Business and Planning Bill 2019-20
Summary of changes – Business and Planning Bill 2019-2020
On 25th June 2020, the Government announced a set of measures as part of the Business and Planning Bill 2019-20 to bring forward temporary changes to the planning system to support economic recovery. These are summarised below:
Planning permission expirations (p.27):
• Section 93A – Permissions that have an expiry date between the day Section 17 of the Business and Planning Act comes into effect and the end of this year (31 December 2020) will now have that consent extended to 1 April 2021
• Section 93B – Permissions which expired between 23 March 2020 and the day before which Section 17 of the Business and Planning Act comes into effect will need ‘additional environmental approval’ – to ensure EIA and habitats assessments remain up to date – also extends permission until 1 April 2021 if approved.
– Decision must be issued within 28 days. Extensions can be agreed but not by a total of more than 21 days.
– Additional Environmental Approval cannot be granted after 31st December unless by appeal where notice under section 78(3) is served on or before that date.
– If no decision is issued, additional environmental approval is deemed to have been granted.
– An additional environmental approval may not be granted subject to any condition.
• Section 93D – Outline permission which requires approval of reserved matters to be no later than a time between 23 March 2020 and 31 December 2020. Extends it to 1 April 2021.
• Section 93E – Outline permission extensions of time for certain time limits for beginning development. Applies to development or part of development must begin no later than between the date Section 18 of the Business and Planning Act comes into effect and 31 December 2020.
• Section 93F – Outline permission where development must begin no later than between 23 March 2020 and the day before that on which section 18 of the Business and Planning Act 2020. These require additional environmental approval. Same details apply as in Section 93B regarding determination time limits etc.
• Listed Building consent – Applies to permissions where development must begin no later than between 23 March 2020 and 31 December 2020. Automatically extends to 1 April 2021.
Construction working hours (p.23):
• Section 74B of TCPA – 14-day fast track application to amend construction working hours
• Does not apply to “relevant development of a dwellinghouse” – householder development and development which does not involve a change of use of the dwellinghouse or a change in the number of dwellings in a building (74B)(9b). Please note dwellinghouse does not include buildings containing one or more flats.
• Applies where a condition specifies working hours OR a condition requires a document to be approved which outlines the working hours and such document has already been approved by the LPA.
• Allows for construction activities to be carried out for a longer period on a particular day or additional days which they would not otherwise be allowed to be carried out on.
• LPA cannot:
– Prohibit construction from being carried out during the times specified on the previously approved application
– Need to provide the date the modification takes effect and ceases – the cease date must be no later than 1 April 2021. – The start date must not be within 14 days from the date of submission, starting with the day after the application is sent to the LPA (please note the Planning Portal payment processing times when considering this). Does not include Christmas Day, Good Friday or Bank Holidays. – There is a right to appeal under Section 78(1)(ab).
• If not determined within 14 days, beginning with the day after the application was sent to the LPA, the application is deemed to have been modified.
• Partial approval (74C(1)(c)) – only with written agreement from applicant.