MHCLG is seeking responses by 28 February 2025 to its planning reform working paper, Brownfield Passport: Making the Most of Urban Land (22 September 2024). I summarised the paper and set out some of the challenges in my 28 September 2024 blog post Brownfield Passports…To What? When? How?).
It is very difficult to think of a “one size fits all” policy intervention that would achieve what the government is looking for, namely “further action that we could take through the planning system to support the development of brownfield land in urban areas.” The paper “proposes options for a form of ‘brownfield passport’, which would be more specific about the development that should be regarded as acceptable, with the default answer to suitable proposals being a straightforward “yes”. It seeks views in particular on the following questions:
- “Could national policy be clearer if it were explicit that development on brownfield land within urban settlements is acceptable unless certain exclusions apply?
- What caveats should accompany any general expectation that development on brownfield land within urban settlements is acceptable?
- How best can urban areas be identified and defined if this approach is pursued?
- Could national policy play a role in setting expectations about the minimum scale of development which should be regarded as acceptable in accessible urban locations?
- What parameters could be set for both the scale of development and accessibility?
- Could more use be made of design guidance and codes to identify specific forms of development that are acceptable in particular types of urban area?
- What sort of areas would be most suited to this approach, and at what geographic scale could such guidance and codes be used?
- How could Local Development Orders be best used with these proposals?
- Are there any other issues that we should consider if any of these approaches were to be taken forward, in particular to ensure they provide benefits as early as possible?
- In addition to streamlining permissions on urban brownfield sites, where else do you consider this type of policy could be explored to support economic growth?”
“Passport” is undoubtedly over-optimistic branding, but I suppose even one of those Easyjet speedy boarding passes would be helpful.
Published after the paper, on 12 December 2024, the final revised version of the NPPF does of course contain a strengthened presumption in favour of brownfield development in paragraph 125 (c):
“Planning policies and decisions should:
(c) give substantial weight to the value of using suitable brownfield land within settlements for homes and other identified needs, proposals for which should be approved unless substantial harm would be caused, and support appropriate opportunities to remediate despoiled, degraded, derelict, contaminated or unstable land”
“Substantial weight”; approval “unless substantial harm would be caused”: a strong signal one might think. However, it is interesting to see how the policy has been taken into account by appeal inspectors. Perhaps to state the obvious, it is not a “get out of jail free” card and in any event you do need to make sure you fit within the definition. We have found four examples but you may be aware of others:
- Appeal reference APP/L1765/W/24/3344776 – decision letter dated 31 December 2024 dismissing an appeal for the demolition of existing office and ancillary buildings on site, conversion of an existing industrial warehouse and the construction of 9 residential properties in Denmead, Winchester. “…whilst the site comprises previously developed land, I do not find conflict with the substantial weight given within the Framework to the value of using suitable brownfield land within settlements for homes and other identified needs (Paragraph 125 c)) given the countryside location of the site and the market housing nature of the residential development proposed.”
- Appeal reference APP/N5090/W/24/3345445 – decision letter dated 15 January 2025 dismissing an appeal for a proposed care home in Barnet. “In addition to outlining the […] benefits of the proposed development, the appellant has drawn my attention to NPPF paragraph 125 c) which states that planning decisions should give substantial weight to the value of using suitable brownfield land within settlements for homes and other identified needs, proposals for which should be approved unless substantial harm would be caused, and support appropriate opportunities to remediate despoiled, degraded, derelict, contaminated or unstable land. Furthermore, the appellant has highlighted the removal from the NPPF of what was paragraph 130 in the 2023 NPPF, which made reference to the possibility that significant uplifts in the average density of residential development may be inappropriate if the resulting built form would be wholly out of character with the existing area.” However, the inspector “found that there would be harm to the character and appearance of the area resulting from the proposed development. That harm stems from both the bulk and massing of the proposed development in a sensitive context, but also in relation to the retention of trees along the site’s frontage.”
- Appeal reference APP/F2605/W/24/3344783 – decision letter dated 30 January 2025 dismissing an appeal for a single detached dwelling in Breckland. “The appellant has identified that the site, as part of the garden of 1 Sandfield Lane, constitutes brownfield land. The Framework, at paragraph 125 c) states that planning decisions should give substantial weight to the value of using suitable brownfield land within settlements for homes and other identified needs, proposals for which should be approved. The site, as identified above, lies outside of any defined development boundary. It does, however, lie within a grouping of buildings focussed around the pedestrian level crossing. However, I have identified that the proposal would rely almost totally on the private car for transport. Thus, the site is not suitable, as it would, through the generation of greenhouse gasses, have an adverse effect on the natural environment.”
- Appeal reference APP/W3520/W/24/3352607 – decision letter dated 4 February 2025 dismissing an appeal for 11 dwellings and a commercial unit in Mid Suffolk. “In line with paragraph 125c of the Framework I give the housing, in this context, substantial weight. Although not in a settlement, it is in an accessible location.” However, the “proposal would be contrary to the Council’s spatial strategy with houses of an unacceptable mix, would fail to secure 10% BNG together with appropriate affordable housing, infrastructure requirements, habitat mitigation and has not demonstrated that it would not increase or cause flooding elsewhere. Consequently, it conflicts with the development plan as a whole.”
Given the range of questions raised by MHCLG, what might be additional appropriate interventions look like? Because I’m sure there will need to be various interventions. This is the part where I can plug last week’s Homes for Britain publication, Brownfield Planning Passports: The Fast Track To Growth, sponsored by Berkeley Group, which contains 14 essays with practical ideas from a wide range of public and private sector people (including me, returning to some of the themes of my 5 January 2025 blog post, How About A Five Yearly Review Of The Use Classes Order & GPDO, Starting This Year?). As you prepare your responses by 28 February, do have a read and it may spark some additional, or perhaps better, ideas.
PS I couldn’t mention blue sky without mentioning Blue Sky again. If you’re still looking for a replacement for whatever the present unpleasant tense of Twitter may be, come join. Link here.
Simon Ricketts, 17 February 2025
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