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A review of the laws protecting vital green spaces is urgently needed, yet despite a government promise last November to undertake this, nothing has happened.
Greenfields recreation ground, Shrewsbury, saved through the Day case. Photo: Open Spaces Society
Meanwhile, the government has undermined its own promise by supporting an amendment (248) to the English Devolution and Community Empowerment Bill, due to be debated in the House of Lords on 13 April.
The amendment, tabled by Lords Banner (Conservative) and Grabiner (crossbench), spells out a procedure whereby local authorities, which have failed to follow the rules for disposal of open space under section 123(2A) of the Local Government Act 1972(1), can recover the situation. Bizarrely, Baroness Taylor of Stevenage, parliamentary under-secretary of state for housing and local government, has added her name to it.
We are deeply concerned about the amendment, the content of which, we aver, should form part of the review and not pre-empt it.
Says Helen Monger, one of our case officers: ‘We are opposed to this amendment because it is both premature and flawed. It could have a wide-ranging effect on green spaces throughout England, enabling them to be made subject to disposal and development.
‘When Lord Banner brought a similar amendment to the Planning and Infrastructure Bill on 3 November 2025, the minister, Baroness Taylor of Stevenage, opposed it. She announced “a wider review of existing protections … to bring coherence to the legal framework, making protections more transparent and accessible, so that communities can protect their most valued open spaces”.
‘That was five months ago, and she has not yet said when the review will start. While there may be an issue for certain older cases that needs addressing, Lord Banner’s pro-development amendment should be considered in the wider review, rather than pre-empting the outcome.
‘Although amendment 248 is apparently aimed at killing Save Wimbledon Park’s legal challenge against the All-England Lawn Tennis Club, currently in the courts, it in fact goes much further, and could damage green spaces far into the future. At the very least it should only apply to cases where green spaces have already been disposed of without following the proper procedures, and not to future cases.
‘We are grateful to Lord Lucas for tabling amendments to amendment 248, which clarify and moderate its effect. We urge the government to rethink its stance, to start the promised review, and to prevail on Lord Banner to withdraw the amendment, so that our green spaces get the attention and protection they deserve’, Helen concludes.