CPRE - THE HERTFORDSHIRE SOCIETY

PLOTLANDS: THE SUB-DIVISION OF RURAL LAND

Have you bought, or are you tempted to buy, a small plot of formerly agricultural land in the countryside in the hope that it may some day be granted planning permission for development? Do you realise that these sites are being marketed at around twenty times their value as agricultural land¹, without planning permission for development or even the prospect of planning permission being granted in the foreseeable future, if ever?

Article 4 Directions

Are you aware that, once the local Council has put an Article 4 Direction on the land, removing permitted development rights, you will not be able to erect fencing, gates or walls or any other minor development on the site without applying for planning permission (which would almost certainly be refused)? In other words, you won’t be able to do anything on the land; except either stand or sit on it for a short period, or cultivate it.

Destruction of the countryside

Does it matter to you that, by buying one of these plots of land, you are contributing to the destruction of the English countryside? Whole fields are being taken out of agricultural use, divided up into small plots using stakes and wire, and then left to grow weeds. If left unchecked, these weeds will develop into scrubland and eventually, by the process of natural succession, into low-grade woodland. Alternatively, if the unwanted vegetation is removed, usually by chemical means, the land is left looking like a desert. Very often, in order to divide the land into plots and provide access for the buyers, hedges are removed and trees chopped down, thus destroying some of the features that made the area attractive in the first place.

Green Belt policy

The land speculation companies selling the plots claim that the Government’s declared intention to see more homes built in the South East of England means that the plotland sites will eventually be developed. This is misleading. Most of the sites are in the designated Green Belt where very restrictive planning policies apply². Green Belt policy is one of the most enduring planning policies and one which the majority of people in the country support. Government recognition of this was shown by the Deputy Prime Minister’s assurance that Green Belt land in every Region in England would be maintained or increased³.

Where the land is not in Green Belt, but is greenfield (undeveloped) land, it will fall foul of the Government’s housing policy in PPG3 which states that previously-developed land should be used before greenfield sites⁴. The Government target is for 60% of new housing to be provided on previously-developed (“brownfield”) land or through conversion of existing buildings. This target has already been achieved nationally.

The claim is also made that land is a finite resource, no new land is being made, and therefore it is bound to increase in value rapidly. Again, this is misleading. Although the total net supply of land may not change significantly, land for building is recyclable and can be used again and again. This is precisely what is meant by re-using previously-developed land and buildings.

Examples of planning permission being refused

There are already examples of planning permission on plotland sites being refused by the local Council. This has happened in East Hertfordshire District, where the Council turned down applications for houses on five adjacent plots at Hay Lane, Braughing⁵, and in St Albans District, where the Council refused an application for housing on a plot at Kimpton Bottom⁶.

Government awareness

The Government is aware of the problem of the sub-division of rural land into small plots for sale, and is considering possible measures for dealing with it. In April 2004, the Office of the Deputy Prime Minister sent a letter to the Chief Planning Officers of all local planning authorities in England reminding them of the potential remedies already available⁷. Among the remedies suggested are: the use of Article 4 Directions to remove permitted development rights; the use of Discontinuance Orders under Section 102 of the Town and Country Planning Act 1990; the use of Section 215 powers to make good the loss of public amenity by requiring owners to remedy the condition of land; and the use of compulsory purchase powers to bring the land into public ownership. The Government is discussing with local planning authorities how existing measures can be strengthened and what new measures should be introduced to deal with the consequences of the creation of plotlands.

NOTES

1 Agricultural land is worth about £2,500 to £3,000 an acre. Plotland sites are being marketed at the equivalent of £60,000 or more an acre.

2 Under Planning Policy Guidance Note 2 (PPG2), the construction of new buildings in the Green Belt is inappropriate development, except for certain limited purposes, and should not be given planning permission, unless very special circumstances exist for making an exception.

3 John Prescott’s statement in the House of Commons on 5 February 2003 about the Sustainable Communities Plan.

4 Planning Policy Guidance Note 3 (PPG3) March 2000, paragraph 32: “In determining the order in which sites … should be developed, the presumption will be that previously-developed sites (or buildings for re-use or conversion) should be developed before greenfield sites”.

5 Planning applications 3/03/1415 and 3/03/1863-1866, East Hertfordshire District Council, November 2003.

6 Planning application 5/04/0141, St Albans City & District Council, March 2004.

7 The Sale of Rural Plots and the Planning Consequences: letter dated 19 April 2004 from John Stambollouian, Head of Planning Development Control Division, ODPM. http://www.odpm.gov.uk/stellent/groups/odpm_control/documents/contentservertemplate/odpm_index.hcst?n=2167&l=1http://www.odpm.gov.uk/stellent/groups/odpm_control/documents/contentservertemplate/odpm_index.hcst?n=2167&l=1

August 2004

CPRE—The Hertfordshire Society 31a Church Street Welwyn Herts AL6 9LW

Phone: 01438 717587 Fax: 01438 714984 Email:office@cpreherts.org.uk