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Council wins permission to take 'garden-grabbing' case to Court of Appeal

A borough council has obtained permission from the Court of Appeal to appeal a High Court ruling in what is billed as a key case on ‘garden grabbing’.

According to Cornerstone Barristers, the High Court 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.).

Lord Justice Lindblom has now granted permission to appeal. Cornerstone – one of whose barristers, Ashley Bowes, appeared for Dartford – said the judge 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 could 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," the set said.

Ashley Bowes is instructed by Trevor Griffths at Sharpe Pritchard LLP.

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