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protect private gardens from development which is out of character with the |
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surrounding area; to make provision about the circumstances in which a |
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planning application may be rejected by a local authority and about rights of |
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appeal in such circumstances; to prohibit repeated planning applications in |
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certain circumstances; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Guidance to local planning authorities on proposed development in gardens |
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(1) | The Secretary of State shall, within 12 months of the date on which this Act is |
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passed, issue guidance to local planning authorities. |
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(2) | The guidance issued under subsection (1) shall include provision that— |
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(a) | the gardens of private houses should be regarded for development |
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control purposes as greenfield sites, and |
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(b) | applications for planning permission for significant developments in |
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such locations should be refused where they are out of character with |
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2 | Right to appeal against grant of planning permission |
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(1) | Section 78 of the Town and Country Planning Act 1990 (c. 8) (“the 1990 Act”) |
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(right to appeal against planning decisions and failure to take such decisions) |
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(2) | After subsection (2) insert— |
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“(2A) | Where a local planning authority grants an application for planning |
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permission which is inconsistent with— |
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(a) | the development plan, or |
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(b) | any guidance issued under section 1 of the Protection of Garden |
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Land (Development Control) Act 2009 (guidance to local |
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planning authorities on proposed development in gardens of |
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| any person who is affected by the application, or any society |
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representing local amenity interests, may by notice appeal to the |
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3 | Power of local planning authority to decline to determine applications where |
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similar applications have been refused |
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(1) | Section 70A of the 1990 Act (power of local planning authority to decline to |
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determine applications) is amended as follows. |
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(2) | In subsection (2) for “two years” substitute “three years”. |
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4 | Guidance to local planning authorities on protection of trees |
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The Secretary of State must issue guidance to local planning authorities on the |
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use of their powers under section 197 of the 1990 Act (planning permission to |
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include appropriate provision for preservation and planting of trees) in order |
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to ensure the protection of large or mature trees in urban or suburban areas. |
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“local planning authority” has the same meaning as in section 1 of the |
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“the 1990 Act” means the Town and Country Planning Act 1990 (c. 8). |
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6 | Short title, commencement and extent |
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(1) | This Act may be cited as the Protection of Garden Land (Development Control) |
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(2) | This Act shall come into force at the end of the period of two months beginning |
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with the day on which it is passed. |
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(3) | This Act extends to England and Wales only. |
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Protection of Garden Land (Development Control) Bill |
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To protect private gardens from development which is out of character with |
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the surrounding area; to make provision about the circumstances in which a |
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planning application may be rejected by a local authority and about rights of |
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appeal in such circumstances; to prohibit repeated planning applications in |
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certain circumstances; and for connected purposes. |
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| | | | | | | | | | | | | | | | | Ordered, by The House of Commons, |
| | | | to be Printed, 3 February 2009. |
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© Parliamentary copyright House of Commons 2009
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Applications for reproduction should be made in writing to the Information Policy Team,
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Office of Public Sector Information, Kew, Richmond, Surrey TW9 4DU
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PUBLISHED BY AUTHORITY OF THE House of Commons
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LONDON — THE STATIONERY OFFICE LIMITED
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Printed in the United Kingdom by
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The Stationery Office Limited
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