Landowners
What brownfield land is, common contamination risks, the benefits and pitfalls of redeveloping it, and planning tips, including Class MA permitted development.
Kisiel Group

19 August 2021
Have you considered a brownfield development? The main challenge is often the cost of getting the land ready: demolishing existing buildings and decontaminating the site, with extra costs up front and possible delays. But it is worth considering.
A brownfield site is land or buildings that have been previously developed and are now unused, derelict or contaminated.
A greenfield site has not been developed before. Green Belt is designated to protect open land around towns and cities.
We have all seen sites with redevelopment potential:
Utilities are usually already in place, even if you change the layout, and not every site is badly contaminated.
Brownfield sites can carry contamination risk, so they are not always a developer’s first choice. But government policy strongly supports bringing previously developed land back into use, and councils publish Brownfield Land Registers of sites suitable for housing.
Contamination is any substance that is or may be harmful to people or buildings, including corrosive, explosive, flammable, radioactive or toxic substances.

Common issues include:
Risk is assessed on the seriousness of the hazard and the likelihood of harm to people, wildlife, groundwater, foundations and building fabric, and of spreading to surrounding land.
Experienced developers are not put off, and specialist lenders regularly fund these projects. What matters is the site’s previous use, what may be below ground and your track record on similar sites.
With national targets of around 300,000 new homes a year, there is pressure to find sites. Despite remediation costs, brownfield land often has infrastructure in place and offers the chance to transform a neighbourhood or improve a street, which adds value to the new homes.

Remediation can be expensive, especially on former industrial land, and contamination can be buried deep, so a full ground investigation before purchase is critical.
Sites are not always where housing demand is, unless a whole area is being regenerated. Planning can be delayed while remediation is agreed. And some brownfield sites have higher biodiversity than farmland, as nature quickly colonises undisturbed urban land, which can raise planning issues.

Since 1 August 2021, Class MA permitted development allows many Class E commercial uses to change to residential through prior approval rather than a full planning application, provided the conditions are met. Class E includes:
Permitted development rights also allow up to two additional storeys on certain existing blocks of flats. Airspace schemes still need the existing structure to carry the extra load, and legal and practical issues must be considered.
Don’t dismiss brownfield sites when looking for your next development. Just check feasibility carefully, including a full ground investigation, before committing time and money.
Tell us about it. You will speak to the people who make the decisions.