Brown field land planning permission: the development opportunities

The UK faces a serious housing shortage. At the same time, thousands of previously developed sites sit empty across our towns and cities and other urban areas. The government is targeting these brownfield sites as a potential solution.

It has loosened the laws around brown field planning permission a lot in recent years. However, working within local and national policies is still an involved process requiring expert knowledge.

In this guide, we explain what brown field land is and the planning process you need to undergo to get approval for new development and new buildings on previously developed land.

What is brownfield land?

The National Planning Policy Framework (NPPF) defines brownfield land as:

“…previously developed land which is or was occupied by a permanent structure.”

Under NPPF rules, the government wants councils to “demonstrate flexibility” around brownfield land planning rules. In fact, they want local planning authorities to actively promote the opportunity for developers.

The guidelines state that planning committees should give “substantial weight” to brownfield land development within “settlements”. Settlements is the term used to describe the built-up parts of towns, cities and villages within a council’s jurisdiction.

Not every type of land previously built on qualifies as brownfield land that could be part of a development plan:

Likely to be brownfield land	Unlikely to be brownfield land
Old factories and warehouses	Agricultural buildings
Empty offices and commercial buildings	Residential gardens
Closed shops and retail sites	Parks and recreation grounds
Former petrol stations	Old mines or landfill sites where restoration work has been done
Derelict urban plots	Land where old structures have completely disappeared back into the landscape

Please note: Some sites may have been empty so long that nature has taken them over completely. In these cases, they may not count as brownfield anymore.

What is the brownfield land register?

Local planning authorities in England must prepare, maintain and publish registers of brown field land. This requirement comes from the Town and Country Planning (Brownfield Land Register) Regulations 2017.

Brownfield registers have been live since 31 December 2017. They’re there to provide up to date information on brownfield land suitable for residential development.

There are two parts to the Register.

Part 1 lists previously developed land that’s:

Available for development
Suitable for housing
Big enough for five or more homes (or at least quarter of a hectare).

The register also records:

Achievability: The means that the council believes development on the site can realistically start and finish within 15 years of its entry on the register.
Planning permission status: This shows whether the site already has planning consent and, if so, what kind. The register lists the consent type, decision date and planning reference number.

Part 2 is a smaller list of suitable brownfield sites from Part 1. These sites already have been granted Permission in Principle (PiP).

Moving from Part 1 to Part 2

Councils can move suitable sites from Part 1 of the register to Part 2 to grant PiP. Before they can do this, they need to consult the public on the issue. This generally involves:

Putting up a site notice on the land
Publishing a notice on their website
Notifying any required organisations and interested people

Site notices must stay up for at least 21 days. Within 7 days of first displaying the site notice, the council must mark the site as ‘proposed for PiP’ on the register.

During the review, the council takes in external feedback from the community and other organisations. They also check whether the site needs a Strategic Environmental Assessment (SEA) or Habitats Regulations Assessment (HRA).

A Part 2 entry must state the minimum and maximum number of homes, and any planned non-housing use.

Once a site is in Part 2, it automatically has PiP by law. PiP granted via the brownfield register lasts 5 years whereas PiP granted by application lasts 3 years

The benefit to developers of being on a Part 2 register is that they have a strong idea on the types of project that would gain planning approval on a particular site.

If a developer wants to propose something similar, they must apply for and receive Technical Details Consent (TDC) before they start any building work.

Getting your site listed

If you own a brownfield site that’s not on the local register, you can ask your local planning authority to include it. Many councils regularly run “call for sites” exercises where they ask for suggestions. Your site will only be included if it meets the three legal tests: suitability, availability and likelihood of being developed within 15 years.

You can still apply for planning permission even if your site isn’t on the register. Being in Part 1 doesn’t grant permission or guarantee a faster decision.

Only sites entered into Part 2 of the register are granted Permission in Principle (PiP). This locks in the site’s use, location, and housing range. If your detailed proposal matches those parameters, you’re much more likely to get Technical Details Consent (TDC).

Applying for brownfield planning permission

The planning process is not simple, even under the NPPF’s guidelines. For your convenience, our team has built this step by step for obtaining brownfield planning permission.

Pre-application: check it's brownfield and worth pursuing

First, check the local council’s register. If your site’s not on there, check the characteristics of the site you’ve identified against the National Planning Policy Framework (NPPF) definition. If you find one that qualifies, the “substantial weight” placed on brownfield development within settlements should help tip decisions in your favour.

Use the council’s local plan and online mapping tools to find constraints early before you start spending any money like:

Flood zones
Conservation areas
Listed buildings
Sites of Special Scientific Interest (SSSI)
Nutrient Neutrality catchments
Coalfield High Risk Areas
Other major policy constraints like safeguarded employment land, protected transport corridors.

To do this, switch on the constraint layers, mark each one on a site plan and think about how they might affect your proposed development.

Bear in mind that finding constraints doesn’t stop you from building on a site but it does mean your application may need to be stronger in a number of areas. And as with anything in business that’s more complex, there are more potential points of failure.

Stage 1: set up early planning engagement and choose the right route

Send in an outline layout to the council showing:

Building massing: This shows the rough height and size of the buildings and where they are on your development. For this, use simple block diagrams rather than finished designs.
Access points: Show where cars, cycles and pedestrians will enter and leave the site. Include a turning area for rubbish and emergency vehicles and show visibility at the junction.
A constraints plan: Mark anything that limits where you can build. Show flood zones, trees and roots, conservation areas, listed buildings, utilities, and sewers. Other constraints include rights of way, levels, neighbour windows, wildlife habitat and archaeology.

Ask the case officer to tell you what information they’ll need to consider unlocking PiP and preparing for TDC, and who they’ll consult about your proposal. This helps you prepare the right documents first time and avoid delays or redesign later on.

You could also request whether the council could move the site from Part 1 to Part 2 of the Brownfield Land Register to grant PiP.

Now, choose your planning route, as mentioned above. There are three application routes you can take:

Full planning permission: You’ll need to submit every technical detail with your application. This will include drawings, materials, site layout, drainage, access and landscaping.
Outline planning permission: This is where you set the main points now and leave details for later. This includes key issues like layout, scale, appearance, access and landscaping.
Permission in Principle (PiP): You secure PiP first and then apply for Technical Details Consent before you start work. You’ll need to show the design, access, drainage and landscaping in that application.

WindsorPatania note: For town-centre reuse, see Class MA commercial to residential. For rural conversions near settlements, see Class Q permitted development rules

Stage 2: prove you can make the land safe and clean

Start with a Phase 1 study. Check old maps, aerial images and previous land uses to identify possible pollution sources so you can determine:

How it might move through soil or water
Who or what it could harm

Follow the Land Contamination Risk Management (LCRM) framework and BS 10175 for this part of the process.

Include a full site walkover with dated photos and a desktop review of permits, spills and nearby hazards. Finish with a risk rating and a written plan that sets out:

Where and how you will dig or drill
What you will sample and test
How you’ll keep people and the site safe

If there are likely risks, carry out a Phase 2 investigation.

Drill boreholes, dig trial pits and collect samples of soil, water and ground gas. Focus on likely hotspots around the site such as old tanks, yards and chemical storage. Keep to LCRM and BS 10175 guidelines during your investigation. Be aware that many brownfield sites with past industrial purposes may need deeper testing.

Agree your sampling plan with the council or the Environment Agency, recording:

Ground layers
Water levels
Odours
Other signs like staining, unusual colours, stressed vegetation or oily sheens

Only use accredited labs to check the quality controls. For gas monitoring, list how often you’ll visit and for how long. Compare your results to benchmark levels to decide if there may be a risk and whether more investigation or you need to clean up the site.

If you find contamination, you’ll need to prepare a clean-up plan and a follow-up verification plan. Planning officers will expect proof that the site is safe before anyone moves in.

In your remediation plan, set out:

Your target clean-up levels
How you’ll do the work
How you’ll manage the waste
How you’ll protect workers and neighbours

In your verification plan, include:

Which tests you’ll do
Where and how often
Photo evidence to show the site is safe for its future use

WindsorPatania note: If your site is in a Coal Development High Risk Area, you’ll need a Coal Mining Risk Assessment. This will need to show mine entries, shallow workings and any gas risks, and explain how you’ll make the foundations safe.

Stage 3: protect nature and deliver Biodiversity Net Gain

Book an ecological survey to check for the presence of protected species. Some surveys can only take at certain times of the year, like for bats of great crested newts. Use Natural England’s standing advice to decide what to include.

Start with a Preliminary Ecological Appraisal. This will highlight sensitive habitats or protected species you need to factor into your planning.

Use national guidance and local ecological records to check what species are likely to be present on your site. You can find local records at the Local Environmental Records Centre, the NBN Atlas, local bat and mammal groups and from past surveys.

Biodiversity Net Gain (BNG) is now a legal requirement. It means you must improve the site’s habitat by at least 10% after development, compared to its condition before. This applies to most new housing, commercial and mixed-use schemes, though some projects are exempt.

For PiP sites, you demonstrate BNG at the TDC stage because PiP is not a grant of planning permission.

An inspector will measure the “before and after” of your project, using a standardised scoring system. You must then protect and manage those improved habitats for at least thirty years.

WindsorPatania note: See practical ideas for sustainable architecture strategies in this article.

Stage 4: manage flood risk and damage

You’ll need a Flood Risk Assessment (FRA) if your site is in:

A Flood Zone 2 or 3 area
A Zone 1 area (if the site is at least one hectare or has local flood risks)

Configure your flood and drainage designs to account for future conditions caused by climate change. Apply the Environment Agency uplift factors for issues like:

Higher river flows
Heavier rainfall
Rising sea levels

Base the calculations on your area and the projected lifetime of your development.

Another key requirement is sustainable drainage (SuDS).

The design of your drainage system needs to be able to cope with peak peak water flows and volumes. You also need a plan for who’ll look after the system post-construction.

As part of your application, include the following:

A surface water strategy that targets greenfield runoff rates
Storage calculations sized to manage key storm events using current rainfall estimates
Drawings showing outfalls, overflow routes, and any demolition that affects run-off paths

Stage 5: show that people can get to and from the homes safely

This part of the process forms the access section of your Design and Access Statement. This is a document planners require to understand your design approach and how people will move through and use the site.

Councils will want to understand how your development affects local transport.

This includes estimating how many extra journeys people will make each day: on foot, by bike, by car and by public transport. To work this out, use similar sites nearby with the same number of homes or a similar road layout.

Also show walking times to bus stops and train stations, step-free access and the number of cycle and car parking spaces.

Explain how vehicles, cyclists and pedestrians will enter and leave the development, backing it up with clear drawings and notes. Make sure your design works for emergency services and bin lorries, too.

If nearby junctions are already traffic-heavy, explain how you won’t make the problem any worse. This could mean adding a right turn lane or changing the junction to traffic lights. It’s a good idea here to follow national guidance on Transport Statements and Transport Assessments in your planning.

Include swept-path diagrams to show how vehicles move through the site. A swept-path diagram is a scaled drawing that shows the path a vehicle takes when turning or manoeuvring.

These trace the space needed for turning, so you can prove that cars, bin lorries and fire engines won’t clip kerbs, walls or parked cars. You’ll also need:

Visibility splays: This is the triangular line of sight drivers can see. Pedestrians also use this to see vehicles.
Junction modelling: This is a traffic study predicting how a junction will work with your scheme.

Pull all this together in a simple Travel Plan. In your travel plan, show how your project supports walking, cycle and public transport use. For example, include safe footpaths to nearby bus stops, secure cycle parking and bus/tram links to local shops, schools or stations. Also include how you’ll monitor and review travel patterns over time.

WindsorPatania note: Read about managing neighbour issues in our how to deal with planning objections guide.

Stage 6: respect heritage and the look and feel of the site

Many sites will already incorporate some kind of heritage. That could be a listed building, suspected remains or be part of a conservation area.

If your site is affected by heritage constraints, prepare a short Heritage Statement, following Historic England Advice Note 12. Explain what the national and local heritage value is in its setting. Set out how your scheme will protect or enhance that value.

If your project could reduce exposure to natural light for your neighbours, do a daylight and sunlight assessment. Base it on the BRE daylight and sunlight guide. Clearly show the steps you are taking to protect your neighbours’ rights, including any design changes you’ve made during the process.

As part of your Design and Access Statement, show how the project fits in with the site’s surroundings. Explain how the design respects local character, building heights and materials.

Stage 7: check local trees

If there are trees near your site, survey them before you build. For this, you should follow the methods set out in BS 5837. With your application, you’ll need:

A tree constraints plan: This is a plan that maps tree positions, categories and root protection areas. You use it to fix building lines.
A tree impact assessment: A short report that shows which trees you will keep or remove. It also shows the effects of construction on roots and canopies
A protection plan: This outlines fencing and ground protection that keep roots and trunks safe during works
An arboricultural method statement: This explains how, if you’re working close to roots, you will dig by hand or use low-impact methods. It also demonstrates how you’ll reinstate ground without harming any roots.

Stage 8: check utilities coverage

Contact the relevant utility companies early to check if the local networks have enough capacity to cope with your site.

When you contact them, share your:

Estimated demand: Peak and average water demand, foul flows, and electricity load in kilowatts, plus any gas demand if needed
Proposed connection points: Where you will connect to mains in the street. Show manhole or cable references on your plan.
Potential upgrades: This could be a new or uprated electricity substation or a larger water main. Other upgrades may include sewer upsizing or a small foul pumping station.

You’ll need to set out the work you will do at the site and when as part of your utilities strategy or drainage plan for TDC. For water supply, wastewater and water quality, use national guidance.

Stage 9: air quality and noise

If the site is near a main road or industrial area, you’ll need to account for air quality.

Start by checking if the site is in an Air Quality Management Area (AQMA). An AQMA is an area the council has declared as not meeting or being at risk of not meeting air-quality objectives.

If you do need to make a full air quality assessment, include these key points:

Describe current air quality and who it could affect.
Predict how traffic or any on-site energy plant will change air quality.
Assess potential construction dust using the IAQM method and include a Dust Management Plan.
Set out a clear mitigation strategy. This could be layout changes, filtered ventilation, low-NOx boilers, and electric vehicle charging. Also note how you’ll measure their impacts.

If the site is near a noise source or may cause noise, add a short noise report. Use the ProPG: Planning and Noise to guide you. Show how:

Your layout, building fabric, glazing and ventilation will reduce noise
A Construction Noise Plan with working hours, good practice and a named contact for neighbours

Stage 10: add fire safety if the homes are in a tall building

If your building is 18 metres or taller, or has seven or more storeys and includes two or more homes, you must include a Fire Statement. Fire statements cover:

How fire appliances can access the site
Where you locate water supplies
Basic fire safety principles used in the building design, like means of escape and compartmentation

You’ll need to consult the Health and Safety Executive on your plans.

Stage 11: build a complete pack for a PiP application or a Part 2 entry

Make a PiP application for the location, proposed land use and the housing range only. You could alternatively make a Brownfield Land Register Part 2 application. As mentioned earlier, this grants PiP once the council completes its consultation.

For a PiP application, you’ll need:

The standard form and planning fee
A red line site plan (with scale and north arrow)
A short written description that confirms it’s a housing-led scheme
The minimum and maximum number of homes
A valid ownership certificate

Add a short note (1 to 3 pages) explaining you believe it is a brownfield site using clear and simple language. Include in your note:

Two or three recent site photos
A one-line site history, such as “former depot” or “disused mill”
A statement that the site is previously developed land under the National Planning Policy Framework

Also, show that you can address key technical issues at the Technical Details Consent (TDC) stage, like:

You can address land contamination on LCRM guidelines and will provide a remediation and verification plan
Showing your plan for sustainable drainage is likely to work and that you’ll submit a full SuDS strategy
Access to, from and around the site and development looks safe in principle and you’ll prepare full drawings
Demonstrate that the utility connections appear feasible and that you’ll verify this

Finally, confirm that the site is:

Suitable for development
Available now
Deliverable within the life of the PiP consent (normally 3 to 5 years, depending on the route)

Don’t include full technical reports unless the council asks for them in writing. Otherwise, you may throw good money after bad. Stick to what’s required to secure permission on the three core PiP tests: location, land use and amount. Defer detailed designs and mitigation to the next stage.

For a Brownfield Land Register Part 2 application, ask your council to move the site to Part 2 from Part 1, which grants Permission in Principle.

To do this, send a short brownfield note that includes:

Proof the site is previously developed land, using two or three photos and a one-line site history
The minimum and maximum number of homes you plan to build
Confirmation that the landowner supports development
A simple statement that shows you could deliver the site within 15 years

Include a one-page sketch that highlights key constraints. Focus particularly on access, drainage or contamination at this stage. The council needs to see if you can resolve them at the TDC stage.

The council will then carry out the required public notice and consultation. If it passes consultation, the council will add the site to Part 2 and grant PiP, recording that the site is suitable, available and achievable under the regulations.

Stage 12: apply for Technical Details Consent (TDC)

Getting Technical Details Consent (TDC) is the second step after Permission in Principle (PiP). It turns your in-principle approval into full planning permission, confirming the final design, access, drainage, landscaping and other technical details.

You should treat it as if you’re making a full planning application. It also needs to be fully consistent with your PiP.

Treat it like a full planning application and make sure everything lines up with your original PiP.

Here’s what you’ll normally need to include:

Category	What to include
Plans and drawings	Location and block plans with red line, scale and north arrow Floorplans for each level Full site layout Street views, sections and spot levels showing slope and height. Building elevations including key features and materials used. Hard and soft landscape plans including notes on maintenance and planting Layouts, signs and lighting for bins, bikes and cars Phasing plan (if you’re building out in stages)
Design and access	Design and Access Statement showing paths, gradients, kerbs, entrances, lifts and disabled parking. Offer proof that all residents and visitors can reach and use homes and shared spaces easily.
Transport and movement	The bigger the project, the more in-depth the transport report. Show turning areas and entry/exit for fire engines and bin lorries. Junction modelling if your scheme adds traffic to a busy or sensitive junction. Access drawings with visibility lines and speed data. Travel Plan with actions to take, targets to achieve and how you’ll check on progress.
Drainage and flooding	A Flood Risk Assessment if the site is in an at-risk area. Drainage plan (SuDS) detailing run-off rates, storage capacity, expected overflow routes and how you’ll maintain it long term. Connection point drawings, permission letters from the water company and details on who will handle maintenance and operations
Land and contamination	Phase 1 and 2 site reports with results from lab tests. A clean-up plan with test areas and timings and a follow-up check plan. A Coal Mining Risk Report and results from any ground checks (if you’re in a designated area).
Nature and Biodiversity Net Gain (BNG)	A basic ecology report including surveys for protected animals that may be prsent. A biodiversity plan using the government’s calculator showing how you’ll achieve a 10% habitat gain. A 30-year plan to look after the habitat. Details of any off-site land or credits used.
Trees and planting	Tree survey, impact report and protection plan to BS 5837 methods. Planting notes with soil preparation information, plant types, sizes and how you’ll look after them. A summary on how your planting pans will help the local wildlife and improve the quality of the area.
Heritage and neighbour impacts	A short Heritage Statement if there are old buildings or signs of past activity nearby. Notes on the effects on daylight, sunlight, shadows and privacy if there are neighbours to the site. Air quality and noise reports if the council needs them.
Utilities and energy	Water, sewage and power company communications confirming they can supply the site. Drawings of changes to pipes or cables and when the work will take place. A summary of how the buildings will meet energy and heating standards.
Fire safety	Only provide a Fire Statement if your application involves a ‘relevant building’ under Planning Gateway One. This applies to buildings that are 18 metres or taller, or have 7 or more storeys, and include two or more homes or student accommodation. For Technical Details Consent (TDC), a Fire Statement isn’t required nationally. Your local council may require one though.
Construction information	A Construction Management Plan with access routes, working hours, noise and dust controls, wheel washing and a neighbour contact. A draft list of planning conditions you plan to deal with soon after approval.

Non-major TDC decisions will take five weeks and major ones 10. If the process involves an EIA, you may need as many as 16 weeks. Sometimes, the council may need more time. If you agree to an extension, do it in writing and record the new closing data.

Finally, add a short planning statement that lists everything in your pack and which policy each document meets. To make it easier for the planning officer, cross-reference each drawing a report so they can check compliance in minutes.

When the local authority approves your TDC, you can finally move onto the build stage.

Beyond housing

You can bring brownfield sites back into use with a range of development types, not just homes. That includes:

Mixed-use schemes: Adds shops, workspaces or community space to your housing scheme but if you’re using the PiP route, make sure your scheme is primarily housing-led.
Employment uses: Turn brownfield land into light industrial units, logistics hubs, studios and labs.
Community facilities: Brownfield can work for schools, health centres, libraries and sports hubs. Councils may be receptive to developments at well-connected sites near buses and trains.
Renewable energy: Solar panels and battery storage can work well on previously developed or lower-grade land.
Meanwhile uses: Consider short-term uses like markets, pop-up parks or temporary workspaces. This can reduce blight and improve safety while you prepare for a longer-term development.

WindsorPatania: a recognised, award-winning architectural

Brownfield sites can unlock real value when you show they’re safe, accessible and meet planning policy. Use Permission in Principle (PiP) to answer the big questions early—then follow with Technical Details Consent (TDC) to finalise design and delivery.

At each stage, meet the requirements set by your local planning authority and national guidance. Keep your reports short, clear and in line with what you submitted before.

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