The announcement in the Summer Budget to grant 'automatic permission' on all registered brownfield sites across the UK is a significant reform. However, various technical challenges need to be overcome.

For the ‘automatic permission’ to operate, sites need to be on a brownfield register. Anyone wishing to use this permission will have to agree a number of ‘vital conditions’ with the local authority. This is broadly similar to how the outline planning permission and reserved matters process currently works.

The government needs to strike a balance here between how much screening takes place before land can go on to the register and the number of conditions. Too many vital conditions, or too few sites on the register, then it’s largely useless and takes ages. On the other hand a free-for-all is unlikely to meet legally binding environmental standards and create a strong political backlash. After all Council’s and the residents view most of the current conditions as ‘vital’, don’t they?

What do we know already?

Very little. Councils will bring forward land for the register and will be able to specify the number of homes that will be allowed through the ‘automatic permission’, presumably within some suitable density range. The ‘vital conditions’ within their control will be sorted out through consultation.

What conditions might come out of the consultation?

There are three conditions that we can be reasonably confident are unavoidable:

1. Design - Controls on design will be vital to getting this through Parliament, this may be based on some kind of neighbourhood approval.
2. Environmental Impacts – Legally, Environmental Impact Assessment (EIA) screening is necessary on larger sites (over 5 hectares) and decontamination was given as an example of a possible condition in the Budget announcement; so fairly safe to bank that one.
3. Infrastructure Contributions - Community Infrastructure Levy is highly likely to apply, it currently does on other forms of Permitted Development, and an infrastructure contribution, possibly in relation to affordable housing, is also possible.

Conditions such as flood risk and access are also likely to be controlled at the local level.

When will the consultation come out and the legislation be in place?

Probably late summer and spring 2016 respectively. No dates have been released for implementation but if the Chancellor keeps to previous form the Government’s aim will be to get the consultation complete before the Autumn Statement and introduce legislation through amendment to first session legislation, probably the Housing Bill.

The amendment is likely to have a bumpy ride on the back of this bill. Tory back-benchers have a track record of rebelling on permitted development legislation (remember household extensions?) and the Lords are similarly unconvinced. If push comes to shove delivering the key manifesto commitments in the Housing Bill will take priority and this amendment may fall.