Issue details

Earlier this year it became a legal requirement for local planning authorities to prepare, publish and update, at least once a year, a brownfield land register.  This report seeks agreement to publish the council’s first Brownfield Land Register by the statutory deadline of 31 December 2017.  The purpose of brownfield land registers is to provide up-to-date, publicly available information on brownfield land that is suitable for housing. They are aimed at increasing the take up of suitable brownfield land for housing, providing greater certainty for developers and communities and encouraging investment in local areas.

The Register should have two parts. Part 1 includes all previously developed land in the local planning authority’s area that meets the following four criteria - that the land has an area of at least 0.25 hectares or is capable of  supporting at least 5 dwellings; is suitable for residential development; is available for  residential development; and residential development of the land is achievable.  The terms “suitable”, “available” and “achievable” are defined in the Regulations.  Such sites will include those with planning permission and allocated in a local or neighbourhood plan.

Part 2 comprises sites from Part 1 that have, in addition, been granted planning ‘permission in principle’ (PiP) by the local planning authority under the Order.  For inclusion in Part 2, sites must have been subject to certain consultation and publicity requirements, and other procedures set out in regulations. 

The Regulations include exemptions for certain types of land where residential development of that land would be Schedule 1 or Schedule 2 development under the Environmental Impact Assessment Regulations 2011. When deciding which sites to enter on their register a local planning authority must have regard to the development plan, national policies and advice and any guidance issued by the Secretary of State.  Additional sites can be added to the Register in subsequent years.