Planning Bill — 12 Nov 2008 at 17:56
moved Amendment No. 129ZA:
After Clause 195, insert the following new Clause-
"Protection of gardens and green spaces
(1) The Town and Country Planning Act 1990 (c. 8) is amended as follows.
(2) After section 71A insert-
"71B Duty as respects gardens and urban green space in exercise of planning functions
In exercise of any function under or by virtue of the planning Acts, the Greater London Authority Act 1999 (c. 29) or the Planning and Compulsory Purchase Act 2004 (c. 5), special regard shall be had to the desirability of preserving gardens, groups of gardens and urban green spaces."
(3) In section 336, after the definition of "function", insert-
""green space" means-
(a) land laid out as a public garden;(b) land used for the purposes of public recreation;(c) a pocket of green, or predominantly green, space in an urban area which the local planning authority considers of townscape importance and which contributes to the character of the area or amenity of local residents;(d) an area of open space which benefits wildlife and biodiversity;"
(4) Nothing in any guidance issued by the Secretary of State, a regional planning authority or other higher tier planning authority may be used by the Secretary of State to set aside a decision made in accordance with the adopted policies of a local planning authority for the protection and preservation of gardens or green space in their local authority area, unless the Secretary of State or planning authority can demonstrate that-
(a) it is essential in the specific case to the achievement of national housing targets; or(b) the decision of the local planning authority was improper.
(5) Nothing in this section shall be construed as-
(a) enabling the Secretary of State or higher tier planning authority to impose targets for local housing densities on a local planning authority in order to override the protection or preservation of gardens, or(b) interfering with permitted development rights."
On Question, Whether the said amendment (No. 129ZA) shall be agreed to?
Their Lordships divided: Contents, 135; Not-Contents, 128.
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