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Protection of Garden Land (Development Control) Bill


 

Protection of Garden Land (Development Control) Bill

 

 
 

Contents

1   

Guidance to local planning authorities on proposed development in gardens

of private houses

2   

Right to appeal against grant of planning permission

3   

Power of local planning authority to decline to determine applications where

similar applications have been refused

4   

Guidance to local planning authorities on protection of trees

5   

Interpretation

6   

Short title, commencement and extent

 

Bill 54                                                                                                 

54/4

 
 

Protection of Garden Land (Development Control) Bill

1

 

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. 

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:—

1       

 Guidance to local planning authorities on proposed development in gardens

of private houses

(1)   

The Secretary of State shall, within 12 months of the date on which this Act is

passed, issue guidance to local planning authorities.

(2)   

The guidance issued under subsection (1) shall include provision that—

5

(a)   

the gardens of private houses should be regarded for development

control purposes as greenfield sites, and

(b)   

applications for planning permission for significant developments in

such locations should be refused where they are out of character with

the surrounding area.

10

2       

Right to appeal against grant of planning permission

(1)   

Section 78 of the Town and Country Planning Act 1990 (c. 8) (“the 1990 Act”)

(right to appeal against planning decisions and failure to take such decisions)

is amended as follows.

(2)   

After subsection (2) insert—

15

“(2A)   

Where a local planning authority grants an application for planning

permission which is inconsistent with—

(a)   

the development plan, or

(b)   

any guidance issued under section 1 of the Protection of Garden

Land (Development Control) Act 2009 (guidance to local

20

 

Bill 54                                                                                                 

54/4

 
 

Protection of Garden Land (Development Control) Bill

2

 

planning authorities on proposed development in gardens of

private houses),

   

any person who is affected by the application, or any society

representing local amenity interests, may by notice appeal to the

Secretary of State.”

5

3       

Power of local planning authority to decline to determine applications where

similar applications have been refused

(1)   

Section 70A of the 1990 Act (power of local planning authority to decline to

determine applications) is amended as follows.

(2)   

In subsection (2) for “two years” substitute “three years”.

10

4       

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 1990 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 areas.

15

5       

Interpretation

In this Act—

“local planning authority” has the same meaning as in section 1 of the

1990 Act;

“the 1990 Act” means the Town and Country Planning Act 1990 (c. 8).

20

6       

Short title, commencement and extent

(1)   

This Act may be cited as the Protection of Garden Land (Development Control)

Act 2009.

(2)   

This Act shall come into force at the end of the period of two months beginning

with the day on which it is passed.

25

(3)   

This Act extends to England and Wales only.

 
 

 

Protection of Garden Land (Development Control) Bill

 
 

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. 

 

Presented by Mr Paul Burstow

 
 

supported by

 
 

Tom Brake, Lorely Burt, Andrew George,

 
 

Susan Kramer and Mr Edward Davey.

 
 

Ordered, by The House of Commons,

 
 

to be Printed, 3 February 2009.

 
 

© Parliamentary copyright House of Commons 2009

 

Applications for reproduction should be made in writing to the Information Policy Team,

 

Office of Public Sector Information, Kew, Richmond, Surrey TW9 4DU

 


 

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Bill 54(xxxxxx)54/4
 

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