Changes to the planning regime in response to COVID-19 - Kuits Solicitors Manchester
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Changes to the planning regime in response to COVID-19

Changes to the planning regime in response to COVID-19

23rd March 2020 - Published by Bob Sadler

On 13 March 2020, the Secretary of State for Housing, Communities and Local Government, Robert Jenrick, released a Written Ministerial Statement (WMS) that urged Local Planning Authorities (LPA) not to enforce delivery restrictions imposed on retailers of food, sanitary and other essential items.

It is important to note that this is merely Government guidance and not a change in the law.  That said, it would be very difficult for an LPA to justify that it was expedient to enforce against a breach of such a delivery restriction.  This was done by a WMS since delivery restrictions are normally imposed by way of a planning condition.

By contrast, on 17 March 2020, Robert Jenrick announced that secondary legislation would come forward as soon as possible for a time limited temporary change of use to allow restaurants and pubs to trade as hot food takeaways (as set out in the Kuits bulletin of 23 March).  This is a permitted development right and so is introduced through a change in the law rather than a WMS.

The new use will be allowed for 12 months.  The LPA will have to be told when the new use starts and finishes.

The sale of alcoholic drinks will still be subject to licensing law and businesses should contact our specialist licensing team for further advice.

For further advice, please contact Bob Sadler in our planning team on 0161 838 7991 or email bobsadler@kuits.com.

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