Planning changes in the draft Business and Planning Bill 2020 - Kuits Solicitors Manchester
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Planning changes in the draft Business and Planning Bill 2020

Planning changes in the draft Business and Planning Bill 2020

26th June 2020 - Published by

The draft Business and Planning Bill 2020 was published on 25 June. While we have no specific information regarding timescales for the passing of the bill, it is hoped that this will be swiftly enacted. As explained in our previous insight, the draft provisions relating to the extension of the duration of planning permissions will be particularly welcomed by the property sector.

One of the provisions of the draft Bill deals with conditions on planning permissions that relate to construction working hours. An application has to made to the Local Planning Authority (LPA) to vary these hours – although it is important to note that this does not apply to development on an existing dwellinghouse, within the curtilage of an existing dwellinghouse (which is incidental to the enjoyment of that dwellinghouse), a change in use of a dwellinghouse or a change in the number of dwellings in a building.

Another provision of the draft Bill deals with the extension of duration of planning permissions. The amendment will provide an automatic extension to planning permissions expiring between the date that the Business and Planning Act comes into force and 31 December 2020. The planning permission will now expire on 1 April 2021.

Permissions that expired between 23 March 2020 and the day before the Business and Planning Act comes into force will require an application to the LPA which, if granted, will extend the permission until 1 April 2021.

For Outline Permissions, there is a provision deeming that reserved matters applications that had to be made between 23 March 2020 and 31 December 2020 will now have to be made prior to 1 April 2021.

There are similar deemed and applied for provisions for the extension of the time when an outline permission expires, and similar provisions relating to Listed Buildings Consents.

The draft Bill also contains provisions to allow the Planning Inspectorate to “mix and match” types of appeal. This provision is not time-limited.

Somewhat harshly, permissions that expire on 1 January 2021 will receive no extension.

Whilst a little more cumbersome than the Scottish legislation, the fact that the government has acted to extend the life of planning permissions will be greatly appreciated by the real estate sector.

For advice on how these changes could affect your existing Planning Permissions, please contact Bob Sadler in the planning team on 0161 838 7991 or email bobsadler@kuits.com.

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