Guidance

Fast-track planning for brownfield regeneration: key facts brief

Published 18 September 2020

Applies to England

Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 3) Order 2020 (S.I., 2020, No. 756)

What are the changes?

Owners of vacant and redundant freestanding buildings of a footprint of up to 1000 square metres will be able to fast-track the planning process for demolishing and rebuilding them as new residential developments within the footprint of the original building, up to a maximum height of 18 metres, including up to 2 storeys higher than the former building.

The new development could be a block of flats or a single new family home.

Why are you making these changes?

This reform will support the brownfield regeneration of our towns and cities by allowing vacant and derelict buildings to be repurposed quickly for much-needed housing. By developing on brownfield land, we can protect more of our green spaces and the Green Belt. They will also create opportunities for construction work as the economy recovers post COVID, saving the livelihood of construction workers and boosting local economies.

Where does it apply?

In England. There are exemptions for conservation areas, in National Parks, in Areas of Outstanding Natural Beauty and Sites of Specific Scientific Interest, listed buildings and World Heritage Sites.

When does it apply?

From 31 August 2020.

What safeguards are in place to ensure high quality development?

The reform gives permission to demolish and rebuild vacant buildings. That permission is subject to the existing fast-track approval process known as “prior approval”, where the local planning authority must consider specified matters first and they must notify local residents and groups can comment, and then the local council will consider representations made on those specified matters for prior approval.

  • During this process, the local authority will consider adequate provision of natural light in habitable rooms, highways matters, risk of flooding, the design and external appearance of the new buildings, and the impact on neighbouring buildings in respect of privacy and light – and landscaping.
  • The local authority can also consider methods of demolition plus any heritage issues – for instance a need for an archaeological assessment in sites of historical interest.
  • The council can approve the plans, reject them on the grounds above or could ask for further information.
  • The development will be subject to building regulations, including in respect of fire safety.

For new dwellings created, the local authority can charge an application fee of £334 for each new dwelling created up to a maximum of 50 units, and a fixed fee of £16,525 plus £100 for each new dwelling in excess of this.

What is within scope?

It will apply to vacant purpose-built blocks of flats, offices, research and development and light industrial buildings. It applies to buildings built before 1990 that have been vacant for at least 6 months.