Previously Developed Land
What Counts as Brownfield Land?
Brownfield land is a planning-policy term with a specific definition. It does not simply mean land that looks untidy, vacant or previously used.
The National Planning Policy Framework describes previously developed land as land that has been lawfully developed and is or was occupied by a permanent structure and associated fixed surface infrastructure, including the curtilage, although it should not be assumed that the whole curtilage should be developed.
The definition can include substantial areas of lawfully developed hardstanding and sites formerly used for industrial, commercial, institutional, transport or other permanent development. It can cover land that remains occupied as well as vacant or derelict land.
Important exclusions apply. Land last occupied by agricultural or forestry buildings is excluded, as are certain restored mineral and landfill sites, residential gardens and specified open land in built-up areas, and land where the remains of development have blended into the landscape.
The planning history and physical evidence therefore matter. A concrete yard associated with a lawful industrial use may be brownfield; a farmyard occupied by agricultural buildings will not automatically qualify. Similarly, old foundations that have become indistinguishable from the surrounding landscape may fall outside the definition.
Only the part of the ownership that meets the definition should be treated as brownfield. A large title containing a developed yard and adjoining fields is not necessarily brownfield across its whole area.
Correct classification is important because brownfield status can affect planning policy, Local Plan evidence, the Brownfield Land Register and how a development opportunity is presented. It does not, however, remove the need to assess whether the proposed use is suitable.
Brownfield is not a guarantee of planning permission. It identifies the previous development status of the land; the acceptability and deliverability of a new use remain separate planning questions.
Purpose of the Register
Why Councils Maintain Brownfield Land Registers
Local planning authorities in England are required to prepare, maintain and publish information about qualifying brownfield sites.
Consistent Public Information
The register provides a standardised public record of brownfield land considered appropriate for residential development.
It can include site references, location, area, planning status, estimated dwelling range, ownership status and other useful information.
Housing Land Evidence
The register complements the Local Plan, HELAA or SHLAA, five-year housing land supply and other housing evidence.
It can help councils and communities understand where previously developed land may contribute to future housing delivery.
Permission in Principle Route
Where the authority follows the required process, a qualifying Part 1 site can be entered in Part 2 and receive permission in principle.
This separates the decision on location, land use and amount of development from the later technical details.
The register is not a complete list of every vacant or previously used site. It is a planning evidence document containing land that meets the statutory criteria for residential development.
Two-Part Structure
Part 1 and Part 2 Mean Different Things
Understanding the part in which land is entered is essential before drawing conclusions about its planning status.
Part 1 is the mandatory element of the register. It contains brownfield sites that the local planning authority has assessed as appropriate for residential development. The site may already have full or outline planning permission, may have another form of consent or may have no planning permission at all.
Part 1 therefore records suitability and availability evidence rather than granting a new consent. It can be useful support for promotion or valuation, but the detailed entry and planning history must be checked. Some sites are included because they are already permissioned, while others are identified as future opportunities.
Part 2 is optional and is a subset of Part 1. Before entering land in Part 2, the authority must undertake the required publicity, notification and consultation and decide that permission in principle should be granted for the specified housing-led development.
Entry in Part 2 triggers permission in principle for the location, land use and amount of development stated in the register. It does not approve the complete scheme and no development can begin until technical details consent has been obtained.
Many councils have no Part 2 sites. A register headed 'Part 1' should not be interpreted as incomplete or defective merely because Part 2 is empty.
At a Glance
- Part 1: qualifying brownfield sites appropriate for residential development
- Part 1: can include sites with or without planning permission
- Part 1: does not itself grant planning permission
- Part 2: selected subset of Part 1
- Part 2: grants permission in principle after the statutory process
- Part 2: still requires technical details consent before building starts
Always read the planning-status and permission-type fields. Two sites listed in Part 1 can have very different levels of planning certainty.
Statutory Entry Tests
The Main Criteria for Part 1 Inclusion
A site must be brownfield and meet the relevant size, suitability, availability and achievability requirements.
Brownfield Status
The land must fall within the national definition of previously developed land.
Where a wider ownership contains greenfield land, only the qualifying brownfield part should normally be considered for the register.
Minimum Scale
The usual threshold is at least 0.25 hectares or capacity for at least five dwellings.
The regulations allow smaller sites to be entered where the other relevant criteria are met, so the threshold is not an absolute prohibition.
Suitable
The authority must consider the land appropriate for residential development having regard to the development plan, national policy and relevant environmental and amenity effects.
Existing permission or allocation may support suitability, but an unpermissioned site can also qualify.
Available
There should be a willing landowner and no ownership or legal impediment that makes residential development unrealistic.
Tenancies, access rights, ransom strips, covenants and multiple ownerships may need to be addressed.
Achievable
There should be a reasonable prospect of residential development taking place within 15 years of the site being entered in the register.
Market demand, viability, infrastructure, abnormal costs and the likely planning programme are relevant.
Appropriate Environmental Effect
The authority must consider impacts on the built, natural and historic environment and local amenity.
Brownfield status does not override flood risk, heritage, ecology, noise, air quality or other policy constraints.
The tests overlap with HELAA and SHLAA work, which is why councils often identify Brownfield Land Register sites through their wider land availability assessment and Call for Sites processes.
Finding the Evidence
How to Locate and Read Your Council's Register
The register is normally published on the local planning authority's planning policy pages and may also be available as open data.
Start by identifying the correct local planning authority for the land. Search its website for 'Brownfield Land Register', 'previously developed land', 'housing land availability' or 'planning policy evidence'. The register may be provided as a spreadsheet, CSV file, PDF schedule, interactive map or a combination of formats.
Use the site reference and plan rather than relying only on the address. Large sites, rear land and former industrial premises can be described inconsistently, and the mapped boundary may include only part of the ownership.
Check the first-added and last-updated dates, planning status, permission type, estimated dwelling range and any notes. A record may refer to an expired permission, a pending application, an existing allocation or an unpermissioned site identified through the HELAA.
The register should be reviewed at least annually, but individual planning circumstances can change more quickly. Always cross-check the live planning application register, Local Plan policies map, current HELAA or SHLAA and any recent appeal decision.
National planning data services can assist with locating records, but the local authority's published register and planning records remain important sources for understanding the precise site and current status.
Fields Worth Checking
- Unique site reference and site name or address
- Mapped boundary and site-plan link
- Total hectares and estimated dwelling range
- Ownership status
- Planning status and latest permission type
- Permission date and planning-history links
- Whether the site is identified as deliverable
- First-added, last-updated and end dates
- Notes describing constraints or mixed uses
A register entry can be out of date if planning events occurred after the last review. Treat it as a starting point and verify the current planning history before relying on it.
Submitting Land
How a Landowner Can Seek Inclusion
Councils commonly use their HELAA, SHLAA or Call for Sites process to identify potential additions to the register.
Check the Council Procedure
Find the current register, land availability assessment and submission instructions. Some authorities accept sites continuously; others use defined consultation windows.
Confirm Brownfield Status
Review the lawful planning history, buildings, hardstanding and the national definition. Identify precisely which part of the ownership is previously developed.
Prepare the Evidence
Submit a clear plan, availability confirmation, proposed use and capacity, access information, constraints review and an explanation of achievability.
Monitor the Assessment
Check the published HELAA or register update, respond to requests for information and challenge factual errors or boundary omissions through the appropriate process.
A landowner may need to submit the site to more than one process. Brownfield Register, HELAA and Local Plan submissions can be coordinated, but each should answer the specific questions asked by the authority.
Evidence-Led Promotion
What to Include With a Brownfield Site Submission
A robust submission helps the council distinguish a deliverable housing opportunity from land that is merely vacant or previously used.
The site plan should identify the full ownership, the proposed register boundary and any adjoining land needed for access, visibility, drainage or infrastructure. Where only part of the title is brownfield, explain the basis for the proposed boundary.
Set out the lawful former or current use and provide relevant planning references, historic plans, lawful development evidence or other information supporting the brownfield classification. Do not assume the physical presence of a building is enough.
Explain why residential development is appropriate. This should address the relationship with the settlement, access to services and transport, neighbouring uses, policy designations and the likely form and scale of development.
Provide an initial capacity that allows for roads, parking, drainage, open space, retained buildings, contamination, heritage, ecology and other constraints. A realistic range is more useful than a gross acreage calculation.
Availability should be confirmed by the landowner. Identify tenancies, multiple ownerships, access rights, covenants or third-party interests and explain how they could be resolved.
Achievability requires a credible route to development. Consider demolition, remediation, utility diversion, abnormal foundations, infrastructure, planning obligations, market demand and the likely period before housing could be delivered.
Core Submission Documents
- Site location and red-line ownership plan
- Planning history and evidence of lawful former use
- Landowner availability statement
- Initial residential concept and capacity range
- Access and highway review
- Contamination and ground-risk screening
- Flood risk, drainage, ecology, landscape and heritage review
- Utilities and infrastructure information
- Title constraints and third-party land requirements
- Indicative planning and delivery programme
The submission does not need to contain every report required for a planning application, but it should identify the principal risks honestly and demonstrate that there is a realistic route to resolving them.
Meaning of an Entry
What Part 1 Inclusion Can and Cannot Do
The planning value of Part 1 is often overstated. It is useful evidence, but its limitations should be understood.
It Can Improve Visibility
The site becomes part of a public, standardised dataset used by councils, developers, promoters and communities.
This can increase awareness of land that might otherwise be overlooked.
It Can Support a Planning Case
The entry may provide evidence that the authority has considered the site appropriate for residential development under the register criteria.
The weight depends on the entry, planning status, date and consistency with current policy.
It Does Not Allocate the Site
Part 1 inclusion does not make the land a Local Plan allocation or change a settlement boundary.
Plan allocation requires the relevant plan-making process and examination.
It Does Not Approve Details
It does not establish an acceptable access, layout, design, drainage strategy or mitigation scheme.
These matters still require proportionate technical evidence and planning approval.
It Does Not Guarantee Delivery
Land can be listed but remain delayed by ownership, viability, contamination, infrastructure or market issues.
The register should not replace a detailed deliverability assessment.
It Does Not Set the Final Value
The entry may affect market interest, but value depends on planning certainty, net capacity, costs, obligations and risk.
An untested dwelling range should not be treated as an approved development capacity.
Part 1 is strongest when it aligns with current planning policy, a credible capacity, manageable constraints and clear landowner availability.
Permission in Principle
What Part 2 Establishes—and What Comes Later
Part 2 provides a distinct planning status, but it is only the first stage of a two-stage consent route.
When a site is entered in Part 2, permission in principle is granted for the location, land use and amount of development recorded. These are the fundamental in-principle matters. Conditions cannot be attached to the permission in principle itself.
The grant does not approve the design, appearance, access, layout, landscaping, drainage, ecology mitigation or other technical details. An application for technical details consent must be submitted and approved before development can begin.
The technical details application must be consistent with the permission in principle. The authority can assess whether the detailed scheme is acceptable and can refuse consent where design, access, mitigation or another technical matter is inadequate.
Planning obligations can be considered at the technical details stage where the statutory tests are met. The costs and requirements associated with affordable housing, infrastructure and mitigation should therefore be included in the commercial appraisal even though they are not settled by Part 2 entry.
Permission in principle can offer valuable certainty on the fundamental acceptability of residential development, but it should not be valued as if a fully detailed and implementable permission already exists.
A full or outline planning application can still be pursued for land in Part 1 or Part 2 where that route is more appropriate.
Technical Details Commonly Required
- Access, highway design and visibility
- Layout, scale, appearance and design quality
- Flood risk, foul drainage and surface-water strategy
- Contamination investigation and remediation
- Ecology surveys and biodiversity measures
- Landscape, trees and green infrastructure
- Heritage, archaeology and townscape effects
- Noise, air quality and neighbouring amenity
- Utilities, infrastructure and planning obligations
Permission in principle narrows the issues that remain, but technical details consent is a substantive planning stage. An unacceptable detailed scheme can still be refused.
Brownfield Constraints
Why Previously Developed Land Can Still Be Difficult to Deliver
Brownfield sites can make efficient use of land and infrastructure, but former uses frequently create abnormal costs and design constraints.
Contamination
Industrial, commercial, fuel, waste and transport uses can leave contaminants in soil, groundwater or buildings.
Desktop study, intrusive investigation and a remediation strategy may be required.
Demolition and Structures
Existing buildings, basements, slabs, tanks and foundations can increase cost and programme risk.
Asbestos, unstable structures and retained operational uses may require specialist management.
Access and Neighbours
Urban brownfield sites can have constrained entrances, limited visibility, shared access and close residential or commercial neighbours.
Noise, overlooking, servicing and construction effects need careful design.
Heritage and Character
Former mills, workshops, stations and institutional sites may have listed, locally listed or conservation-area significance.
Retention and adaptation can support placemaking but affect capacity and viability.
Flooding and Drainage
Hardstanding does not confirm that drainage capacity exists. Surface water, culverts, sewers and historic watercourses may constrain redevelopment.
New development should provide an acceptable and maintainable drainage solution.
Utilities and Viability
Diversions, reinforcement, easements and redundant apparatus can reduce the developable area or create abnormal costs.
The gross development value must support remediation, infrastructure, obligations and an appropriate return.
A brownfield-first planning preference does not make every brownfield site easier or cheaper than greenfield land. The correct comparison is between the site's planning benefits and its actual technical and commercial constraints.
Land Value
How Register Status Can Influence Development Value
The register can affect market perception, but the amount of certainty provided varies significantly between entries.
A Part 1 entry without planning permission may demonstrate that residential development has been considered appropriate, which can improve developer interest and support further promotion. Its effect will depend on the age and wording of the entry, current policy and whether the council's assessment remains valid.
Part 2 permission in principle usually provides greater certainty because the location, land use and amount of development have been approved in principle. However, technical details, obligations, remediation and infrastructure remain unresolved and can materially affect the residual value.
The estimated dwelling range in the register is not necessarily the final net capacity. Detailed design may reveal that access, retained buildings, drainage, heritage, ecology, open space or amenity requirements reduce the number of homes.
Brownfield abnormal costs can be substantial. Demolition, contamination, ground improvement, service diversions, retaining structures and constrained construction access should be reflected in any valuation.
Timing also affects value. A site with a clear owner, current planning support and manageable technical details may attract stronger terms than a listed site dependent on land assembly, relocation of an existing business or expensive remediation.
Before agreeing an option, conditional contract, promotion agreement or sale, the landowner should understand how the proposed buyer has treated capacity, abnormal costs, planning obligations and risk.
Value Questions to Ask
- Is the site in Part 1 or Part 2?
- Does it have a current planning permission or only register status?
- What net dwelling capacity is realistically achievable?
- What demolition, remediation and infrastructure costs are expected?
- Are affordable housing and other obligations allowed for?
- Does the title control all land needed for access and services?
- What planning and technical work remains before development can start?
- How will abnormal costs and deductions be verified under the agreement?
Register inclusion can be valuable evidence, but land should be valued on the realistic implementable development—not on the assumption that every hectare or every dwelling in an indicative range will be approved.
Practical Review
A Sensible Route for a Brownfield Landowner
A staged approach can establish whether register promotion, planning work or direct marketing is justified.
Confirm the Planning Status
Check the brownfield definition, current register entry, planning history, allocations, settlement boundary and live applications.
Identify the Main Risks
Review access, contamination, structures, flood risk, drainage, heritage, ecology, neighbours, utilities and title constraints.
Establish Capacity and Costs
Prepare an initial concept and allow for retained features, infrastructure, remediation, obligations and abnormal construction costs.
Choose the Route
Decide whether to seek register inclusion, permission in principle, a full or outline application, Local Plan allocation or a promotion agreement.
At Value My Land, we assess the planning evidence and the site's technical and commercial position before recommending a development or promotion route.
Could Your Brownfield Land Have Residential Development Potential?
Send us the location, current use and approximate boundary of the land. We can review the Brownfield Land Register, planning history, Local Plan position and principal development constraints.
You do not need to commission every technical report first. A postcode, map pin, what3words reference or site plan is normally enough for an initial review.
Live Planning Opportunities
Search Our Live Planning Trackers
Use the trackers to monitor council plan-making, land availability work and open calls for development sites.
England Call for Sites Tracker
Search open opportunities for land submissions across England.
Search Open OpportunitiesEngland Local Plan Tracker
Monitor plan preparation and identify where future development opportunities may arise.
Track Local PlansEngland HELAA & SHLAA Tracker
Find current land availability assessments and related submission opportunities.
View Land AssessmentsRelated Guides
Brownfield register status should be considered alongside planning applications, contamination, development capacity, title, Local Plan policy and land value. These guides explain the connected issues.
Types of Development Land
Compare brownfield, greenfield, Green Belt, Grey Belt and strategic land and understand what each classification means.
Click hereTypes of Planning Applications in England
Understand permission in principle, technical details consent, outline, full and other planning application routes.
Click hereContaminated Land: Things You Need to Know
Learn how former uses, contamination, ground investigation and remediation can affect development and land value.
Click herePlanning Policy and Development Land
See how national policy, the Local Plan and other development plan documents influence brownfield development prospects.
Click hereIs My Land Suitable for Development?
Review the planning, access, environmental, infrastructure and delivery factors that must be considered alongside brownfield status.
Click hereLand Value With Planning Permission
Understand how planning certainty, development capacity, abnormal costs and obligations can influence land value.
Click hereLocal Plan Allocation Guide
Find out how brownfield and other sites are assessed and selected for future development through plan-making.
Click hereTopographical Surveys for Development Land
Learn how accurate levels, boundaries and physical features support design, drainage and development capacity work.
Click hereTitle Plans and Boundaries for Development Land
Understand why ownership boundaries, access rights and title constraints must be checked before promoting land.
Click hereFrequently Asked Questions About Brownfield Land Registers
What is a Brownfield Land Register?
A Brownfield Land Register is a public register maintained by a local planning authority in England. It identifies previously developed sites that the authority considers appropriate for residential development under the statutory criteria. The register is intended to provide consistent and accessible information about potential housing land.
What is the difference between brownfield land and previously developed land?
In planning policy, the terms are generally used to describe the same category. The current National Planning Policy Framework definition covers land that has been lawfully developed and is or was occupied by a permanent structure or associated fixed surface infrastructure, subject to specified exclusions.
Are agricultural buildings brownfield land?
Land that is or was last occupied by agricultural or forestry buildings is excluded from the national definition of previously developed land. A redundant barn or farmyard should therefore not automatically be described as brownfield solely because buildings or hardstanding exist.
What is Part 1 of the Brownfield Land Register?
Part 1 contains brownfield sites assessed as appropriate for residential development. It can include land with full permission, outline permission, permission in principle or no planning permission. Part 1 inclusion is a planning evidence status; it is not itself a grant of planning permission.
What is Part 2 of the Brownfield Land Register?
Part 2 is a subset of Part 1 containing sites the authority has decided should receive permission in principle after completing the required publicity, notification and consultation procedures. Many authorities maintain Part 1 without placing any sites in Part 2.
Does Part 1 inclusion mean planning permission has been granted?
No. A Part 1 entry indicates that the site has been assessed as appropriate for residential development under the register criteria, but it does not grant permission. A full or outline application, an application for permission in principle, or another planning route may still be required.
What does permission in principle approve?
Permission in principle settles the location, land use and amount of development. It does not approve the detailed design, access arrangements, drainage, landscaping, ecology mitigation or other technical matters. Technical details consent must be granted before development can begin.
Can technical details consent be refused?
Yes. Although the fundamental principle approved by the permission in principle cannot simply be reopened, technical details consent can be refused where the submitted design, access, mitigation or other details are unacceptable.
How large must a brownfield site be for the register?
The general statutory threshold is at least 0.25 hectares or capacity for at least five dwellings. The regulations allow an authority to include a smaller site where the other relevant criteria are satisfied, so land should not automatically be dismissed solely because it falls below the usual threshold.
How can I ask the council to include my land?
Check the council's Brownfield Land Register, HELAA or SHLAA page and current Call for Sites procedure. Authorities often use the same land availability evidence process to identify brownfield sites. Submit the land in the form and timetable requested, supported by a clear site plan and availability information.
Can a site with contamination be entered on the register?
Potentially. Brownfield status often arises from former industrial, commercial or infrastructure uses, and contamination may be capable of remediation. The authority must still consider whether residential use is suitable and achievable. Severe or uneconomic remediation requirements can affect inclusion, capacity and value.
Can part brownfield and part greenfield land be entered?
Where only part of a wider ownership meets the definition of previously developed land, the authority should consider the brownfield portion for the register. The presence of greenfield land within a wider boundary does not automatically convert the whole site into brownfield land.
Will being on the register increase the value of my land?
It may improve visibility and provide useful evidence that residential development has been considered, but value depends on planning status, capacity, constraints, abnormal costs, infrastructure, obligations, timing and market demand. Part 2 permission in principle may provide more certainty than Part 1 alone, but technical and commercial risk remains.
Can a site be removed from the register?
Registers are reviewed and updated. A site may cease to be listed where it has been developed, no longer meets the criteria or circumstances change. Historical data may still be retained in accordance with the applicable data requirements. Always check the current entry and any end date or notes.