Business and Planning Act 2020

Sep 2020

Legal

Jurisdiction: UK

Commencement: 22 July 2020

Amends:

The Town and Country Planning Act 1990
The Planning (Listed Buildings and Conservation Areas) Act 1990
Planning (Hazardous Substances) Act 1990
Greater London Authority Act 1999
Road Traffic Act 1988

Summary

This Act has been brought into force to support economic recovery and growth following the disruption caused by COVID-19. It makes temporary and permanent changes to the licencing and planning regimes in the UK.

This entry gives a high-level overview of the changes made with a focus on environmental and health & safety matters. It does not place any direct compliance duties on organisations.

Duties

Pavement licences 

Part 1 of the Act deals with ‘pavement licences’ which can be applied for by businesses selling food and drink from the local authority for the placement of furniture, such as tables and chairs, on the pavement outside their premises. Alcohol licensing changes are made to allow relevant businesses to serve alcohol for consumption off the premises. 

 Test certificates and driving licences 

Part 2 of the Act amends the Road Traffic Act 1988 in relation to certificates of temporary exemption to goods vehicles and public service vehicles. A test certificate issued within the past year is usually required to drive a heavy vehicle. Certificates of temporary exemption have been issued to all heavy vehicles that were due to be tested from late March onwards following disruption to the testing regime caused by COVID-19.  

In order to avoid excessive test demand in the coming months, powers are expanded for the Driver and Vehicle Standards Agency (DVSA) to issue certificates of temporary exemption to safer vehicles to ensure capacity within the testing regime is maintained for higher risk vehicles. 

Under the Road Traffic Act 1988, drivers that are 45 years or older applying for a first licence or renewing a lorry or bus licence have to provide a medical report. Due to pressures on the NHS, doctors have been unable to meet the demand for completing these reports. A scheme to issue 1-year licences without a medical report was implemented on 5th May 2020 and this Act makes the legal changes required to the 1988 Act to make the scheme enforceable. 

Planning permissions 

Part 3 of this Act amends the Town and Country Planning Act 1990 (‘the 1990 Act’) to reduce planning restrictions on construction site working hours to temporarily allow extended working hours. This is in order to allow developments which have been delayed due to COVID-19 to proceed at an increased pace if required.

A new section is added into the 1990 Act to allow a modification to the restrictions of working hours to be applied for in writing electronically. This can be either to extend the permitted hours or to allow construction activity to take place on a day that it is not currently permitted. This extension can only be until 1st April 2021. If an authority does not give its decision within 14 days (beginning with the day after that on which the application is sent to the authority) then the condition is deemed to be modified as set out in the application and can be implemented.

In addition, the expiration of certain un–implemented planning permissions are automatically extended to enable planned developments to be commenced over the next year. The new section 93A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This again is due to delays experienced within the construction sector because of the COVID-19 pandemic.

Un–implemented planning permissions with time limits for implementation which passed between 23rd March 2020 and 19th August 2020 are also restored and the time limit extended to 1st May 2021, subject to ‘additional environmental approval’ being granted. An application for additional environmental approval must be made in writing and submitted electronically to the local planning authority by a person with an interest in the relevant land.

In the application for additional environmental approval, details of the following have to be provided:

the planning permission to which the application relates;
the condition(s) which set out the time limit(s) for implementation;
any condition(s) or other agreements which relate to environmental mitigation or enhancement measures; and
whether the original permission was subject to an Environmental Impact Assessment (EIA) and/or a Habitats Regulation Assessment, or screening for either type of assessment.

Further information will be required if the original planning permission was subject to an EIA and/or a Habitats Regulation Assessment including the original assessment(s) or screening(s) and a summary of the key findings. Additional environmental approval can be applied for up until 31st December 2020.

Part 3 of this Act also amends the Planning (Listed Buildings and Conservation Areas) Act 1990. The expiration of certain un–implemented listed building consents are automatically extended to enable planned works to start over the next year. The new section 18A added into the Planning (Listed Buildings and Conservation Areas) Act 1990 modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021.

The powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic.

The requirements for the Mayor of London to make the current Spatial Development Strategy (SDS) available for physical inspection and to provide hard copies on request are temporarily removed through an amendment to the Greater London Authority Act 1999.

Amendments

The Town and Country Planning Act 1990

Part 3 of this Act amends the Town and Country Planning Act 1990 (‘the 19901 Act’) to reduce planning restrictions on construction site working hours to temporarily allow extended working hours. This is in order to allow developments which have been delayed due to COVID-19 to proceed at an increased pace if required.

In the application for additional environmental approval, details of the following have to be provided:

the planning permission to which the application relates;
the condition(s) which set out the time limit(s) for implementation;
any condition(s) or other agreements which relate to environmental mitigation or enhancement measures; and
whether the original permission was subject to an Environmental Impact Assessment (EIA) and / or a Habitats Regulation Assessment (HRA), or screening for either type of assessment.

Further information will be required if the original planning permission was subject to an EIA and / or a HRA, including the original assessment(s) or screening(s) and a summary of the key findings. Additional environmental approval can be applied for up until 31st December 2020.

Another change made is the powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic.

The Planning (Listed Buildings and Conservation Areas) Act 1990

Part 3 of this Act amends the Planning (Listed Buildings and Conservation Areas) Act 1990 (‘the 1990 Act’). The expiration of certain unimplemented listed building consents are automatically extended to enable planned works to start over the next year. The new section 18A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This is due to delays experienced within the construction sector because of the COVID-19 pandemic.

Planning (Hazardous Substances) Act 1990

Part 3 of this Act amends the Planning (Hazardous Substances) Act 1990 to change the powers for local planning authorities in England to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic. There are no changes to any duties for organisations.

Greater London Authority Act 1999

The requirements for the Mayor of London to make the current Spatial Development Strategy (SDS) available for physical inspection and to provide hard copies on request are temporarily removed due to the current COVID-19 pandemic. There are no changes to any duties for organisations.

Road Traffic Act 1988: 

Part 2 of this Act amends the Road Traffic Act 1988 in relation to certificates of temporary exemption to goods vehicles and public service vehicles. A test certificate issued within the past year is usually required to drive a heavy vehicle. Certificates of temporary exemption have been issued to all heavy vehicles that were due to be tested from late March onwards following disruption to the testing regime caused by COVID-19.  

Link to full government text

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