Alliance Planning

The Coalition Government has today altered PPS3 on Housing to remove private residential gardens from the definition of ‘previously developed land’, commonly referred to as ‘brownfield’ land. The change also excludes parks, recreation grounds and allotments from the definition. In addition, PPS3 now states: ‘There is no presumption that land that is previously-developed is necessarily suitable for housing development not that the whole curtilage should be developed.’

 

These changes fulfil a pledge contained in the Conservative and Lib Dem election manifestos. In a statement issues today Planning and Deregulation Minister Greg Clark MP said: "Today I am changing the classification of garden land so councils and communities no longer have their decisions constantly overruled, but have the power to work with industry to shape future development that is appropriate for their area.”

 

In addition, reference to a national indicative density requirement of 30 dwellings per hectare has now been removed from paragraph 47. Instead the revised wording states “Local Planning Authorities may wish to set out a range of densities across the plan area rather than one broad density range.”

 

These changes do not mean that residential development on existing gardens is now prohibited. Rather, it changes the emphasis to one of a more neutral stance, whereby residential schemes on gardens are still subject to normal development control criteria, but will no longer benefit from paragraph 41 of PPS3, which states that 60% of new housing should be provided on previously developed land. This target had previously been a driving force behind Planning Inspectors’ decisions to allow appeals for residential development relating to garden land. This 60% target will no longer be relevant to residential gardens following the change in definition of previously developed land.

 

The changes to PPS3 do not alter the fact that there is still a housing shortage in many areas of the country, which is unlikely to be resolved in the near future. Urban residential areas are still the most sustainable locations for new dwellings in the majority of cases and so proposals that involve development on gardens should not be shelved as a result of these policy changes. However, the full implications will not yet be known until decisions are tested at appeal and in the courts.