative of the local community.
The Secretary of State may make regulations about parkland associations.
Guidance to local planning authorities on proposed development in gardens
The Secretary of State must issue guidance to local planning authorities to the
the gardens of private houses should be regarded for development
control purposes as greenfield sites, and
applications for planning permission for significant developments in
such locations should normally be refused.
Right to appeal against grant of planning permission
Section 78 of the principal Act (right to appeal against planning decisions and
failure to take such decisions) is amended as follows.
After subsection (2) insert—
Where a local planning authority grant an application for planning
permission which is inconsistent with—
the development plan, or
any guidance issued under section 3 of the Local Government
and Planning (Parkland and Windfall Development) Act 2006
(guidance to local planning authorities on proposed
development in gardens of private houses),
any person who is affected by the application, or any society
sufficiently representing local amenity interests, may by notice appeal
to the Secretary of State.”
Power of local planning authority to decline to determine subsequent
application where similar applications have been refused
Section 70A of the principal Act (power to decline to determine subsequent
application) is amended as follows.
In subsection (2) for “two years” substitute “three years”.
Guidance to local planning authorities on protection of trees
The Secretary of State must issue guidance to local planning authorities on the
use of their powers under section 197 of the principal Act (planning permission
to include appropriate provision for preservation and planting of trees) in
order to ensure the protection of large or mature trees in urban or suburban
There shall be paid out of money provided by Parliament—
any expenses incurred by a Minister of the Crown in consequence of this Act,
any increase attributable to this Act in the sums which under any other Act
are payable out of money so provided.
The power of the Secretary of State to make regulations under this Act is
exercisable by statutory instrument.
A statutory instrument containing regulations under this Act is subject to
annulment in pursuance of a resolution of either House of Parliament.
in relation to England—
a London borough council,
the Common Council of the City of London,
the Council of the Isles of Scilly, and
a parish council; and
in relation to Wales—
a county borough council, and
a community council;
“local planning authority” has the same meaning as in section 1 of the
“the principal Act” means the Town and Country Planning Act 1990 (c. 8).
Short title, commencement and extent
This Act may be cited as the Local Government and Planning (Parkland and
Windfall Development) Act 2006.
This Act shall come into force at the end of the period of two months beginning
with the day on which it is passed.
This Act extends to England and Wales only.