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Policy BE4 and Meanwhile Feasibility

Meanwhile feasibility and strategy for Policy BE4

About the Local Plan Policy BE4

Brent’s adopted Local Plan supports the use of vacant sites or buildings for occupation for temporary uses.

Local Plan Policy BE4

All phased major developments within Town Centres or Growth Areas will be required to submit an appropriate Meanwhile Feasibility Study and if feasible, an appropriate Meanwhile Strategy/Proposal.

Proposals for workspace, new markets, including farmers’ markets and street-food markets, will be encouraged as well as other seasonal/ temporary uses.

Temporary entertainment and leisure uses will be supported, particularly those which enhance and promote Brent’s heritage and culture.

View information about Meanwhile uses and examples of successful meanwhile projects in the Borough.

Meanwhile council requirements

  • Existing tenants must not be evicted for meanwhile uses.
  • Meanwhile projects as part of phased developments are to be provided on a peppercorn rent to Meanwhile Providers or Brent-based Charities/CICs/CIOs.
  • Developers must submit a Meanwhile Feasibility Study at pre-planning application stage.
  • Developers must submit Meanwhile Use Proposal/Strategy Option A or Option B with their planning application.
  • Developers must submit signed Meanwhile Use Heads of Terms (between the Developer and Meanwhile Providers or Brent-based Charities/CICs/CIOs) with their planning application.
  • Meanwhile Use Heads of Terms means a document setting out the terms of the commercial lease (which is to be entered into by the Owner and the Meanwhile Provider or Brent-based charity/CIC/CIO) for the meanwhile space. See more information about what is to be included in the Meanwhile Use Heads of Terms. (see Appendix 3)
  • Meanwhile terms would usually be secured in a section 106 (see s106 template in Appendix 1)
  • Developers must ensure new developments are provided with fenestration and confirm compliance with all relevant health and safety, fire and building regulations ahead of all meanwhile uses.
  • Developers must also ensure all statutory services (water, electricity, gas) are supplied, capped, tested and separately metered, and all drainage to be installed and connected on sites vacant for over 12 months.

Process and how to apply

Prior to commencement of works, a Meanwhile Use Strategy, in line with the Council’s adopted template, shall be submitted to and approved in writing by the Local Planning Authority, and implemented in full thereafter, unless otherwise agreed in writing by the Local Planning Authority.

In exceptional circumstances where the developer/owner is unable to lease the space, a financial contribution in lieu of on-site provision will be accepted, and this will be spent on meanwhile projects locally.

  1. Step 1 - Meanwhile Feasibility Study

    If you are a developer you must submit the Meanwhile Feasibility Study (MFS) at pre-planning application.

    Download the Meanwhile Use Study Template/ Feasibility document

    The document contains information on Meanwhile use in Brent Council, policy context, Meanwhile leases and successful examples, alongside the council recommendations and requirements.

    Towards the end of the document you will find the Feasibility Form. Please read carefully and complete all sections:

    • Site Analysis
    • Costs 
    • Programme 
    • Initial Proposal
    • Summary and Conclusions

    When you have completed the document please attach to the pre-planning application and submit along with any other required documents.

  2. Step 2 - MFS approval

    Council approves MFS, or provides feedback for Developer to implement and resubmit for approval in writing.

  3. Step 3 - Meanwhile Use Strategy

    When the council has approved the MFS then you as a Owner/ Developer can then submit the Meanwhile Use Strategy (MUS) and Heads of Terms (HOS) with the planning application.

    Please complete and download either Option A or Option B form. When you have completed the form you will have to attach and submit as part of your planning application via the planning portal. 

    Option A: Development by appointed Meanwhile provider

    The council publishes a list of Meanwhile Providers with proven experience in creating places for temporary use with added social value. Unlisted providers must be pre-approved in writing by the council.

    The Owner/Developer signs a lease with a Meanwhile Provider on a peppercorn rent (unless otherwise agreed in writing with the council) for the agreed minimum duration of the meanwhile use and the Meanwhile Provider occupies and manages the site.

    The Owner/Developer must get Heads of Terms approved by council in writing. The lease between the Owner/Developer and Meanwhile Provider would then be based on the approved Heads of Terms (unless otherwise agreed in writing by the council).

    Download Option A Meanwhile Use Proposal/Strategy template

    Option B: Owner/Developer leases site to charity based in the Borough

    The Owner/Developer signs a lease with a charitable, not for profit, CIC or CIO end user that is registered and based in the Borough to use the space on a peppercorn rent (unless otherwise agreed in writing by the council).

    The Owner/Developer must get Heads of Terms approved by council in writing. The lease between the Owner/Developer and charity/CIC/CIO would then be based on the approved Heads of Terms (unless otherwise agreed in writing by the council).

    The Council will consider credible Developer/Owner direct delivery of meanwhile uses in exceptional circumstances, such as if a developer has a track record delivering successful meanwhile uses. For example, developer Quintain Ltd delivered meanwhile use at their sites in Wembley Park, signing leases with Boxpark and the Troubadour Theatre.

    The Developer/Owner would need to demonstrate that they meet the requirements to be an Approved Meanwhile Operator, through meanwhile experience with references and relevant insurance.

    Download Option B Meanwhile Use Proposal/Strategy template

  4. Step 4 - MUS approval

    Council approves MUS and HOS in writing, or provides feedback for Developer to implement and resubmit for approval in writing.

  5. Step 5 - Delivery secured

    MUS delivery secured in S106 and via planning conditions.

  6. Step 6 - Monitoring

    Developer delivers MUS. Council monitors Developer’s delivery of MUS. If MUS is not delivered, a commuted sum payment is required.

The Council does not endorse any developer or organisation, or its services, for any particular scheme, or is liable to that end. Therefore, planning applicants and organisations must carry out their own due diligence when entering into any agreements.

Last updated 14/02/24
Government guidance

Useful information about the different kinds of leases, industry standard specimen leases and guidance for landlords and tenants.