Regulation 3 of the Town and Country Planning (Brownfield Land Register) Regulations 2017 requires local planning authorities (LPAs) in England to prepare, maintain and publish registers of previously developed (brownfield) land by 31 December 2017. The Brownfield Registry consists of two parts, where applicable – Part 1 all brownfield sites which meet the required criteria (see below); and Part 2 brownfield sites which are granted permission in principle. Regulation 17 requires LPAs to review their register at least once a year.
According to the Regulations, sites which are to be included in Part 1 of the Brownfield Registry must meet the following criteria:
- Land has an area of at least 0.25 hectares or supports at least 5 dwellings;
- Land is suitable for residential development;
- Land is available for residential development; and
- Residential development is achievable (development is likely to take place within 15 years).
In order for a LPA to include a site in Part 2 of the registry, they must decide to allocate the land for residential development and it must meet all the criteria listed above (for Part 1). Where a site is proposed for a grant of permission in principle, the LPA must undertake the necessary requirements for publicity, notification and consultation. This process involves:
- Display a site notice for at least 21 days;
- Display specified information on the website for no less than 14 days;
- Take into account representations received;
- Undertake specific notification/consultation requirements for sites within 10m of railway land, or where the LPA considers that residential development would constitute development that requires consultation with the county planning authority, the Mayor of London or other parties (as identified in the table in Schedule 4 to the DMPO); and
- Serve notice on a neighbourhood forum or parish council, where they have previously requested to be notified.
At present Brentwood Borough Council has prepared Part 1 of the Brownfield Registry as required by the regulations. Part 2 of the Brownfield Registry will be published if the Council decides to grant planning permission in principle for any of the sites included in Part 1, following the required criteria outlined above.