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Jurisdiction: Scotland
Commencement: 24th April 2020
Amends:
Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Changes to Pre-Application Consultation (PAC)* procedures are made as a result of the Coronavirus (COVID-19) emergency. The following requirements for PAC procedures are suspended from 24th April 2020 until 30th September 2020:
The removal of such requirements will apply to cases where the proposal of application notice (PAN)** was served between 24th April 2020 and 30th September 2020.
The exemption from holding a public event is only valid if the application for planning permission is made during 24th April to 30th September 2020, or within 6 months at the end of that period.
If a PAN is served after the 30th September 2020, then a public event will be required before an application can be made.
*A PAC is a public engagement with the community on proposed planning applications. This has the potential to improve both the efficiency and effectiveness of planning applications. A written report of the proposed application is required to be prepared in accordance with Section 35B of the Town and Country Planning (Scotland) Act 1997.
**A PAN is a notice detailing the type of consultation process the applicant will undertake including when and with whom (usually with local communities). The notice is placed on the local authority planning register and typically includes:
Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
The requirement for applicants to present physical copies of an Environmental Impact Assessment* (EIA) report for inspection by the public is suspended from 24th April 2020 until 30th September 2020. This has been brought in due to the Coronavirus (COVID-19) pandemic.
Information contained in the EIA will be available online during the time frame stated above. Anyone who wishes to view the EIA report will be able to access it online where it will be published by Scottish Ministers or the planning authority.
*An EIA evaluates the likely significant environmental impacts of a proposed development.
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Jurisdiction: Wales
Commencement: 10th April 2020
Amends: The Town and Country Planning (General Permitted Development) Order 1995
The main purpose of The Town and Country Planning (General Permitted Development) Order 1995 is to grant planning permission for certain classes of development without any requirement for an application to be made under Part III of the Town and Country Planning Act 1990.
The Order is amended so that certain changes of use of land are automatically permitted (i.e. without the need to apply for planning permission) where they are for the purposes of responding to a public health emergency in the UK (such as the Coronavirus (COVID-19) pandemic). Note that this Order only applies in Wales.
The permitted temporary developments must be undertaken by or on behalf of an NHS body.
The temporary developments which are permitted are:
The temporary development must cease and the land/ previous use be restored to its pre-development status by 10th April 2021.
Class C2 covers various residential uses. The relevant uses for the purposes of this Amendment Order are hospitals, nursing homes and residential accommodation for people in need of care.
Class D1 covers various non-residential uses. The relevant uses for the purposes of this Amendment Order are medical or health services.
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Jurisdiction: Wales
Commencement: 30th March 2020
Amends: Town and Country Planning (General Permitted Development) Order 1995
The main purpose of the Town and Country Planning (General Permitted Development) Order 1995 is to grant planning permission for certain classes of development without any requirement for an application to be made under Part III of the Town and Country Planning Act 1990.
A new permitted development right is added to allow local authorities in Wales to carry out certain development in an emergency* for which a planning permission application is not required. This development right is added as a new section in Schedule 2 of the 1995 Order, which sets out all the developments that do not require planning permission.
The development that is permitted has to be for:
*An emergency is an event or situation which threatens serious damage to human welfare in a place in the United Kingdom.
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Jurisdiction: Scotland
Commencement: 24th April 2020
Amends:
The Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations 2013
The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (SI 2017/101)
The Electricity Generating Stations (Applications for Variation of Consent) (Scotland) Regulations 2013 require the person applying to the Scottish Ministers for a variation, to provide a place where people can view the application for variation. The Electricity Works (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 removes this requirement during the Coronavirus (COVID-19) emergency i.e. it is not necessary to provide public access to view the application for variation. This applies from 24th April 2020 until 30th September 2020 unless otherwise amended.
The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017
The Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 contain various requirements for developers and planning authorities to make documents including the Environmental Impact Assessment (EIA) report, screening and scoping opinion, and other additional information available for inspection by members of the public.
The Electricity Works (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 vary this requirement temporarily during the Coronavirus (COVID-19) emergency, by removing the requirement for documents to be made available for inspection in hard copy, and replacing it with a requirement to make them available remotely in electronic format. This applies from 24th April 2020 until 30th September 2020 unless otherwise amended.
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Jurisdiction: Scotland
Commencement: 2nd April 2020
Amends: Single Use Carrier Bags Charge (Scotland) Regulations 2014
Single Use Carrier Bags Charge (Scotland) Regulations 2014 introduces a 5 pence charge to be applied to all single use carrier bags (supplied new) in Scotland. The charge applies to all single use bags, including those made from plastic, paper, plant-based material and natural starch.
Single use carrier bags solely used to:
will not be charged for, between the 2nd April 2020 to the 3rd October 2020.
After this date these single use carrier bags will revert back to being charged for.
This 6 month exemption has been put in place as part of the response to the Coronavirus (COVID19) pandemic.
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Jurisdiction: England
Commencement: 9th April 2020
Amends: The Town and Country Planning (General Permitted Development) (England) Order 2015
The Town and Country Planning (General Permitted Development) (England) Order 2015 grants planning permission for a range of predominantly minor developments, subject to certain limitations and conditions. This permission is commonly known as ‘permitted development rights.’
A new permitted development right is added to allow local authorities and certain health service bodies in England to carry out certain developments in an emergency* for which a planning permission application is not required. This development right is added as a new section in Schedule 2 of the 2015 Order, which sets out all the developments that do not require planning permission.
The development that is permitted has to be for:
*An emergency is an event or situation which threatens serious damage to human welfare in a place in the United Kingdom.
This has been brought in, in response to the Coronavirus (COVID-19) pandemic.
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Jurisdiction: EU
Commencement: 31st March 2020
This EU Regulation introduces temporary measures to help EU Member States comply with regulations for plant and animal health during the Coronavirus (COVID-19) pandemic.
Temporary measures are introduced by this Regulation to assist European Union (EU) Member States that are struggling to comply with EU requirements regarding plant and animal health as a result of the Coronavirus (COVID-19) pandemic. These temporary measures can be used by Member States from 31st March 2020 until 1st June 2020.
Two new EU Regulations to protect against animal disease and plant pests were introduced in 2016 and 2017 which Member States had to comply with by 14th December 2019. These are:
The COVID-19 Coronavirus pandemic is creating an ongoing challenge for Member States to conduct official controls and other official activities in line with the above EU legislation. In particular, the restrictions on movement of people within EU Member States means they are struggling to fulfil their duties, as their ability to deploy suitable staff for official controls and other activities has been impaired.
As a result the measures below have been introduced.
Member States that wish to utilise these temporary measures should inform the European Commission and other Member States. They must also inform them of the measures they have taken to address their difficulties to carry out the official controls required under Official Controls Regulation and the Plant Health Regulation.
Some activities needed to adhere to the requirements of the Official Controls Regulation or the Plant Health Regulation require the physical presence of control staff, such as for the clinical examination of animals, and certain checks on products of animal origin, plants, plant products, and food and feed of non-animal origin. These roles often have to be carried out by people with particular qualifications who are authorised to conduct these functions.
This Regulation allows the competent authority of each Member State to allow other people, who would not previously have been authorised, to carry out such functions. These people should:
Electronic copies of certificates or attestations required by either of the Regulations may now be used, or an electronic format of the certificate or attestation can be produced and submitted in TRACES.*
If these are used, then the person responsible for presenting the official certificate or attestation must provide a statement to the competent authority confirming that the original of the official certificate or attestation will be submitted as soon as is feasible.
*TRACES is the Trade Control and Expert System referred to in the Official Control Regulation. It is used to record, trace and manage data and information on animals and products of animal origin.
Analysis, testing, or diagnosis can now be performed by any laboratory that has been temporarily designated by the competent authority, rather than only official laboratories that were allowed previously.
Distance communication (e.g. virtual meetings) can be used instead of face-to-face physical meetings to discuss official control measures and techniques referred to in Article 14 of the Official Controls Regulation.
There are no changes to duties for businesses.
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Jurisdiction: England
Commencement: 26th March 2020
Repeals: The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020
The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020 list various types of businesses and organisations which are required to close to prevent the spread of Coronavirus, and those which are not required to close. The Regulations also define the restrictions which apply to individuals.
The Regulations are designed to protect public health by preventing the spread of COVID19 (i.e. Coronavirus).
The Regulations apply to many types of business and other organisations, which are required to close or restrict their activities.
They also apply to individuals, requiring people not to leave their homes except for certain specified reasons.
The Regulations apply in England only (similar Regulations have been passed in Scotland, Wales and Northern Ireland).
The Regulations impose requirements on various types of businesses and organisations which are required to close in order to restrict the spread of Coronavirus. The types of business or organisation affected can be divided into the following categories:
The Regulations also list certain key businesses which are excepted from the restrictions.
The Regulations repeal (and replace) The Health Protection (Coronavirus, Business Closure) (England) Regulations 2020.
The restrictions set out in these Regulations only apply during the ‘emergency period’. The emergency period starts on 26th March 2020. The emergency period ends in relation to any particular restriction or when the Secretary of State issues a direction ending it.
The Secretary of State must review the need for the restrictions at least every 21 days, commencing 16th April 2020.
The Secretary of State must issue a direction ending any restrictions or requirements as soon as they are no longer necessary to protect public health from the spread of Coronavirus.
In any event, the Regulations expire after 6 months.
The Regulations require the following types of business to close:
Any person carrying on a relevant business listed above must:
Workplace canteens can remain open where there is no practical alternative for staff to obtain food.
The Regulations do not apply to cafes or canteens in hospitals, care homes, schools, prisons, or MoD establishments for use for naval, military or air force purposes. They also do not apply to services providing food or drink to the homeless.
The provision of room service in a hotel is excluded (i.e. hotels) may continue to provide room service.
The Regulations require the following types of businesses to close:
Though otherwise required to close, cinemas, theatres, bingo halls, concert halls, museums, and galleries can be used to broadcast (by internet, television or radio) to people outside the premises.
Any suitable premises may still be used to host blood donation services.
The Regulations require all other businesses which supply goods for sale or hire to close. Libraries are included in this category (i.e. they must close).
The person carrying on any relevant business must close the premises and must not allow anybody onto the premises, except as set out below.
Although required to close, businesses supplying goods for sale or hire are permitted to continue to make deliveries or provide services for orders received by website, text, phone or post. The business may keep premises open and permit entry to people only to the extent required to make the deliveries or other services permitted here.
A business which sells hot or cold food for consumption off the premises is not required to close.
The person responsible for a business providing holiday accommodation must close the business, except where:
Holiday accommodation includes a hotel, hostel, bed and breakfast accommodation, holiday apartment, home, cottage or bungalow, campsite, caravan park or boarding house.
These must be closed except as follows:
These must be closed except where they provide essential voluntary activities or community support services (e.g. food banks, shelter for the homeless or vulnerable, blood donation or other emergency support).
These must remain closed to the public, except during a cremation or burial service.
If a business which is required to close forms part of a larger business, the larger business complies by closing the relevant part of the businesses which are required to close, i.e. those carrying on the types of business listed above.
The following types of businesses are excluded from the restrictions set out in these Regulations and may therefore continue to operate:
The Regulations also set out restrictions on personal movement. These apply to individuals, not businesses, but are set out here for information.
Individuals may not leave the place where they live, except in the following circumstances:
A person’s home includes the garden, and any paths, passageways, outhouses etc.
Homeless people are specifically excluded from the above requirements.
The following people are classified as ‘vulnerable’:
It is prohibited to gather in groups of more than two a public place, except:
The Regulations provide enforcement powers to police officers, community support officers, and such other people as may be designated by the local authority or the Secretary of State.
Enforcement powers include:
These powers should only be used where they are necessary and proportionate.
Any person who contravenes the duties under these Regulations, or fails (without reasonable excuse) to comply with any direction from a person with enforcement powers, is guilty of an offence which is punishable by a fine.
If a company commits an offence due to the consent, connivance or neglect of a director, manager, secretary or other officer of that company, that person is also guilty of the offence.
The Regulations provide that enforcement officials can serve a fixed penalty notice. Payment of the notice by the person on whom it is served avoids the need for criminal proceedings. The amount of a fixed penalty notice ranges from £30 (first incident) up to £960 (repeated infringements). The Regulations set out procedural rules concerning fixed penalty notices.
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Jurisdiction: England, Scotland, Wales
Commencement: 31st March 2020
Amends: The Feed-in Tariffs Order 2012 (SI 2012/2782) as amended
The Feed-in Tariffs Order 2012 (SI 2012/2782) as amended makes requirements for Feed in Tariffs. They set the maximum capacity for small scale low carbon electricity generation for Feed in Tariffs. The Regulations provide for the accreditation of installations, the operations of the registry and general administrative functions.
This Amendment Order extends the period for small-scale renewable electricity generators to apply for accreditation under the Feed-In-Tariff scheme (FIT scheme). Following closures of the FIT scheme, no new applications could be accredited with some limited exceptions such as microgeneration installations of up to 50kW, and community and school installations. The schemes which remain eligible needed to be pre-registered or pre-accredited to the FIT scheme and were required to apply for accreditation by a certain date (mostly by 31st March 2020). The coronavirus pandemic has made it impossible for those schemes to apply for accreditation within the required timeframe. Therefore these Regulations extend the date for application as detailed below.
Application for accreditation to the FIT scheme – community or school energy installations Where an application for pre-registration was received between 1st – 31st March 2019, the final date for application for accreditation is extended from 31st March 2020 to 30th September 2020.
Validity of pre-registration for community solar-photovoltaic schemes not exceeding 50kW
If the application for pre-registration was received between 1st – 30th March 2019, the validity of the pre-registration is extended from 31st March 2020 to 30th September 2020.
For wind, anaerobic digestion and hydroelectric installations, the validity of preliminary accreditation is extended by 6 months, or to 30th September 2020
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Jurisdiction: England
Commencement: 21st March 2020
Amends: Single Use Carrier Bags Charges (England) Order 2015
Single Use Carrier Bags Charges (England) Order 2015 brings into force the requirement of retailers with 250 or more employees to charge a minimum amount for unused single use (lightweight) plastic bags used for taking goods out of shops or for delivering them. The amount to be charged to customers for the use of a single use plastic bag is a minimum of 5p.
Single use carrier bags only intended for use to carry goods that have been purchased online for home delivery (e.g. bags used to hold groceries delivered to a household by a supermarket) do not need to be charged for between 21st March 2020 and 21st September 2020. After this date, large retailers will need to once again charge a minimum of 5 pence for single use carrier bags used for home delivery.
This 6 month exemption has been put in place as part of the response to the Coronavirus (COVID19) pandemic.
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