The Business and Planning Act 2020 temporarily modifies the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990 to enable certain planning permissions and listed building consents in England which have lapsed or are due to lapse during 2020 to be extended.
This is in recognition of the effect coronavirus has had on the planning system and the construction sector and in particular the delays it has caused to the commencement of new development. This extension will allow the commencement of the planning permissions and listed building consents without the need for a new application.
Detailed Planning Permissions and Deemed Consent
Under section 93A of the Town and Country Planning Act 1990, unimplemented planning permissions with time limits for implementation which were due to lapse between 19 August 2020 (when the provisions came into force) and 31 December 2020 are extended to 1 May 2021. This happens automatically, with no requirement to obtain Additional Environmental Approval.
In addition, unimplemented planning permissions with time limits for implementation which passed between 23 March 2020 and 19 August 2020 are also restored and the time limit extended to 1 May 2021, subject to Additional Environmental Approval being granted. Further details of the Additional Environmental Approval process are set out below.
Outline Planning Permissions
Time limits for implementation relating to outline planning permissions are subject to extension in the same way as other planning permissions:
- time limits for implementation passed between 19 August 2020 and 31 December 2020 are automatically extended to 1 May 2021
- time limits for implementation passed between 23 March 2020 and 19 August 2020 are extended to 1 May 2021 if Additional Environmental Approval is granted in respect of the relevant planning permission
In addition, any deadline for the submission of applications for the approval of reserved matters under an outline planning permission which would otherwise expire between 23 March 2020 and 31 December 2020 is extended to 1 May 2021.
Listed Building Consent
All listed building consents with a time limit for implementation between 23 March 2020 and 31 December 2020 will be extended to 1 May 2021. Listed building consents will not be subject to a requirement to obtain Additional Environmental Approval.
Additional Environmental Approval
A planning permission with a time limit for implementation between 23 March 2020 and 19 August 2020 will only benefit from the statutory extension to 1 May 2021 where Additional Environmental Approval is granted by the local planning authority (or deemed to be granted).
Applicants should provide details of:
- The planning permission to which the application relates
- The condition(s) which set out the time limit(s) for implementation
- Any condition(s) or other agreements which relate to environmental mitigation or enhancement measures
- Whether the original permission was subject to an Environmental Impact Assessment and/or a Habitats Regulation Assessment, or screening for either type of assessment
If the original planning permission was granted without the need for an Environmental Impact Assessment or a Habitats Regulations Assessment, applicants should provide a brief explanation of why they consider it remains the case that neither of these assessments would be needed if an application for planning permission was being made now.
Applications should be determined by the local planning authority within 28 days from the sending of the application.
Where a local planning authority refuses Additional Environmental Approval, the applicant has the right of appeal to the Secretary of State under section 78 Town and Country Planning Act 1990. There is no right of appeal against non-determination as, in the event of non-determination, Additional Environmental Approval is deemed to be granted.