What is Brownfield Land?
Land that is or was occupied by a permanent structure (excluding agricultural or forestry buildings), and associated fixed surface infrastructure. The definition covers the curtilage of the development. Previously developed land may occur in both built-up and rural settings. The definition includes defence buildings and land used for mineral extraction and waste disposal where provision for restoration has not been made through development control procedures.
The definition excludes land and buildings that are currently in use for agricultural or forestry purposes, and land in built-up areas which has not been previously developed (e.g. parks, recreation grounds, and allotments - even though these areas may contain certain urban features such as paths, pavilions and other buildings). Also excluded is land that was previously developed but where the remains of any structure or activity 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), and where there is a clear reason that could outweigh the re-use of the site – such as its contribution to nature conservation - or it has subsequently been put to an amenity use and cannot be regarded as requiring redevelopment.
NLUD identifies 5 categories of Brownfield land as follows:
CATEGORY A - PREVIOUSLY DEVELOPED LAND WHICH IS NOW VACANT: Land that was previously developed and is now vacant which could be developed without treatment. Treatment includes any of the following: demolition, clearing of fixed structures or foundations and levelling. Land previously used for mineral extraction or waste disposal which has been or is being restored for agriculture, forestry, woodland or other open countryside use is excluded.
CATEGORY B - VACANT BUILDINGS: Vacant buildings, unoccupied for one year or more, that are structurally sound and in a reasonable state of repair (i.e. capable of being occupied in their present state). Includes buildings that have been declared redundant or where re-letting for their former use is not expected. Includes single residential dwellings where they could reasonably be developed or converted into 10 or more dwellings.
CATEGORY C - DERELICT LAND AND BUILDINGS: Land so damaged by previous industrial or other development that it is incapable of beneficial use without treatment. Treatment includes any of the following: demolition, clearing of fixed structures or foundations and levelling. Includes abandoned and unoccupied buildings (including former single residential dwellings) in an advanced state of disrepair i.e. with unsound roof(s). Excludes land damaged by development which has been or is being restored for agriculture, forestry, woodland or other open countryside use. Excludes land damaged by a previous development where the remains of any structure or activity 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), and where there is a clear reason that could outweigh the re-use of the site - such as its contribution to nature conservation - or it has subsequently been put to an amenity use and cannot be regarded as requiring redevelopment.
CATEGORY D - LAND OR BUILDINGS CURRENTLY IN USE AND ALLOCATED IN THE LOCAL PLAN AND/OR HAVING PLANNING PERMISSION: Includes all sites, currently in use (with the addition of buildings that have been vacant for less than one year), allocated for development in the adopted plan or with outstanding planning permission where redevelopment has not started. Includes all single residential dwellings having planning permission yielding at least one additional dwelling.
CATEGORY E - LAND OR BUILDINGS CURRENTLY IN USE WHERE IT IS KNOWN THERE IS POTENTIAL FOR REDEVELOPMENT (BUT THE SITES DO NOT HAVE ANY PLAN ALLOCATION OR PLANNING PERMISSION): Includes sites currently in use (with the addition of buildings that have been vacant for less than one year that are likely to be disposed of by their owners for redevelopment or conversion in the next five years. The recognition of potential sites for redevelopment will depend to some degree on local knowledge and judgement. The objective here is to identify major potential redevelopment sites before they reach the planning permission stage. It is not envisaged that extensive surveys will be carried out to develop a comprehensive and site-specific assessment of land and buildings falling in this category.
Note - that categories D and E relate to ‘in use’ or latent Brownfield land.