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The Business and Planning Bill

The Government has now laid the Business and Planning Bill before Parliament which includes more details of the planning measures, outlined in our previous blog ‘New planning measures to boost construction post lock down’.

Extending the Implementation Deadline of Full Planning Permissions

Full permissions in England which are subject to conditions which require development to begin by no later than a date falling between 23 March 2020 and 31 December 2020 are proposed to be addressed in one of two ways:

  1. If the implementation date falls between the date the provision in the Bill comes into force and 31 December 2020, then the permission will be deemed to be subject to a condition which requires development to begin no later than 1 April 2021.
  2. If the implementation date falls between 23 March 2020 and the date the provision in the Bill comes into force, then the planning permission may be deemed to be subject to a condition which requires development to begin no later than 1 April 2021, but only if an “Additional Environmental Approval” (“AEA”) has first been granted.

The Bill details the procedure for an application for an AEA to be submitted to the local authority, and the conditions which must be satisfied for an AEA to be granted.  There is to be a right of appeal to the Secretary of State against a refusal by an LPA to issue an AEA.

Outline Planning Permissions

Outline permissions which are subject to a condition which requires an application for reserved matters to be made no later than a date falling between 23 March 2020 and 31 December 2020, will instead be deemed to be subject to a condition which requires the reserved matters to be submitted no later than 1 April 2021.

Outline planning permissions which are subject to a condition which requires that development must begin no later than a date falling between 23 March 2020 and 31 December 2020 will follow an equivalent approach to the one outlined above for full permissions.  An AEA may therefore be required before an extension to 1 April 2021 can take effect, depending upon when the implementation date of the outline permission falls in relation to the date on which the provision in the Bill comes into force.

Listed Building Consents

Listed building consents which are subject to a condition which requires works to begin by no later than a date falling between 23 March 2020 and 31 December 2020, will instead be deemed to be subject to a condition stating that the works must begin no later than 1 April 2021.

Looking Beyond 1 April 2021

In order to allow for further flexibility, the Bill includes the power for the Secretary of State to replace the 1 April 2021 date with a later date in due course.  The Secretary of State may specify further conditions which must be satisfied before any later date can take effect in relation to a permission.

Other Planning Measures

The Business and Planning Bill also includes the flexibility for planning appeals to be determined using more than one procedure (as outlined in my previous post).

A procedure for applications to be made to extend construction working hours which are controlled by planning condition is also included.

If you would like more information on any of the above, please email or call us on 0113 322 1915 today.

 

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James Cook

Partner 
Commercial Property
JCook@LawBlacks.com
0113 322 1915
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James Cook Blacks Solicitors LLP Leeds