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Garden Grabbing Case To Be Heard By The Court Of Appeal

Ashley Bowes has secured permission for Dartford Borough Council to appeal the decision of the High Court in January, which held that residential gardens outside the "built-up area" are previously developed land or brownfield land (Dartford Borough Council v SSCLG [2016] EWHC 635 (Admin.), on which see our news item here). Lord Justice Lindblom, granting permission to appeal, agreed with the Council that the meaning of previously developed land was one of "wider importance" as the issue of whether land is brownfield or greenfield can have a radical effect on the prospects of obtaining planning permission.

The appeal will give the Court of Appeal the opportunity to interpret the scope of the Government's attempt to curb so-called "Garden Grabbing", whereby building takes place on the residential garden of a dwellinghouse.

Ashley Bowes acts for Dartford Borough Council, instructed by Trevor Griffths at Sharpe Pritchard LLP.