New Legislation – relating to brownfield land registers (16/04/2017) …

The following 1 new Statutory Instrument (SI) comes into force on 16/04/2017:

New Legislation:

  • April 2017: SI 2017 No. 403 - The Town and Country Planning (Brownfield Land Register) Regulations 2017 (pdf) (link).


  • The above SI 2017 No. 403 is not summarised on the Planning Jungle website.
  • The "Explanatory Note" (link) at the end of the above SI includes the following information:
    - "These Regulations place a duty on each local planning authority responsible for determining applications for housing development to prepare, maintain and publish a register of previously developed land (commonly known as "brownfield land") which is suitable for residential development. "Previously developed land" has the same meaning as in the National Planning Policy Framework, as it has effect from time to time. [...]".
    - "The register must be in 2 parts. Brownfield land will be entered in Part 1 where it meets the criteria in regulation 4(1) and in Part 2 where it has also been allocated by the local planning authority for residential development following mandatory publicity (as set out in regulations 6 to 9) and consultation procedures (as set out in regulations 10 to 13). Where land is entered in Part 2 of the register, it will be granted permission in principle under section 59A of the Town and Country Planning Act 1990 (c. 8). Permission in principle and its effect are described in sections 58A, 59A and 70(2ZZA) to (2ZZC) of that Act (those sections were inserted by section 150 of the Housing and Planning Act 2016).".
    - "Regulations 14 to 18 make provision for exemptions, information which must be included for each entry in the register, public inspection of the register, review and revision of the register and provision of a power for the Secretary of State to be able to require local planning authorities to give the Secretary of State information in relation to their registers.".

Other Sources of Information:

  • February 2016: Technical consultation on implementation of planning changes (pdf) (link).
    - Note: For a summary of the above document, please view this post.
  • March 2017: Government response to the technical consultation on implementation of planning changes - Permission in principle and brownfield registers (March 2017) (pdf) (link).
  • March 2017: Explanatory Memorandum to SI 2017 No. 402 and SI 2017 No. 403 (pdf) (link).
  • Note: The above "Explanatory Memorandum" states the following:
    - "We will publish guidance to support the introduction of brownfield land registers and permission in principle. It is our intention to publish it by June 2017."

Updates to the Planning Jungle website: