Thursday 16 July 2020
Extension of planning permissions – update
I was asked yesterday when the government might have the legislation in place to extend the time limits on existing planning permissions.
The Business and Planning Bill is being fast-tracked through parliament. The next stage will be the committee stage in the House of Lords (due on 20 July).
My guess is that the government wants to get the Bill to Royal Assent before the summer recess (i.e. by 29 July).
Extension of planning permissions is governed by Clause 17 of the Bill, which will come into force at the end of the period of 28 days beginning with the day on which the Act is passed. So it should be in force by late August.
Extension of an existing planning permission that has not yet been implemented will be automatic if it has not expired by that date. If the permission has expired by that time, it will require an additional environmental approval.
UPDATE: My guess was correct (although I got the date of the beginning of the parliamentary recess wrong, by a week). The Bill got royal assent just before the end of term, on 22 July, so was in force by late August as predicted. The automatic extension of permissions will now end on 1 May 2021. Additonal environmental approval is required only if it is development that required an EIA. The environmental approval is deemed to be granted if the LPA does not determine it within 28 days. The deadline for environmnetal approvals is 31 December, but this could be extended by the Sectretary of State.
© MARTIN H GOODALL
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Martin will the extension apply to temporary permissions which are due to expire in the next couple of months?
ReplyDeleteThis temporary extension applies only to the time limit for implementing a planning permission. A planning permission that was granted for a limited period will still expire in the usual way (although only if there is a condition attached to the planning permission that requires the cessation of the use and/or the removal of the building at the end of the stated period – see I’m Your Man Limited and Uttlesford DC v SSE.)
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