Home / Ask A Lawyer / Contact Us
print this page
Call 0845 003 5639
GET LEGAL UPDATES
Enter your email address to receive our monthly ezine

New definition of brownfield land

Monday June 14, 2010 at 9:54am

The new PPS 3 now defines previously developed land (brownfield land) as follows:

‘Previously-developed land is that which is or was occupied by a permanent structure,
including the curtilage of the developed land and any associated fixed surface
infrastructure.’

The definition includes defence buildings, but 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, which, although it may feature paths, pavilions and other buildings, has not
    been previously developed.
  • Land that was previously-developed but where the remains of the permanent structure
    or fixed surface structure have blended into the landscape in the process of time (to the
    extent that it can reasonably be considered as part of the natural surroundings).

There is no presumption that land that is previously-developed is necessarily suitable for
housing development nor that the whole of the curtilage should be developed.

Private residential gardens are now therefore specifically excluded from the definition

Steven Petty, Commercial Property Solicitor

» Categories: General, Laws and regulation

This blog is not intended to constitute legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it. You should always seek legal advice to confirm whether or how any information in this article applies to your particular situation. We offer a free telephone consultation to discuss your particular circumstances.

13 Comments

john crystal | March 11, 2011 @ 9:04am
So, do I take it that gardens CAN be sold for a private house build?...
Steve Petty | March 21, 2011 @ 4:09pm
Hi John Yes, gardens can still be sold for a private house build but the change in definition makes it less likely that such land will be granted planning permission for residential development...
brian nicholls | November 18, 2011 @ 4:33pm
Agricultural Barns converted to storage and light industrial use, could the land be classified as a brownfield site ?...
brenda | June 10, 2012 @ 12:43pm
hi i have a bungalow set in 3 acres of land on the outskirts of a town, i have 2 buildings on the first acre excluding the bungalow, the other buidings consist of a garage for 5 cars and a stable block of 9 stables,which areas would be classified as brown field suitable for develpoment...
Lucy | March 11, 2013 @ 11:49pm
Hi, I have a piece of land with houses either side and one behind. There is an existing Barn and a number other structures on the land. Would this be classed as browfield? ...
lynne hemming | April 4, 2013 @ 12:07pm
Would the definition of a `brownfield site` include an electricity sub-station in a built up residential area?...
Heather quigley | April 7, 2013 @ 1:01pm
hi Please can you help me we have 2acres on the paddock we have had a ridding area which is not used now, we have been told it is a brown field site and the council has already, when looking for land to build houses on said its a brown field site we would like to build 11 houses on it we only want one what's our chances...
andrew | May 4, 2013 @ 3:04pm
Is anyone going to answer these questions ?...
Andrew Bailey | May 24, 2013 @ 9:11am
I have some barns that were used for agriculture, but in 1981 planning consent was changed to equestrian use. Do the building qualify as brown field/previously developed land ?...
STEPHEN BRICE | September 10, 2013 @ 9:04am
I'm involved in a big local issue which depends to a large extent on the exclusion in the last bullet point above, beginning 'Land that was previously developed...'. We have counsel's opinion on this site that it is exactly the sort of site for which this exclusion was drafted. Is there yet any case law on this particular point? Thanks, Stephen Brice...
Clarissa | October 16, 2013 @ 5:22pm
I can buy some brown belt next to my property,it only has acsess from my property but has pear trees only on it.would it meen I would not get permission for any thing in the futcher as their are no strutcherd buildings of any type on it...
John Bennet | October 27, 2013 @ 9:25pm
Hi, Please, Can a police station which was left 6 months ago,that was on the market for three months be deemed as brownfield sight, and does the classification of brownfield reduce the need for archcalogical report. Thanks you...
sutty | November 29, 2013 @ 7:02am
going back to andrew baileys comments on 24/5/13 is anyone going to tell the answer because i have the same question ...

Leave a Comment

Your Name  
Email Address  
(kept hidden)
Website
Comment  
Human Validation Check  
What is 16 - 9 ? Answer

ask a lawyer
contact us
book appointment
Blogs By Lawyer
©2014 Cousins Business Law. All Rights Reserved. No unauthorised copying, extraction or other use is allowed except with our prior written permission.
Cousins Business Law is authorised and regulated by the Solicitors Regulation Authority under number 485128.
Head Office: Swan House PO Box 11543, Birmingham, B13 0ZL. Tel +44 (0)845 003 5639. Fax: +44(0)121 275 6155. VAT Reg No. 881 045625.