The UK Government’s proposed planning reforms: Understanding the ‘Brownfield Passport’

The UK Government has set its sights on revitalising urban land use, spearheading a new wave of planning reform designed to streamline development on brownfield sites. Among these proposals, the concept of a ‘brownfield passport’ has emerged as a potential game-changer, aiming to simplify the approval process for suitable urban projects. For commercial developers, this reform could present both an opportunity and a challenge, shaping the future landscape of development in the UK.

The Brownfield Passport

The Government is looking to unlock the full potential of urban land, expedite housing delivery, and stimulate economic growth by making it easier to build on previously developed sites. The ‘Brownfield Passport’ is envisioned as a mechanism that would establish a presumption in favour of development in towns and cities, significantly reducing the uncertainty, cost, and time involved in securing planning permission. Under this proposal, developments that meet predefined criteria would receive automatic approval, shifting the default response from hesitation to an emphatic “yes.”

The working paper sets out four key areas of reform: the principle, scale, and form of development, as well as the role of area-wide permissions. It underscores the Government’s commitment to ensuring that urban brownfield sites are prioritised before turning to greenfield and Green Belt land. It also seeks to balance streamlined approval processes with necessary safeguards, ensuring that local oversight is maintained while avoiding unnecessary bureaucratic delays.

Planning principles

One of the core ideas under consideration is the establishment of a national policy that explicitly states brownfield development is acceptable unless specific exclusions apply, such as risks related to flooding or inadequate infrastructure. This shift could provide much-needed clarity for developers, allowing them to proceed with greater confidence, knowing that viable projects will not be derailed by policy ambiguity.

The proposal also addresses the need for increased urban density. Compared to other major European cities, many parts of England remain underdeveloped in terms of residential and commercial density. The Government is exploring whether national policies should mandate minimum development scales, such as requiring four-storey buildings on principal urban streets. This approach, reminiscent of zoning strategies seen in cities like Barcelona and Paris, could fundamentally reshape urban centres, offering developers a more predictable framework for higher-density projects.

To further enhance certainty, the paper suggests that local development plans incorporate detailed design guidance and codes. By predefining acceptable development forms for specific areas, these codes could accelerate approvals while ensuring that projects align with local character and infrastructure capacity. For commercial developers, this could reduce the risk of protracted negotiations over project design, fostering a more efficient planning process.

Perhaps the most ambitious aspect of the proposal, however, is the integration of Local Development Orders (LDOs) to grant area-wide permissions. LDOs would allow local authorities to designate zones where specific types of development automatically receive consent, eliminating the need for individual applications. This approach, if widely adopted, could significantly lower planning hurdles for developers looking to invest in urban regeneration projects.

Implications for developers

The implications for developers are profound. On one hand, the ‘brownfield passport’ could open up a wealth of new opportunities, particularly in high-demand areas where land supply has traditionally been constrained by political obstacles. On the other hand, developers may face new challenges in adapting to potentially higher density requirements and ensuring compliance with evolving design codes.

The success of the ‘brownfield passport’ will ultimately depend on how it is implemented. If the Government strikes the right balance between streamlining approvals and maintaining quality control, this reform could usher in a new era of urban regeneration. However, the legal and planning communities will need to engage closely with policymakers to ensure that the final framework supports sustainable growth without compromising local oversight.

For developers, the message is clear: the planning landscape is shifting, and now is the time to engage with these proposals. Understanding the nuances of the ‘brownfield passport ‘and preparing for its potential introduction will be key to capitalising on the opportunities it presents.

Newmanor Law remains committed to guiding our clients through these changes, providing expert legal insight to help navigate the evolving planning system and maximise development potential.