– in the House of Commons at 2:19 pm on 8 May 2009.
I beg to move, That the Bill be now read a Second time.
I have very little time. My Bill is designed to protect back gardens, front gardens and green land, and to tackle some of the problems of overdevelopment. There have been a number of attempts over the years to legislate through private Members' Bills to deal with the problem, and many debates in the House. Without doubt, the issue needs to be addressed, as I have seen over the years from developments in my constituency, especially in Mill Hill, Hale and Edgware wards, but not limited to them—developments that begin, continue and conclude with the changing of the fundamental character of a residential neighbourhood.
In my area one often finds, on turning a street corner, that the old houses have been knocked down and a block of flats has been built since one last went down that road. Some people have sold off their back gardens to developers, who apply for planning consent to build four or five houses or a block of flats on the land. We must do something to protect gardens wherever they may be, even if they are not formally defined as part of the green belt. That is what my Bill seeks to do.
Clause 1(2) inserts new sections in the Town and Country Planning Act 1990 to create a new requirement that planning authorities should give "special regard" to gardens and green spaces. It is not restrictive in the way that designating a piece of land as a greenfield site would be. It simply gives a nudge to planning authorities to use their discretion. Rather than telling them that they must do something, it simply reminds them not to forget about back gardens and their importance to the character of an area and the way of life of a community.
I shall give one or two examples from my constituency. The case is well made by a decision by the planning inspectorate concerning an application at 57-63 Marsh lane and 9-11 Glenwood road, Mill Hill. It was strenuously opposed by the local community, Mill Hill Preservation Society, Laing Field and Moat Mount residents association and many others. The appeal was on the proposal to build seven houses in a row of back gardens, but the inspectorate allowed it. The inspector said:
"As far as the backland is concerned I think that six dwellings sited as proposed, in spacious gardens . . . would not look unreasonably cramped."
The inspector also commented that the gardens have an interesting biodiversity, but ignored that fact. That application had been opposed by the local community and rejected by the council with my support and that of the ward Liberal Democrat councillors, but the decision was overturned by the inspectorate on appeal. Holders Hill road in my constituency has virtually ceased to exist as it was originally constructed due to such developments.
My Bill also deals with urban green spaces laid out as a public garden and land used for public recreation or having wildlife and biodiversity. A couple of sports grounds have gone. The Mill Hill tennis club in Flower lane sold out to developers. It cannot be blamed for that: it was offered a huge amount of money. A block of flats was then erected on the tennis courts.
The same thing happened in west Hendon. The Neeld tennis club, a long-standing tennis club, was the lessee of the site. The new freeholders gave it a lump sum to take out a new lease and money to move out. There was then a planning application. The inspector said that although
"UDP Policy...seeks to resist the loss of playing fields", he did not think that private clubs counted towards that. He criticised the council for not having done its homework to establish the level of demand for tennis courts, and, surprise, surprise, he went on to say:
"Despite the opposition of local residents I find no compelling reason as to why residential development would not be an acceptable alternative use on the site if it were to be redeveloped."
He allowed six dwellings on the site.
Now the club has to move out and the council has agreed to give it part of a public park—two thirds of Sturgess park—on which to build a new tennis club. Obviously many questions arise around that, but of greater importance is the sequence. We lost the original club to a housing development—not affordable housing—and now we are losing public open space to relocate the private tennis club that was displaced by that housing development.
My Bill aims to tackle these problems. I could give many more examples, but we do not have the time for that. It does not do so in a heavy-handed way, but it does remind the council, and the planning inspector, that our green spaces, gardens, front and back, parks and recreational spaces and areas of biodiversity are important to all of us. They must be given due regard, but they are not at the moment. We must act as quickly as possible before our green spaces become overdeveloped brownfields. I have had letters of support from all over the country. The Bill's time has come and I hope that my hon. Friend the Minister will not talk the Bill out.
I am aware that time is short. I congratulate Mr. Dismore on securing his place in the private Members' ballot and bringing forward this important debate. I also pay tribute to my hon. Friends the Members for Meriden (Mrs. Spelman) and for Tunbridge Wells (Greg Clark), who initiated similar debates in the past.
Because of the lack of time, it is not appropriate to go into the full background of the situation regarding garden and backland development. Suffice it to say that one of the criticisms of the Bill is that it has too narrow a focus and does not look at the wider context of the Government's policies on garden and backland development. It is interesting that the concept of special regard to the desirability of conserving gardens and urban green spaces is a loose one. Were the Bill to proceed, I hope that it would be looked at more robustly in Committee.
As we are short of time, it might be worth mentioning that the policy that existed prior to 2000, which was enunciated by the last Conservative Government in 1992 under planning policy guidance note 3, did not include any definition of gardens as brownfield, and neither did it contain density targets. Indeed, the guidance discouraged residential infill where inappropriate and gave a broad discretion for councils to protect the character of their locality. It stated:
"Where authorities consider that the pressure for development and redevelopment is such as to threaten seriously the character of an established residential area which ought to be protected, they may include density and other policies in their local plans."
It added:
"Where the planning authority considers that existing densities in a particular area should not be exceeded, a policy to that effect in the local plan can help to deter the speculative demolition of sound housing."
The hon. Gentleman will be aware that the Conservative party, if elected to government, is committed to altering the rules on brownfield development, returning them to the position in 1992. With that, I support the Bill.
It is a pleasure to congratulate my hon. Friend Mr. Dismore on his efforts to introduce the Bill. I pay tribute to his work. I hope that I do not talk the Bill out in the vast number of seconds that I have to discuss it, but I should like to speak briefly about its two main elements.
First—
The debate stood adjourned (
Ordered, That the debate be resumed on