Independent research shows extent of garden grabbing can be resolved by clear planning policy

Housing and Planning Minister John Healey has published independent research that shows inappropriate building on back gardens is not a widespread, national problem and is often linked to councils' failure to have local policies in place.

The final report by Kingston University, Garden developments: understanding the issues - An investigation into residential development on gardens in England is available on the CLG website.

PPS3 offers guidance to councils so that they can tackle obstacles in the planning system which mean that not enough suitable sites are available to deliver the homes families and local people need. The guidance says sets out that councils need to identify suitable land for housing over a 15 year period, to ensure the delivery of houses are not held up.

The clear priority for development will remain previously-developed or brownfield land. The latest provisional estimates for 2008 show that 79 per cent of homes were built on brownfield land, up from 56 per cent in 1997, exceeding the target of 60 per cent.

The Kingston research demonstrates that local authorities can deal successfully with unwanted applications for garden development through the development of strong local policies. The report also finds that the Planning Inspectorate, the Government agency that deals with appeals, are supportive of local authority decisions about whether or not to develop on garden land, especially where local policies are in place.

He told the small minority of councils who reported issues in 'hot spot' areas that the power to act is already in their own hands if they establish clear, local policies.

In England, 363 local planning authorities were approached for their views. Of the 127 who responded, less than half (50 councils) considered it an issue in their areas. Of those who reported a problem, only 5 per cent (7 councils) had specific, local policies in place. The report concludes that councils with local plans in place were more successful at stopping inappropriate development on garden land. In 2007-2008, 6892 dwellings were refused on appeal and 1739 were granted permission (approximately only one in five), demonstrating that independent Planning Inspectors uphold decisions to stop development if local policies are in place.

Nevertheless, Mr Healey promised action to head off any current or future problems by today strengthening national policy advice, to make crystal clear that previously developed land, which can include garden land, is not necessarily suitable for development, and that the decisions to stop unsuitable building on gardens rest at a local level.

The intensive, countrywide review by Kingston University was commissioned last year to assess the nature and extent of the issue across the country and how it could be tackled. Garden grabbing can affect the character of an area if very different properties are built alongside family homes. The research concluded that although the issue is not a widespread national problem, a minority of councils in London, the South East and West Midlands had reported an impact in their areas.

Mr Healey has today issued strengthened national planning guidance and instructed the Chief Planning Officer, Steve Quartermain, to write to planners across the country outlining how councils can identify and deal with garden grabbing through local plans, in turn giving them greater discretion to refuse inappropriate development.

Mr Healey said: 'Councils are leaving an open door for inappropriate development if they do not have local plans in place, and the power to stop this lies in their hands. Councils already have the tools they need to deal with this issue and this evidence shows that when they have a local policy in place they can accurately judge the need for new homes on previously developed land, using their own discretion, and protect the essence of a neighbourhood.

'If those areas that have reported a problem don't want to see developments on garden land, they are tying their own hands by not having a local plan in place. This evidence shows that planning inspectors will support local authorities in rejecting inappropriate buildings in gardens if there is a clear idea of what the area needs.

'Over time, so-called 'garden grabbing' can change the look and feel of a community without giving local people a choice, so it is good news that councils have told our independent experts that it is not a problem in the large majority of areas. I am determined to keep it that way and to see tougher action in a small number of garden grabbing hotspots.

'For my part, I am changing the official guidance for planners to make it crystal clear that previously developed or former garden land is not necessarily suitable for development, and that the impact on the surrounding area should be considered."