Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Communities and Local Government, what protections for residual amenity space are provided by the regulatory regimes for (a) planning, (b) environmental permitting and (b) health and safety.

Where residual open space is delivered as part of a new development, local planning authorities can consider imposing conditions that prevent the use of the land for other purposes.

If residual open space comes forward for further development, this is likely to require an application for planning permission which must be considered in line with the local plan and national planning policy for open space. The National Planning Policy Framework provides strong protection in relation to building on open space. The Framework makes clear that existing open space, sports and recreational land should not be built on unless an assessment has been undertaken which has clearly shown it to be surplus to requirements, or the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location. The Framework also enables local communities to identify green areas of particular importance to them for special protection by designating them as Local Green Space, through the preparation of local and neighbourhood plans.

The regulatory regime for environmental permitting is a matter for the Secretary of State for Environment, Food and Rural Affairs. The regulatory regime for health and safety is a matter for the Secretary of State for Work and Pensions.