The London Plan Review, published on 13 February 2024, recommended a presumption in favour of brownfield development for authorities that have underdelivered relative to their targets.  The Secretary of State called for a review of the London Plan in December last year after pointing out that the Mayor had provided 15,000 fewer homes each year than his own target and was 63,000 homes adrift of actual need in 2022.

The outcome of the London Plan Review has helped to inform a new consultation launched by the Department for Levelling Up, Housing and Communities, also on 13 February 2024.  The consultation, “Strengthening planning policy for brownfied development” will run until 26 March. 

The new consultation is looking at taking the presumption in favour of brownfield development from the London Plan Review and applying it across the 20 most populous towns and cities, identified in 2020, that are already subject to an “urban uplift”.  It sets out plans to: 1) set an expectation for local planning authorities to give significant weight to the benefits of delivering as many homes as possible and to be flexible in applying policies or guidance on internal layouts, especially on brownfield land; and 2) apply the presumption in favour of brownfield development to the 20 urban uplift towns and cities if they fall below 95% on their housing delivery test.

The consultation points out that requirements in relation to beauty and acceptable living standards will continue to apply, although the question is asked about whether the flexible application of standards should extend to areas in addition to internal layout.  The consultation also asks whether areas beyond those 20 towns and cities identified should be subject to the presumption.

These new proposals build on measures already in place intended to drive development onto brownfield sites and to increase house building.  It is suggested that 11,500 additional homes could be delivered through the London Plan changes, and this will increase if the changes are also applied across the 20 towns and cities.

Critics point out that many brownfield sites already have planning permission but are not being built out for other reasons.  Brownfield sites are likely to be more constrained, require complex land assembly and remediation work, all of which impacts the viability of a development.  The proposals do not represent the significant step change needed to meet housing need but may equate to a step in the right direction. 

The consultation can be found here  Citizen Space and any responses to it should be submitted by 11.45pm on 26 March 2024.

If you'd like assistance in relation to the issues raised please do contact Janine Shaw at jshaw@ortolan.com