Garden protection legislation mooted

Caroline Spelman MP, a backbench Conservative MP, has won parliamentary approval for a Bill designed to give planning authorities a specific power to protect gardens from being redeveloped for housing.

Spelman promoted a similar Bill during the previous parliamentary session but it was opposed by the Government and "talked out".

As last time Spelman's proposed legislation has all-party support. She told the Commons: "I am once again asking for simple provision to be made in planning law so that councils can, where they feel it is appropriate, protect gardens from  being built on."

She added: "the logic for developers is that garden sites tend to be in areas of higher real-estate value. The end result is that two-bed roomed flats are created at a price that is beyond the pocket of first-time buyers. Also, small developments built in back gardens frequently fall below the threshold for providing affordable homes. The preference for blocks of flats on garden sites has meant that the genuine need for affordable family homes is simply not being met."

A spokesperson for Communities and Local Government said: "Local authorities have always had the power to turn down applications for inappropriate housing development in back gardens and new planning rules that came into force in April have strengthened those powers further.

"In particular, councils have now been given the ability to set local policies that specifically protect gardens and to separate gardens out from their wider Brownfield development targets."

Spelman's proposals – the Land Use (Garden Protection) Bill – will now be published. The legislation is due a second reading in the Commons in June.

Read the Commons Hansard record (18 March, column 752)

Roger Milne

27 March 2008