Make provision for the protection of gardens and urban green spaces; 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:—
Amendment of the Town and Country Planning Act 1990
The Town and Country Planning Act 1990 (c. 8) is amended as follows.
After section 71A insert—
Duty as respects gardens and urban green space in exercise of
In the exercise of any function under or by virtue of the planning Acts,
the Greater London Authority Act 1999 (c. 29) or the Planning and
Compulsory Purchase Act 2004 (c. 5), special regard shall be had to the
desirability of preserving gardens and urban green spaces.”
In section 336, after the definition of “function”, insert—
land laid out as a public garden;
land used for the purposes of public recreation; or
an area of open space which benefits wildlife and
This Act may be cited as the Land Use (Gardens Protection Etc) Act 2009.
This Act extends to England and Wales only.