New permitted development rights for site connected to an emergency - Kuits Solicitors Manchester
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New permitted development rights for site connected to an emergency

New permitted development rights for site connected to an emergency

14th April 2020 - Published by the Kuits planning team

At 10am on 9 April 2020, a new permitted development right (PDR) came into force. This was to allow the use of land/buildings that are leased, occupied or maintained by a local authority or health service body in connection with an “emergency”.

An emergency is defined as “an event or situation which threatens serious damage to human welfare in a place in the United Kingdom“.

There are lots of technical details to be satisfied in order to use this PDR. However, that is not really the point. The key focus is that the owner or lessee of land or buildings can lawfully, in planning terms, allow them to be used for a different purpose under the current circumstances.

The new PDR will allow a change of use of existing buildings and the erection of new temporary buildings/structures for use in connection with an “emergency”.

The new use must cease on or before 31 December 2020 and there are 12 months to restore the buildings/land once the use ceases.

This is a temporary change of use and no planning permission is required to return the land/buildings to their original use at the end.

Anyone with the appropriate land or buildings could approach a local authority or a health service body and offer that land/buildings for use connected with the emergency.  Those bodies are best placed to say what they need, but the offer of suitable land/buildings would give them options.

If the developer is not the local authority, then the local authority needs be notified as soon as practicable after commencing development.

In order to qualify, the local authority or health service body must have the appropriate rights in place prior to commencing development.

This only applies to the planning position and other regimes must be examined closely, for example any leases, insurance, environmental permits, listed building or advertising consents.

Our planning and commercial property experts can provide you with further insight. Please contact Bob Sadler on 0161 838 7991 or at bobsadler@kuits.com

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