A planning inspector’s decision that residential gardens in the countryside are brownfield land has come under attack, amid claims it could lead to an increase in “garden grabbing” for development.
Speaking ahead of the hearing, which pits Dartford Borough Council against the secretary of state for communities and local government, Ashley Bowes of Cornerstone Barristers, who represents the local authority, stressed the importance of the case.
He said: “This case has the potential to radically alter the status of private residential gardens in the countryside, from greenfield to brownfield, increasing their prospects for development. A good many people will be watching the outcome with interest.”
In the decision under challenge, an inspector took the view that only residential gardens in built-up areas constitute greenfield land, while countryside gardens are “previously developed”, or brownfield land.
The inspector allowed an appeal and granted planning permission last July for change of use of land in Hawley, Kent, to a private gypsy and traveller caravan site.
The council, which is seeking to have the decision quashed, says that this stance could lead to a return of “garden grabbing”, intensifying development in the countryside.
Mr Bowes told the judge that it effectively makes residential gardens in the countryside “prime candidates for development”.
