What the consultation proposes
A staged exemption for qualifying brownfield sites up to 2.5 ha; the qualifying test would include previously developed land status, absence of priority habitat (including post-industrial habitats of substantive nature conservation value), and explicit LPA acceptance of brownfield designation.[S10]
Interaction with the 0.2 ha small-sites exemption
The brownfield carve-out would sit alongside the existing 0.2 ha small-sites exemption; both would be available where qualifying. A small brownfield infill under 0.2 ha would be covered twice over; the brownfield route only matters for the 0.2 to 2.5 ha band.
Consultation status and response window
The consultation is hosted on Defra’s consultation portal; check the live status for the response deadline. Developers, planning agents, and ecology firms can respond directly.
Implementation timeline
Defra has signalled that any brownfield exemption would be enacted via secondary legislation after the post-implementation review reports back; realistic earliest implementation is 2027. The site will be updated when a Statutory Instrument is laid.[S10]