The Planning & Business Bill was introduced into the House of Commons on 25 June 2020 and its second reading in the House of Lords was on 6 July 2020.

One of the most anticipated proposals of the Bill includes the automatic extension of planning permissions and listed building consents.  There were real concerns about the implementation of planning permissions as a result of the lockdown imposed in mid-March and the inevitable resulting delay in development.

As part of its economic measures to kick-start development, the Government is proposing provisions for the automatic extension of planning permissions and listed building consents which expired from 23 March 2020 and will include permissions which are due to expire up to 31 December 2020.

A summary of these proposals in the Planning & Business Bill and associated draft Government guidance are set out below:

  • Introducing new provisions stating that unimplemented (outline and full) planning permissions and listed building consents with time limits for implementation which are due to lapse between 28 days after royal assent of the bill (yet to be seen) and 31 December 2020 will automatically be extended to 1 April 2021.
  •  Introducing new provisions stating that unimplemented (outline and full) planning permissions and listed building consents with time limits for implementation which lapsed between 23 March 2020 and 31 December 2020 will automatically be extended to 1 April 2021 subject to having been granted Additional Environmental Approval. 
  • Outline planning permissions with deadlines for submission of reserved matters approval which would have expired between 23 March 2020 and 31 December 2020 will automatically be extended to 1 April 2021.
  •  Note that there is a requirement to seek Additional Environmental Approval for already lapsed permissions before benefitting from the extension: 
    • This is a formal application to the authority which must be made by a person with an interest in the application site, but no prescribed form has been provided.  
    • The authority has 28 days to deal with the application, which can be extended by agreement in writing but should not be extended past 21 days.
    • If the authority does not determine the application within 28 days (or the extended period), the approval is deemed as given.
    • No formal consultation requirements are attached to these applications but they may find it necessary to.
    • There are no statutory publicity requirements.
    • Determination procedure – i.e. Committee or delegated – should be down to the authority but taking into account timescales.
    • The application should provide details of any conditions/agreements relating to environmental mitigation or enhancement measures and whether there was any EIA or HRA assessment or screening.  
    • If so, then details of mitigation measures and why the applicant says that there have been no changes to environmental circumstances which would make the assessment or screening out of date. 
    • If not, an explanation of why neither any EIA or HRA assessment or screening would be needed if an application for planning permission was being made now.
    • If no assessment or screening was required then but may be required now, they need to give the authority the opportunity to screen within the 28 day determination period.
    • No new conditions can be added, it is a simple yet or no.
    • The application can be made up to 31 December 2020 and no Additional Environmental Approval can be given after 31 December 2020, so the latest application should be 2 December 2020.
    • In the case of a refusal, an appeal can be made to PINS pursuant to s78 or a fresh application can be made to the authority to trigger the 28 day determination period.
  • No other action is needed to be taken by an applicant to benefit, they are automatic provisions.  If an applicant wants written confirmation they can ask a local authority to confirm but they should apply for a CLOPUD for the avoidance of doubt. 
  • The provisions allow for further changes to the 31 December 2020 and 1 April 2021 dates but there are no plans to change these at present.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.