This document discusses brownfield registers and permission in principle in the UK. It provides the following key points:
- Brownfield registers are local registers of previously developed land suitable for residential development. They are updated annually. To date, 310 local authorities have published brownfield registers identifying 26,000 hectares of developable land.
- Permission in principle allows determination of acceptable uses, scale and location of development in principle. It is granted either through the brownfield register process or via separate application. Further technical details consent is still required to obtain full planning permission.
- The measures aim to improve transparency of brownfield land, provide more certainty for developers, and help track progress in delivering new housing. However, critics
2. Presentation to Land Condition Symposium
8 March 2018
What is a brownfield register?
Part 1
• Local authority register of Previously Developed Land* suitable for residential
development.
• Sites of 0.25 ha or capable of supporting at least 5 dwellings
• Not applicable to sites subject to Schedule 1 EIA regulations
• Based on the SHLAA (Strategic Housing Land Availability Assessment)
Process
• Updated Annually
Part 2 – Grants Permission in Principle
2
*Defined by annexe 2 NPPF
3. Presentation to Land Condition Symposium
8 March 2018
To date
• 310 local authorities have published a brownfield register
• Reveals a national (England) picture of 26,000 hectares of
developable land.
• Not aware of any sites having progressed to Part 2 of brownfield
registers yet
• (source: house of commons library)
4. Presentation to Land Condition Symposium
8 March 2018
Plan and Registers grant permission in principle Application
for permission
in principle
Local Plan
Neighbourhood Plan
Brownfield
register
Application for Technical Detail Consent
Permission in Principle –routes available (HPA
2016)
From 1/6/18
5. Presentation to Land Condition Symposium
8 March 2018
Routes to getting planning permission:
Full application
Outline + Reserved Matters
Development Consent Order
Permission in Principle + Technical Details Consent
6. Presentation to Land Condition Symposium
8 March 2018
Permission in Principle
• Local authorities may grant Permission in Principle through
brownfield register or following application (from 1/6/18)
• Principle matters = Use, Amount, location
• Subject to Statutory Consultation
• Must be followed by Technical Details Consent to get
full planning permission
• Cannot revisit principle of development in subsequent details
application
7. Presentation to Land Condition Symposium
8 March 2018
Order / regulations Area covered Into force
Town and Country Planning (Brownfield
Land Register) Order 2017
What and when is needed for
entry into Part 1 of a Brownfield
Register and Criteria for entry
into Part 2 (granting PiP)
16 April 2017
Town and Country Planning (Permission in
Principle) Order 2017
What is required for granting of
PiP in Brownfield Register
15 April 2017
Town and Country Planning Act 1990 s70 (2ZZA-2ZZC) legal procedure
for Technical Details Consent
In the Housing
and Planning
Act 2016
Town and Country Permission in Principle
(Amendment) Order 2017
Allows application for PiP by an
applicant.
1 June 2018
Town and Country Planning (Fees for
Applications, Deemed Applications,
Requests and Site Visits) (England)
(Amendment) Regulations 2017
Fees – what you’ll pay for PiP 17 January 18
8. Presentation to Land Condition Symposium
8 March 2018
Reflections - why were measures introduced?
• Manifesto commitment to make the best use of brownfield land
(and protect Green Belts)
Enable residential development by:
• improving the availability and transparency of information,
• providing certainty and encourage investment
• help to measure progress in delivering permissions
9. Presentation to Land Condition Symposium
8 March 2018
Reflections – What’s the incentive?
• More certainty - FMB welcomes PiP on application route
• Costly for LPAs to progress to part 2 of Brownfield Register
• Technical Details Consent is “an application for planning
permission” - is this really “streamlining”?
• Additional legislation/requirements proportional to objectives?
10. Presentation to Land Condition Symposium
8 March 2018
Reflections – brownfield development
• Right to make best use of
Brownfield Land
• Brownfield only part of the
solution to solving the housing
crisis.
• Not all brownfield land in suitable
locations (e.g. access to public
transport, jobs, community
infrastructure)