Brownfield reforms bring CIL, BNG and planning obligations into focus

This week’s briefing covers policy proposals and legal rulings affecting planning charges, a series of development finance transactions, and construction delivery and handover matters.

THIS WEEK AT A GLANCE

  • Reform UK proposes removing CIL, BNG and affordable housing requirements from most brownfield schemes outside five cities in England.
  • The Prime Minister pledged a brownfield-first approach and to release more public land for housing in his first PMQs.
  • The High Court issued a ruling clarifying limits on developer challenges to CIL liability notices in a case involving £125,275.
  • Lenders completed several development and bridging facilities, including a £4.7m PBSA loan and £15.6m for supported living conversions.
  • The Construction Leadership Council and BIM in Asset Management published draft guidance and launched a consultation on as-built and handover information.

PLANNING & REGULATION

Reform UK proposals on brownfield exemptions

Planning Resource reports that Reform UK has proposed removing affordable housing obligations from brownfield sites outside five of England’s largest cities, along with scrapping Community Infrastructure Levy payments and biodiversity net gain requirements on brownfield projects nationwide, and dropping housing targets for councils.

PM signals brownfield-first approach

Planning Resource also reports that the Prime Minister, in his first PMQs, said he would adopt a brownfield-first approach and release more public land to support housing delivery on previously developed sites.

High Court clarifies CIL challenge limits

Planning Resource covers a High Court decision rejecting a developer’s attempt to overturn a council’s refusal to revise two CIL liability notices. The ruling, described as a landmark, involved notices totalling £125,275 and clarifies the legal limits for developers seeking to challenge levy charges.

Inspector allows 110 homes citing revised NPPF

Planning Resource notes an inspector has allowed outline proposals for 110 homes in the open countryside after finding the council could not demonstrate a five-year housing land supply and citing the revised National Planning Policy Framework’s presumption in favour of sustainable development outside settlements.

BUILD COSTS & CONSTRUCTION

As-built and handover information consultation

Construction Management reports the Construction Leadership Council and BIM in Asset Management published draft guidance on as-built and handover information and opened a six-week consultation. The guidance sets out minimum content for handover packs, applies to work subject to building regulations, and aims to improve the accuracy and usefulness of information provided at project completion. The consultation deadline is noon on 16 October.

McLaren restores Brettenham House in central London

Construction Management reports McLaren has completed a large refurbishment of Brettenham House for Helical, a £90m cut-and-carve contract that includes major structural work, relocation of plant into basements, new cores and restored stonework. The project delivered high sustainability targets and required complex coordination of specialist trades and fire protection strategies.

Mace reuses recycled steel on West End project

The Construction Index reports Mace Construct used 78 percent recycled steel in the 30 Duke Street St James’s office and retail project for GPE, noting the reuse figure in the completed scheme.

DEVELOPMENT FINANCE & MARKET CONDITIONS

Representative development and bridging facilities

Property Reporter lists several lender transactions: Atelier completed a £4.7m development loan to convert a Category A listed former hotel in Aberdeen into a 48-room PBSA scheme, at 70 percent LTV over 19 months; Paragon provided a £11.7m, 30-month facility for a 79-home Gainford scheme targeting high EPC performance; United Trust Bank provided £15.6m across two facilities to convert two redundant buildings into 92 supported living units in South-West London; and Mercantile Trust completed a £425,000 bridging loan in three days for a portfolio landlord needing urgent capital.

LANDLORDS & INVESTORS

The regulatory wrapper and rental supply reports

Property118 published an analysis by Mark Wilson examining how recent leasehold reforms and building safety obligations can transform freeholds from income assets into what the piece calls a regulatory wrapper, shifting costs and responsibilities onto flat owners and altering ownership incentives. Property118 also reports commentary linking the Renters’ Rights Act to falls in rental supply, with industry bodies and tenant accounts cited describing landlord exits and tighter availability in parts of the market.