The 2017 Regulations introduced the requirement for all local planning authorities in England to
prepare, maintain and publish registers of previously developed land within their area that they
consider appropriate for residential development (brownfield land registers). The 2017 Regulations
set out in detail the steps that local planning authorities are required to follow in preparing and
publishing their brownfield land registers. Those authorities specified in section 37 of the Planning
and Compulsory Purchase Act 2004 “the 2004 Act” are required to publish a brownfield land
register. They are: district councils, London borough councils, metropolitan district councils, county
councils (in areas where there is no district council), the Broads Authority, National Park authorities
and a Mayoral Development Corporation where it is the local planning authority for the purposes of
Part 2 of the 2004 Act.
Brownfield land registers will ensure that standardised information and data about brownfield land
that is suitable and available for residential development is kept up-to-date and made publicly
available. This will provide certainty for local authorities, developers and communities and
encourage investment on brownfield land. Registers will also enable the aggregation of data on
brownfield land that is suitable for housing, including progress being made on getting planning
permissions in place.
Brownfield land registers are also a vehicle for granting permission in principle on suitable sites
helping to increase the number of planning permissions for new homes.
