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Jurisdiction: Republic of Ireland
Commencement: 13th March 2020
Amends: Building Control Regulations 1997 to 2018
The Building Control Regulations 1997 to 2018 apply to new buildings, extensions, material alterations and changes of use of buildings. They detail, in relation to buildings, the health, safety and welfare of people, conservation of fuel and energy, and access for people with disabilities.
In order to relieve regulatory restrictions that could hinder the response to the Coronavirus (COVID-19) pandemic, the requirements of Parts II, III, IIIA (other than Article 20C), IIIB, IIIC and Article 43 (i.e. the majority) of the Building Control Regulations 1997 will not apply to the following where they are carried out by or on behalf of a State authority:
The classes of buildings given in Schedule 1 are:
Where any of these works are carried out, the State authority must serve a notice to the building control authority in the area where the works are being carried out. The notice is a “works (COVID-19 crisis) notice” and should be on the form given in Schedule 2. The declaration form in Schedule 3 should accompany the notice.
A building authority in receipt of such a notice and declaration should notify the relevant State authority that the forms are complete and contain all information required, or they may request further information from the State authority.
The requirement to obtain a regularisation certificate for new or extended buildings which don’t have a fire safety certificate, in Article 20C of the Building Control Regulations 1997, does not apply to the types of work carried out above if the building is demolished within 12 months of the end of the period which these additional measures are in place for. This is currently the 9th November 2020 but the date may be amended via the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020).
The measures described in these Regulations will apply between 13th March 2020 and until 9th November 2020, unless otherwise amended.
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Jurisdiction: Republic of Ireland
Commencement: 13th March 2020
Amends: Building Regulations 1997 (SI 497/1997) as amended
The Building Regulations 1997 (SI 497/1997) set out the requirements to be observed in the design and construction of new buildings and the extension, refurbishment and change of use of certain buildings.
In order to relieve regulatory restrictions that could hinder the response to the Coronavirus (COVID-19) pandemic, changes are made to the requirements regarding construction and alteration of buildings used in response to the situation.
Part L of Schedule 2 of the Building Regulations 1997 which requires buildings to be designed and constructed in a way to conserve fuel and energy as far as is practicable does not apply to the following where they are carried out by or on behalf of a State authority:
The classes of buildings this applies to are:
This applies between 13th March 2020 and until 9th November 2020, unless otherwise amended.
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Jurisdiction: Northern Ireland
Commencement: 1st April 2020
Amends: Single Use Carrier Bags Charge Regulations (Northern Ireland) 2013
The Single Use Carrier Bags Charge Regulations (Northern Ireland) 2013 introduce a 5 pence charge to be applied to all single use carrier bags (supplied new) in Northern Ireland. 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 carry goods supplied by a seller for home delivery, as part of a grocery service, do not need to be charged for between 1st April to 30th September 2020. After this date, large retailers will need to once again charge 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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Jurisdiction: Wales
Commencement: 8th April 2020
Amends: Single Use Carrier Bags Charge (Wales) Regulations 2010
The Single Use Carrier Bags Charge (Wales) Regulations 2010 introduce a minimum charge of 5 pence for every single use carrier bag supplied new. The charge applies to sales in-store and distance selling.
Single use carrier bags only intended for use to carry goods that have been purchased for delivery as part of a grocery service (e.g. bags used to hold groceries delivered to a household by a supermarket) or for collection of groceries (e.g. click and collect) do not need to be charged for between 8th April 2020 and 8th July 2020. After this date, retailers will need to once again charge a minimum of 5 pence for all single use carrier bags.
This temporary exemption has been put in place as part of the response to the Coronavirus (COVID19) pandemic.
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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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