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What is a Brownfield Land Register? 

The Town and Country Planning (Brownfield Land Register) Regulations 2017 place a responsibility on the Council to prepare and maintain a register of brownfield sites.

The purpose of the register is to provide house builders with up to date information on sites that are available for housing. The aim is therefore to speed up the construction process as house builders will be able to identify suitable sites quickly and easily. This should maximise the number of homes being built on previously developed land and reduce the pressure to develop greenfield sites.

  • Part one of the register will be for sites assessed as previously developed land which are 'suitable', 'available' and 'achievable' for residential development of 5 or more dwellings.
  • Part two of the register includes sites to be granted permission in principle (PiP) for housing-led development. PiP will establish the fundamental principles of development in terms of the use, location and amount of development. However, planning permission is not granted until Technical Details Consent is applied for and approved by the Council. At present Portsmouth City Council is not allocating any sites for permission in principle, so all sites are on part one of the register only.

The register has been informed by the Strategic Housing Land Availability Assessment (SHLAA) (2017) which has been prepared as part of the evidence base for the emerging Portsmouth Local Plan. Each site has then been assessed against the criteria set out in the Brownfield Land Register regulations:

  • 0.25 hectares or more in size or capable of accommodating at least 5 dwellings
  • Suitable- The site is free from constraints that cannot be mitigated against and is policy compliant
  • Available- The relevant landowner has expressed an intention to sell or develop the land.
  • Achievable- In the opinion of the local planning authority the development is likely to take place within 15 years of entry on the register.

Portsmouth City Council's Brownfield Land Register can be viewed using the link at the bottom of this page.

What is brownfield land?

‘Brownfield Land' (previously developed land) is defined in Annex 2 of the National Planning Policy Framework (2012) as:

"Land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage should be developed) and any associated fixed surface infrastructure. This excludes land that is or has been occupied by agricultural or forestry buildings; land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures; land in built-up areas such as private residential gardens, parks, recreation grounds and allotments; and land that was previously-developed, but where the remains of the permanent structure have blended into the landscape in the process of time."

Regulation and guidance

Regulation relating the Brownfield Land Register is found within The Town and Country Planning (Brownfield Land Register) Regulations 2017. This sets out the legislation regarding the Council's duty to keep a register.

Further information on preparation and publication of Brownfield Land Registers can be found in Planning Practice Guidance.

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