Decision details

Brownfield Land Register

Decision Maker: Cabinet, Full Council

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: No

Purpose:

The Housing and Planning Act 2016 introduced a new requirement on Local Planning Authorities to prepare and publish a Brownfield Land Register. This Act also introduced the mechanism for the granting of Permission in Principle, as an alternative route to full planning permission, sitting alongside the established paths of outline, full permission and development order. One form of granting Permission in Principle (and, to date, the only one enacted) is through the site’s inclusion in Part 2 of the Brownfield Land Register.
The Brownfield Land Register is to be prepared by the council, and first published by 31 December 2017, and updated annually thereafter. It should provide information for developers and communities about brownfield land suitable for housing. It applies to all brownfield land suitable for housing or housing-led development.

Decisions:

The Cabinet Member for Planning and Economic Development presented SHAP/65 of the Head of Strategic Housing and Planning which set out that the Council was legally required to publish a Brownfield Land Register (BLR) before 31 December 2017 and review it at least annually thereafter. It was noted that the Register comprised of two parts (Part 1 and Part 2) within it and the main first part had to be produced in a prescribed manner, as shown within the report SHAP/65.

 

Part 1 must be published and reviewed at least annually according to the Regulations. The entry of sites on Part 2 of the Register was a discretionary, non-executive, function, subject to procedures similar to other types of planning permission. There was no intention for sites to be included in Part 2 of the Register at this stage.

 

It was explained that Part 1 was a list of all sites which were considered to meet the legislative criteria of being “suitable, available and achievable” for development. Whilst Part 2 of the Register will comprise only of those sites in Part 1 that the Local Planning Authority (LPA) has decided would be suitable for a grant of Permission in Principle.

 

The Cabinet was informed that the key sites identified within Part 1 of the proposed BLR had already been identified within the Council’s Local Plan. It was confirmed that the draft BLR had been out for consultation and that the responses were also included within the report.

 

RESOLVED

 

That the Cabinet

 

1)             notes the representations and responses to the Consultation;

 

2)            approves the Brownfield Land Register as set out in Appendix 1 for publication;

 

3)            delegates to the Head of Strategic Housing and Planning in consultation with the Cabinet Member for Planning and Economic Development the revision and maintenance of Part 1 of the Brownfield Land Register, such revisions being limited to taking account of new planning permissions, or new allocations of land for housing made via the Local Plan review process.

 

4)            recommends to Full Council that the Constitution be amended so that the following functions are the remit of the Planning Committee:

 

                  (i).     Power to approve sites for entry into Part 2 of the Brownfield Land Register;

                 (ii).     Power to decline to approve sites for entry into Part 2 of the Brownfield Land Register;

                 (iii).    Power to determine applications for Permission in Principle;

                 (iv).    Power to determine applications for Technical Details Consent;

 

And that those functions (i)–(iv) be delegated to the Head of Economic and Environmental Services.

 

Reasons for the Recommendations

 

The recommended approach will enable the Council to comply with the requirement to publish a Brownfield Land Register by 31 December 2017, and to subsequently perform its functions regarding the Register, in a lawful and appropriate manner.

 


Report author: Elizabeth Brigden

Publication date: 05/12/2017

Date of decision: 29/11/2017

Decided at meeting: 29/11/2017 - Cabinet

Accompanying Documents: