Rural gardens are brownfield (Court case)

[Temp]

Interesting court case in todays Times. 

 

Dartford Borough Council v Secretary of State for Communities and Local Government

Land that was in the private residential curtilage of a house but not in a built-up area was "previously developed land" for the purposes of the National Planning Policy Framework 2012

 

Some time ago most gardens were thought to have been excluded from the definition of "previously developed land" in the NPPF. However the wording in the NPPF says.. "This excludes... land in built-up areas such as private residential gardens, parks, recreation grounds and allotments". The recent court cases appear to have held that rural gardens (eg those not in a "built-up area")  are still considered to be "previously developed".

 

This might make it easier for some people to get PP on some rural land.

 

   

 

  

 

 

[ToughButterCup]

I think I'm right in saying that was at least part of the rationale for our successful application. Bless SWMBO for buying it in 1985.

[ProDave]

This is written into the local policy up here.

 

There is a general presumption against building in the hinterland around towns.  the exeptions are:

 

It is an infill plot between existing houses.

It is in an established development or group of houses

It is garden ground to an existing house.

 

So it's clearly written into the local planning policy here that you can reasonably expect to get PP to build a new house in an existing garden.

 

P.S our plot got permission because it met both of the first 2 tests.