Changes to Construction Working Hours

Changes to Construction Working Hours
The Business and Planning Act 2020 temporarily modifies the Town and Country Planning Act 1990 to introduce a new fast tracked deemed consent process to enable urgent changes to construction working hours to support safe construction working in line with the Government’s latest social distance guidelines. These provisions are detailed in Section 74B of the Act.

The deemed consent process will enable developers to apply to local planning authorities to vary existing conditions, or the details submitted under a condition, that limit construction site working hours.

The new application route applies where planning permission has been granted for the development of land, subject to a condition restricting site working hours, or a condition requiring the submission of a construction management plan (which limits working hours).

It does not apply to mining operations or householder development. This means applications cannot be made under this route to extend working hours for proposals to alter or enlarge a single house (including works within the curtilage (boundary/garden).

If an application is approved, this will temporarily amend planning restrictions on construction working hours until 1 April 2021, unless either another earlier date has been requested by the applicant or is decided upon by the local planning authority, with the agreement of the applicant.

Local authorities have 14 calendar days to consider such applications. If the local planning authority does not determine the application within 14 days (excluding public holidays), the revised working hours are deemed to have been consented to and construction can take place in accordance with these new hours.