What is Brownfield Land?

The definition of ‘brownfield land’, or ‘previously developed’ land, is set out by Government in the National Planning Policy Framework (NPPF). In its simplest form, it is land which is, or was, occupied by a permanent structure. However, there are exceptions to this general rule, such as sites occupied by agricultural or forestry buildings, land utilised for minerals extraction, or residential gardens and parks. The full definition can be read in the Glossary to NPPF (Annex 2).

What is a Brownfield Land Register?

As part of the evidence base to support the development plan, all local planning authorities are required to prepare and publish a register of previously developed brownfield land on an annual basis.

Part 1 of the Register is a schedule of brownfield sites considered to be suitable, available, and achievable for residential development at the time of assessment. This includes sites with planning permission and those without.

To be included, a site must meeting the following criteria: * Be at least 0.25 hectares (ha) in size, or capable of accommodating at least five dwellings; and, * Considered to be ‘deliverable’ or ‘developable’ with the next 15 years, following assessment in the Strategic Housing Land Availability Assessment (SHLAA), after taking account of any constraints and deliverability issues.

Therefore, it excludes small brownfield sites, land not currently assessed as suitable for residential development, and/or those sites where residential development is not considered achievable at this time.

Some sites include a mix of both greenfield and brownfield land. In this instance, only the brownfield element of the site is included on the Register.

Whilst the focus is on residential development, land earmarked for a range of potential future uses is included, but a lower site yield (capacity for new dwellings) recognises the potential for inclusion of other development, such as commercial or retail space, alongside housing.

Once included on the Register, a site is not removed. Rather, if circumstances change, and the land would no longer meet the necessary criteria, that record is archived. Examples include when a revised assessment means the land is no longer suitable and/or achievable for residential development. Similarly, sites for which planning permission has been granted for housing development are also archived once the development is completed.

It is important to note that, as with the SHLAA, the inclusion of a site on the Brownfield Land Register does not mean that planning permission has been granted or will necessarily be granted for housing development. Nor does the inclusion of a site on the Register give any additional weight or status if an application for planning permission is made.

What is Permission in Principle?

Part 2 of the Register comprises the sites in Part 1 that the local planning authority has decided would be suitable for a grant of permission in principle (PiP) for residential development. Prior consultation will be carried out by the Council on any sites proposed to be granted Permission in Principle (PiP).

For any site granted Permission in Principle in Part 2 of the Register to gain a full implementable planning permission, the landowner or prospective developer would need to submit a separate fee-chargeable application for ‘Technical Details Consent’. The PiP-compliant development must then commence on site within five years.