Housing and Planning Minister John Healey has published new, independent research that shows inappropriate building on back gardens is not a widespread, national problem and is often linked to councils' failure to have local policies in place.

He told the small minority of councils who reported issues in "hot spot" areas that the power to act is already in their own hands if they establish clear, local policies.

363 local planning authorities were approached for their views.

Of the 127 who responded, less than half (50 councils) considered it an issue in their areas. Of those who reported a problem, only 5% (7 councils) had specific, local policies in place. The report concludes that councils with local plans in place were more successful at stopping inappropriate development on garden land. In 2007-2008, 6892 dwellings were refused on appeal and 1739 were granted permission (approximately only one in five), demonstrating that independent Planning Inspectors uphold decisions to stop development if local policies are in place.

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Mr Healey promised action to head off any current or future problems by strengthening national policy advice, to make crystal clear that previously developed land, which can include garden land, is not necessarily suitable for development, and that the decisions to stop unsuitable building on gardens rest at a local level.

Mr Healey said: "Councils are leaving an open door for inappropriate development if they do not have local plans in place, and the power to stop this lies in their hands. Councils already have the tools they need to deal with this issue and this evidence shows that when they have a local policy in place they can accurately judge the need for new homes on previously developed land, using their own discretion, and protect the essence of a neighbourhood.

"If those areas that have reported a problem don't want to see developments on garden land, they are tying their own hands by not having a local plan in place. This evidence shows that planning inspectors will support local authorities in rejecting inappropriate buildings in gardens if there is a clear idea of what the area needs."

(CD/GK)