Model law

Town And Country Planning Act (Green Infrastructure) (Amendment) Bill

Olivia's Law

A presumption in favour of the grant of planning permission where a developer can show [●]* about green infrastructure. *To be defined as a measurable and/or quantifiable environmental figure.

Skip to law

Why use this?

There is no general legal requirement for developers to demonstrate how their development will be carbon efficient and biodiverse.

With this model law the existing rules on granting planning are not changed, but an incentive is included to encourage a change from developers about the way in which development is designed so that green infrastructure is a key component.

How it promotes a net zero future

This draft legislation aims to incentivise long-term thinking and to prioritise green infrastructure by giving it a greater value in obtaining planning permissions.

The aim is also to shift developer mindsets.

The law

Town And Country Planning Act (Green Infrastructure) (Amendment) Bill

A BILL TO

Amend the Town and Country Planning Act 1990 to provide a presumption in favour of the grant of planning permission where a development can demonstrate a particular level of green infrastructure.

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

  1. Amendment to Part III of the Town and Country Planning Act 1990, “Control Over Development”

Section 70D Presumption in favour of green infrastructure 70D

1.1 “Green infrastructure” includes:

a. Trees;

b. Hedgerows;

c. Open green spaces which thread through or surround the built environment;

d. Parks;

e. Gardens designed for biodiversity;

f. Green roofs;

g. Allotments;

h. Woodlands;

i. Green corridors;

j. Rain gardens;

k. Reed beds;

l. Wetlands;

m. Watermeadows

n. Wild spaces.

1.2 There is a presumption in favour of the grant of planning permission for any development that can demonstrate:

a. a level of green infrastructure amounting to at least 55% of the land edged red; and

b. the green infrastructure will sequester at least 20% of the carbon emissions that will be created by the development over its lifetime.

1.3 The presumption applies where it can be demonstrated that the green infrastructure will persist for the whole of the life of the development plus 50 years.

1.4 The presumption in favour of the grant of planning permission will be stronger if the development can demonstrate a mix of indigenous trees, which will be maintained for the whole of the life of the development plus 50 years, and which are highly carbon sequestering.

1.5 The Secretary of State will develop guidance on how the elements of this section can be demonstrated.

  1. Extent, commencement and short title

Where it appears to the Secretary of State that a company has acted fundamentally, systemically or consistently in breach of its purpose, it may (i) if it considers it is expedient in the public interest that a company should be would up, present a petition for it to be wound up if the court thinks it just and equitable for it to be so, or (ii) remove its right to limited liability.

2.1  This Act extends to the whole of the United Kingdom.

2.2  This Act comes into force on the day on which it is passed.

2.3  This Act may be cited as the Town and Country Planning Act (Green Infrastructure) (Amendment) Bill [2019].