A landmark case which was discussed at the Court of Appeal could have an impact on the number of new homes built on back gardens, say property experts at Bruton Knowles.

The case of Dartford Borough Council v Secretary of State for Communities and Local Government was heard last month after the council appealed a decision to allow a private traveller site, comprising one mobile home and one touring caravan, within the green belt area situated within Shirehall Farm in Dartford.

At the centre of the case was the definition of ‘previously developed land’ outlined in the National Planning Policy Framework (NPPF) and whether this excludes residential gardens or just those in ‘built up areas’.

The Judge found that only residential gardens within ‘built up areas’ are exempt from this definition, yet residential gardens outside ‘built up areas’ are considered brownfield land.

This outcome will inevitably have a greater impact on the number of new homes built on back gardens as the government’s Housing Whitepaper prioritises brownfield development.

This interpretation has resulted in many smaller communities creating and adopting a neighbourhood plan, which will run alongside a local authority’s adopted planning policy to provide extra protection against speculative development. Locally the Thurgarton Neighbourhood Plan has recently been approved by the planning inspectorate and public referendum.

Whilst back garden development is clearly controversial, in cities like Nottingham underdeveloped land is considered a premium. Nottingham’s suburbs neighbour the countryside and there will now be greater opportunity for securing permission for housing development in back gardens within this countryside - unless the government chooses to amend the definition of ‘previously developed land’ in the NPPF.

For help with all your property matters contact Paul Barton on 0115 988 1160 or email This email address is being protected from spambots. You need JavaScript enabled to view it.