London Green Belt Council

Green Belt appeal decisions

1938 Act land

 

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Updated 11 May 2007, this page includes various recent decisions on appeals against refusal of planning consent. Summarises of appeal decisions arising from refusal of planning consent are available at www.Planning Reource.co,uk/dcs, with a copy of the decision letter also available for a fee.

 'SoS' = Secretary of State. 'DETR' is now ‘DCLG’ = Dept for Communities and Local Government.


1938 Green Belt Act is still in effect and could be used to protect even more land.

Under the Green Belt (London and Home Counties) Act 1938, land could, and can still, gain green belt status by means of an express dedication by the landowner, perhaps in return for monetary compensation from the local authority. Once so dedicated, a plan showing the green belt boundaries would be deposited with the minister of health.

Most statutory green belt was already owned by local authorities and could not be sold without the minister\rquote s consent. This consent was also required before any building could be constructed on the land. There were exceptions for highway improvements, sewers etc. Although in planning terms this act may be considered obsolete, in legal terms it is not. Title Deeds do not show if land has been dedicated as green belt. If it has been dedicated, ministerial consent is still required by law. Land can still become dedicated under this 1938 Act, perhaps by way of a Section 106 agreement. It would give greater protection against future development that simple reliance on PPG2.


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