Housing: garden land

Changes to PPS3: Housing, policies on "garden grabbing" were introduced in June 2010.

The amendments to PPS3 are intended to assist local authorities and communities to take the decisions about garden development that are best for their area. Despite the headlines when it was introduced it is not a presumption against development on garden land. It is up to local authorities to prioritise what sort of sites it wants to see developed. One of the reasons high density policies are used is to allow the intensive development of existing residential areas, in order to protect greenbelts and areas of open space from development. If a community want to protect residential gardens they need to decide which is the priority, protecting greenfield sites or gardens?

In most areas the amount of garden development is actually very small. However it is a big issue for some local authorities. In particular in the south east and for rural areas and the level of impact on individual neighbours amenity should not be under estimated. 

The RTPI has collated suggested practice advice.

The changes

In June 2010 Decentralisation Minister, Greg Clark announced a reissue of PPS3: Housing with amendments removing private residential gardens from the definition of previously developed land and removing the indicative minimum density.

This was accompanied by a letter from Steve Quartermain to all Chief Planning Officers highlighting the changes as:

• private residential gardens are now excluded from the definition of previously developed land in Annex B
• the national indicative minimum density of 30 dwellings per hectare is deleted from paragraph 47.

Together these changes emphasise that it is for local authorities and communities to take the decisions that are best for them, and decide for themselves the best locations and types of development in their areas..... Local Planning Authorities and the Planning Inspectorate are expected to have regard to this new policy position in preparing development plans and, where relevant, to take it into account as a material consideration when determining planning applications.

The changes were with immediate effect.

The changes appear to be supported by new figures published in August 2010 that suggest the proportion on new dwellings on previously residential land has increased to 25 per cent, up 14 percent since 1997. However this figure should be treated with caution as residential gardens are only one component of the figure.

Industry response

The RTPI responded to the changes saying, Todays announcement is to be welcomed for clarifying the existing policy which does allow councils to manage back garden development and avoid town cramming..... We believe these measures will encourage councils to use their powers to protect the character of residential neighbourhoods but the impact on councils' ability to protect open space, green belt and countryside will need to be monitored.

The TCPA welcomed the changes saying The TCPA has long campaigned to ensure that we safeguard our existing gardens....."

The Planning Officers Society response was more cautious saying "this may mean greater pressure on green belt land, contrary to the coalition Government's stated objective. But if green belts are to be sacroscant then an even greater pressure on countryside greenfield sites may be the result."

The Planning Inspectorate issued guidance for planning inspectors (pdf). It provides advice on handling casework involving garden land or the minimum indicative density for appeals, call-ins and development plan documents.

A note clarifying the changes has been published by RIBA (pdf) for architects and has been agreed in principle by the RTPI.

Garden developments: understanding the issues

Research published by CLG under the Labour administration in January 2010 Garden developments: understanding the issues gives a more detailed picture of the situation. The report was supported by a letter from Steve Quartermain to all Chief Planning Officers, including how specific policies (pdf) might be developed.

Key findings from the report include:

• There is no universally agreed definition of garden land;
• A third of local authorities consider garden development to be an issue. The highest levels of concern were in the south east and London;
• Garden developments occur within pockets of settlements and in authorities which have little other brownfield land available for development;
• Garden developments make the greatest contribution to housing stock in the south east, close to 30 per cent of all new dwellings. However for the authorities who declared an issue, the contribution was closer to 50 per cent;
• In some authorities members go against officers' recommendations to grant consent, leading to officers being unable to successfully defend appeals
• There has been no significant change in the amount of housing provision on brownfield land over the last five years.

Suggested practice advice

• Where robust local policies have been developed and implemented both the incidence and success of appeals is reduced. This is the case at Worcester Council, which has a SPG - Residential Design Guide and where appeal rates are below the national average;
• The potential use of the changes to PPS3, should not be over stated. It does not give justification for refusing all garden land applications. Appeals have been allowed since the revisions have come into force;
• The removal of the minimum density for housing development reinforces the opportunity to use the character of an area as a material consideration;
• Although professional planners may fully understand the issue of garden development, the lack of an explicit definition, can cause confusion amongst developers, the local community and elected members;
• Training and support for elected members helps in reducing the incidence of indefensible decisions and assists councillors in defeating objections on non-planning grounds;
• Monitoring the incidence and type of garden development by the local authority means the cumulative effects on the community and density the can be more clearly understood;
• The use of residential land provides housing that would otherwise need to be provided on sites that may be less desirable from a planning perspective i.e. greenbelt land;
• A sequential test within the definition of brownfield land, using the NLUD-PDL: categories of brownfield land could prove useful in setting priorities;
• Appendix G of Garden developments: understanding the issues (see pg 99) gives examples of local policies that have been found to help LPAs determine garden development applications;
• Letter from CLG to Chief Planning Officers on Development of Garden Land, January 2010 has suggestions of useful policies;
• The London Plan: Interim Housing Supplementary Planning Guidance, April 2010 gives additional guidance on garden development and recognises the importance of private gardens to "local context";
• TCPA has a briefing on "Understanding the environmental and social impact of garden development".