New definition of brownfield land

Posted: Monday, 14 June 2010 @ 09:54

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

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legal advice, nor is it intended to be a complete and authoritative statement of the law, and what we say might be out of date by the time you read it.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.

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