Business and Planning Act 2020

The Business and Planning Act 2020 includes a range of measures which aim to help businesses adjust to new ways of working as the country recovers from disruption caused by Covid-19.

The Act makes the following provisions:

  • the automatic extensions of planning permissions that have lapsed during the Covid-19 lockdown. Clauses 17 to 19 of the bill make provision to allow the commencement period for certain unimplemented planning permissions and listed building consents to be extended. "This is to ensure relevant permissions and consents are still extant, enabling development to commence following delays caused by Covid-19", the bill's explanatory notes say. The measures allow permissions for development which has already received the grant of planning permission or listed building consent and would lapse between 23 March and 31 December 2020 to be extended until 1 April 2021. The measures would come into force 28 days after the act is passed.
  • planning permissions that have already lapsed before the provisions come into force will be subject to an "additional environmental approval" by the local council before the automatic extension can take effect. The explanatory notes say the local planning authority "must issue a decision to grant or refuse additional environmental approval within 28 days, or such longer period agreed in writing between the local planning authority and applicant (such longer period not to exceed an additional 21 days). If the local planning authority does not issue a decision within the 28-day period (or as extended), it is deemed to have granted additional environmental approval".
  • to allow inspectors to simultaneously use written representations, hearings and inquiries when deciding a planning appeal. The bill's notes say the Planning Inspectorate (PINS) will be provided "with the flexibility to use more than one procedure type when dealing with a planning appeal (local inquiry, hearing, and/or written representations), enabling appeals to progress at a faster pace". The amendments to section 319A of the Town and Country Planning Act 1990 are permanent and "will provide ongoing efficiencies" to the work of PINS, the notes add. This measure would be implemented as soon as the legislation is passed.
  • temporary measures to fast-track applications from developers to request changes to planning conditions to allow building site working hours to be extended. "This is to ensure that, where appropriate, planning conditions are not a barrier to allowing developers the flexibility necessary to facilitate the safe operation of construction sites during the response to the Covid-19 pandemic and to proceed at pace with work otherwise delayed as a result of Covid-19," the bill's explanatory notes say. Under the measures, local authorities would have 14 days to determine applications for such extensions, after which time they would be deemed to be approved. The measures would come into force six days after the act is passed.
  • temporarily removes requirements for the mayor of London to make the London Plan available for physical inspection and to provide hard copies on request. The requirement in relation to the capital's spatial development strategy (SDS) is set out in the section 43 of the Greater London Authority Act 1999. The notes state that the change set out in the bill "will help accelerate progress of the emerging SDS to ultimately unlock development and support the economy", as well as to "make it safer for planning officers and the general public inspecting documents, and reduce administrative burdens". The measure would come into effect the day the bill is passed.
  • make it "easier for premises in England serving food and drink such as bars, restaurants and pubs to seat and serve customers outdoors through temporary changes to planning procedures and alcohol licensing". The notes say that obtaining consent from local councils for the placement of furniture such as tables and chairs on the pavement outside their premises "can be costly and time-consuming". The bill includes temporary measures to "place a cap on the application fee for businesses, enforcement and revocation powers so councils can protect public safety and amenity, and introduces a new 14 day determination period, ensuring that businesses can obtain licenses in a timely and cost effective manner aiding to their financial recovery", the explanatory notes say. The measures extend to 30 September 2021 and would be introduced the day the bill becomes law.

Author: MHCLG

Date: 22/7/2020 Date received royal assent

This item updates DCP sections 4.415, 5.33, 4.42, 5.152

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