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Policy H/GL: Garden land and subdivision of existing plots

What this policy does

This policy sets out criteria to determine when it will be acceptable in principle for garden land and existing residential plots to be developed for new housing or residential annexes. 

Policy H/GL: Garden land and subdivision of existing plots

1. The development of land used as residential gardens for new dwellings or residential annexes will only be permitted where: 

  a. The residential amenity and privacy of neighbouring existing and new properties is protected; 

  b. The proposed siting, design, scale, and materials of construction of the new dwellings or residential annexes are appropriate to the surrounding pattern of development and the character of the area; 

  c. There is the existence of, or ability to create, safe and adequate amenity spaces, vehicular access arrangements and parking spaces for the existing and proposed dwellings or residential annexes, and these spaces are designed to fully utilise permeable materials to reduce surface flooding risk; 

  d. Sufficient garden and amenity space around existing dwellings is retained; and 

  e. There is no detrimental effect on the potential comprehensive development of the wider area. 

2. Additionally, a residential annexe will only be permitted where: 

  a. It is subordinate in scale to the principal dwelling; 

  b. Its occupant(s) share the existing vehicular access, parking spaces, garden and amenity spaces with the principal dwelling; 

  c. It remains in the same ownership as, and is occupied in conjunction with, the principal dwelling; 

  d. Occupation of the annexe is ancillary to the principal dwelling; and 

  e. It meets the internal residential space standards and accessible and adaptable homes standards set out in Policy H/SS: Residential space standards and accessible homes.

3. Proposals for new dwellings within settlements will be subject to other policies in the development plan, including policy S/SH: Settlement hierarchy and Policy S/DE: Defined Extents. Proposals for new dwellings and residential annexes outside of settlements will only be acceptable where they meet the requirements in Policy S/DE: Defined Extents and Policy H/DC: Dwellings in the Countryside.  

Supporting information

Textbox 1022, TextboxNational planning policy sets out that Local Plans should consider the case for setting out policies to resist inappropriate development of residential gardens, though there is currently no national guidance specifically relating to residential annexes. Gardens are an important environmental asset and can make a significant contribution to local character and amenity. Residential gardens within built up areas are not defined as previously developed land by national planning policy. However, some forms of redevelopment and infill development, which are well designed and make efficient use of land, will continue to be a valuable additional source of housing supply. This policy defines the criteria which would need to be met for such proposals to be deemed not inappropriate, alongside compliance with other policies in the local plan. 

The Councils anticipate that there will be increasing demand for residential annexes as intergenerational living rises, people live longer, and the costs of residential care remain high. To support families and an ageing population, well-designed residential annexes that help households adapt to changing circumstances will be supported, provided the annexe remains subsidiary to the principal dwelling. Occupation of any residential annexe permitted will be restricted through planning conditions to ensure that a new independent dwelling is not created. 

This policy relates both to developments where an existing dwelling or dwellings are demolished for redevelopment and the proposed replacement dwelling(s) cover a wider footprint than the original, and where an existing dwelling is retained and a new dwelling(s) or a residential annexe is erected in the garden. 

Residential outbuildings (that are permitted via Class E of the General Permitted Development Order 2015) are specifically for uses that are incidental to the enjoyment of the principal dwelling, and therefore should not contain all the primary living accommodation functions of kitchens, bathrooms, and bedrooms. Residential outbuildings should not be capable of being occupied as residential annexes or independent dwellings. 

Supporting topic paper and evidence studies

  • : Homes Topic Paper (2025)

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We will consider all comments while developing the next version of the .

All comments must be received by 30 January 2026 at 5pm.