Will the clampdown on “garden grabbing” affect you?
Yesterday, the new Communities Minister Greg Clark announced that he intends to change the planning classification of gardens to tackle the so-called problem of ‘garden grabbing’. As a result, gardens will no longer be considered “Brownfield land” (i.e. land that has been previously developed).
This is something that has been on Mr Clark’s agenda for sometime. In fact, the BBC covered a story way back in 2006 when he tried to introduce a Protect Private Gardens Bill. You can read about it here.
It’s worth noting that Mr Clark is the MP for Tunbridge Wells. As a much sought after area of the South East, Tunbridge Wells is an area where land is at a premium and where housing demand is historically strong… so is one of the rare areas where garden grabbing has been a bit of a problem… however how much of a problem is it in the rest of the UK?
Is “garden grabbing” really the problem it’s made out to be?
In my recent blog post on the topic of garden grabbing, I mentioned that planners already have powers to stop this practice. But the fact remains, that despite media and government spin, garden grabbing isn’t a major problem for much of the UK.
How do I know?
Well, let’s just take a look at the recent independent research that the previous Government commissioned to investigate the issue of inappropriate developments within back gardens.
The review found that: “Of the 127 [councils] 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.”
So how will the new legislation affect us developers and land finders?
Regardless of whether garden grabbing is a problem or not (even though over 50% of councils don’t actually think that it is!), it appears that gardens have now been reclassified in the Government’s new Planning Policy Statement 3 (PPS3) which you can read here.
So what kind of effect will this have on us developers and land finders?
Well, overall, pretty limited I would say. Though I think the impact will differ around the country. For example, earlier today I looked back at the deals I’ve done in recent years… and, actually, I can only find one such ‘garden land’ deal that would’ve been affected by this reclassification.
All my other deals have been Brownfield sites used for other purposes, so as such, they wouldn’t have been affected by the policy change. These included an MOT garage and petrol station, a tyre and exhaust garage, a public house, a farm house and barns, a former Church, the site of a lodge that had been land filled, a haulage depot, a van sales yard… to name but a few!
All of these were sourced off market and none of them were gardens.
What about my current ‘garden site’ deals?
Having said that, I have just agreed a price on three garden sites and am ready to submit planning on one of them this week. So will the new legislation affect my deals? Probably not…
The fact is, there are many different kinds of “garden-type developments”. Some will be more suitable than others, and ultimately, as with all developments, it’s going to depend on what you propose to build on the land… and how it sits within the specific characteristics of that locality.
So I will still continue to look at these opportunities for now, because I think that even when the policy does change it will be much more applicable to certain geographical areas – such as the South East – and also specific areas within each town.
For example, in my hometown of Bolton, it is well known that Lostock and Heaton are the most affluent wards where demand for large houses has been most keen for many years.
In these areas, the local planners have already severely restricted the practice of developing in gardens – as well as the demolition of a large property sitting in a big plot and replacing it with a higher density development. So I can see the change in policy will only help to “shore up” the council’s defence against the practice.
However, in other areas of Bolton I would expect less resistance, providing that the scheme was in-keeping with planning regulations and in-keeping with the local neighbourhood…
The main thing to ask yourself with any development is this: Does it sit well within its surroundings?
Let me show you an example…
Below is a “back garden” type of site that I looked at recently. The fact is, these have always been tricky when it comes to getting planning…
I wanted to demolish the existing pair of large semi detached houses in the centre of an acre plot. However, even with existing planning laws, the planners where able to resist the scheme as they argued it wasn’t in keeping with the design policies of their Unitary Development Plan (UDP).
The planners were looking at the proposal in its locality, not the wider area. As annoying as it is, to some degree I could see their point!
Now compare that to the plot below. This is more of an infill garden plot…
Here, we have a pair of semi-detached houses. One of them has a large garden that is over grown and not used. Here I have done a deal with the owner and I intend to submit planning for a single detached house. This opportunity is a natural infill and won’t alter the character of the area.
So as you can see, these are two completely different examples of garden-type opportunities that I believe will be considered differently by the planners. Both would be profitable if acquired at the right price.
Below is another example that “makes sense” from a planning point of view as it is a natural infill.
So how can we protect ourselves against a sudden change in policy?
I’m not sure about how long it will take for the policy change to take place, though it appears to be immediately enforceable if local councils are minded to do so. However, when considering your developments it’s crucial that you carry out thorough due diligence as usual.
To be on the safe side, it might be wise to stick to more appropriate, less controversial garden types schemes like the ones shown above. Stay away from back land type development, as they are often fraught with difficulties. Also, make sure you check your proposals with the local planning office before delving too deep into a deal! You may have to look at their policy more carefully at the outset.
Don’t forget, of course, that there are thousands of other Brownfield opportunities out there too! You most certainly don’t need to stick to garden sites to make money in this game. Though they are (or have been) a great place to start.
We will just have to wait and see how the policy emerges. However, I suspect that it will be locally driven so will vary considerably around the UK. Plus, much will depend on the development scheme that you are proposing – just as it does now.
In short, always ensure that your proposed developments are in-keeping with both the neighbourhood and the local planning regulations. In this respect, nothing much has changed. There are still plenty of prime opportunities out there just waiting to be discovered…
And if you find that “garden grabbing” becomes more restricted in your area, then it can only serve to increase demand yet further for other types of Brownfield site, leading to lucrative opportunities for land finders and developers alike!
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Great blog Lyndon, thnaks for sharing.
Rich
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This is really useful information. Many people are not aware of this issue and you highlighted the main issues and possible policy changes that could occur in the not too distant future.
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