# The Town and Country Planning (Brownfield Land Register) Regulations 2017, Regulation 14: Exemptions for certain types of land

Extent: E+W

(1) A local planning authority must not enter land in Part 2, where residential development of that land could be Schedule 1 development.
(2) A local planning authority must not enter land in Part 2, where residential development of that land could be Schedule 2 development, unless—
(a) the local planning authority—
(i) have the information listed in paragraphs (2)(a) to (d) of regulation 6 of the EIA Regulations 2017,
(ii) have specified the maximum net number of dwellings which in their opinion the land is capable of supporting,
(iii) are of the view that the information and specified number referred to in paragraphs (i) and (ii) respectively, together with any such other information they may have about residential development of the land, are sufficient for them to adopt a screening opinion under regulation 6 of the EIA Regulations 2017, and
(iv) adopt a screening opinion under regulation 6 of the EIA Regulations 2017 that potential residential development up to and including the number of dwellings referred to in paragraph (ii) will not be EIA development;
(b) the Secretary of State has made a screening direction under paragraph (3) of regulation 5 or paragraph (5) of regulation 7 of the EIA Regulations 2017 that the development is not EIA development; or
(c) the Secretary of State has made a direction under regulation 63 of the EIA Regulations 2017 that the development is exempted from the application of those Regulations.
(3) For the purposes of paragraph (2)(a), regulation 6 (requests for screening opinions of the relevant planning authority) of the EIA Regulations 2017 applies with the following modifications—
(a) as if a person had requested the local planning authority to adopt a screening opinion and had provided them with the information referred to in paragraph (2) of that regulation;
(b) as if the potential residential development of the land, for the maximum net number of dwellings, were an application for planning permission;
(c) as if in paragraph (4) “or (3)” were omitted;
(d) as if paragraph (6) were omitted and replaced by—
“(6) An authority may adopt a screening opinion.”; and
(e) as if paragraphs (3), (5) and (7) to (11) were omitted.
(4) A local planning authority must not enter land in Part 2 where residential development of that land could be habitats development, unless—
(a) they have specified the maximum net number of dwellings which in their opinion the land is capable of supporting; and
(b) they are satisfied that development up to and including that number would not be habitats development.
(5) In this regulation—
“competent authority” has the meaning given by regulation 7 of the Conservation of Habitats and Species Regulations 2017;
“EIA development” has the same meaning as in paragraph (1) of regulation 2 of the EIA Regulations 2017;
“the EIA Regulations 2017” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2017;
“European offshore marine site” has the meaning given by regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;
“European site” has the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017;
“habitats development” means development—
(a)which is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects) and is not directly connected with or necessary to the management of the site; and
(b)for which the competent authority has not given consent, permission, or other authorisation in accordance with regulation 63 of the Conservation of Habitats and Species Regulations 2017 (Assessment of implications for European sites and European offshore marine sites).
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“Schedule 1 development” and “Schedule 2 development” have the same meaning as in paragraph (1) of regulation 2 of the EIA Regulations 2017.

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Source: https://www.legislation.gov.uk/uksi/2017/403/regulation/14 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-brownfield-land-register-regulations-2017/regulation-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.