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The Planning and Development Regulations 2001 regulations were created under the Planning and Development Act 2000. The regulations deal with practical matters such as requirements for site notices, fees for applications and time limits. The regulations also cover Environmental Impact Assessments (EIA) contents and exemptions.

Under the Planning and Development Regulations 2002, the scales of location maps are modified to be used in areas other than built-up areas.

Duties
Any person making a planning application should be aware of the Regulations as a failure to comply will result in a planning application being rejected. Planning permission involves applying to the relevant planning authority and ensuring that any development that is carried out complies with the terms granted in the planning permission. Any planning application should also comply with the technical requirements regarding site notices and advertisement.

A development that consists of a change of use* (and any related works) to residential use from Class 1, 2, 3, 6 or newly added Class 12 under Part 4 to Schedule 2 of the 2001 Regulations, is exempt from the requirement to obtain planning permission until 31st December 2025.

*Change of use refers to a change of use of a premises (e.g. office to residential use), which may need planning permission from the Local Planning Authority.

This amendment has no direct relevance to environmental matters.

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The Planning and Development Act 2000 is designed to serve as a planning code and therefore, in order for any development to be valid it should be undertaken in compliance with the requirements of this legislation, as well as any other legislation such as the Environmental Protection Agency Act 1992.

The Planning and Development Act 2000 revised the entire amount of planning law into a single piece of legislation, covering all forms of planning and development. The scope of the Act is wide and sets out a detailed section-by-section analysis of the provisions of the Act, including development plans, local area plans, regional planning guidelines, architectural heritage, housing supply, appeal procedures and environmental impact assessment. Under the Act each Local Authority has a responsibility to determine policy in its area through a Development Plan and for applying the policy through planning control, planning applications and enforcing planning decisions.

The amendments of 2002 include changes to Part V of the 2000 Act (Housing Supply) and other miscellaneous amendments.

Amendment

The following definitions in the Planning and Development Act 2000 are amended.

Large-scale residential development (LRD) means:

the development of 100 or more houses; and
the development of student accommodation consisting of 200 or more bed spaces.

LRD floor space means the internal measurement of the floor space of a building or part of a building, excluding any floor space provided for:

parking; and
ancillary residential services such as gyms and child-care facilities.

Applying for planning permission
A person who intends to apply for planning permission for LRD must hold an LRD opinion or written confirmation in accordance with Section 247(7).

Restrictions surrounding an LRD opinion can be found here.

Section 126A and Section 126B set out the duties of a planning authority in relation to LRD appeals.

Section 4(1) of the Planning and Development (Housing) and Residential Tenancies Act 2016 is repealed.

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The Planning and Development Regulations 2001 were created under the Planning and Development Act 2000. The regulations deal with practical matters such as requirements for site notices, fees for applications and time limits. The regulations also cover Environmental Impact Assessments (EIA) contents and exemptions.

Under the Planning and Development Regulations 2002, the scales of location maps are modified to be used in areas other than built-up areas.

Any person making a planning application should be aware of the Regulations as a failure to comply will result in a planning application being rejected. Planning permission involves applying to the relevant planning authority and ensuring that any development that is carried out complies with the terms granted in the planning permission. Any planning application should also comply with the technical requirements regarding site notices and advertisement.

The Planning and Development Regulations 2001 are revised to facilitate the changes listed below.

A person applying for an Environmental Impact Assessment (EIA) certificate, should declare in their application whether they have been granted:
- an EIA certificate for the land on which the development is intended to be carried out, or the land in its immediate vicinity, within the past 5 years, which is valid at the time of making the application; and
- permission to carry out a development of 9 or fewer houses within the past 5 years on the land in relation to which an EIA certificate is being sought, or the land in its immediate vicinity.
- Part V (Housing Supply) of the Planning and Development Act 2000 requirement, which states that local authorities can obtain a certain percentage of land zoned for housing development at existing use value rather than at development value, applies regardless of whether the development is on zoned or unzoned land.
The Integrated Pollution Prevention and Control (IPPC) licence is replaced with the Industrial Emissions (IED) licence and the Integrated Pollution Control (IPC) licence.

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The Climate Action and Low Carbon Development Act 2015 provides details on approval plans made by the Government in relation to climate change for the purpose of pursuing the transition to a low carbon, climate resilient and environmentally sustainable economy. This Act establishes a body to be known as the Climate Change Advisory Council.

This Act will not affect existing or future obligations of the State under the law of the European Union (including Directive 2001/42/EC, Council Directive 92/43/EEC, Directive 2003/87/EC and Decision No. 406/2009/EC), existing or future obligations of the State under any international agreement, any Act or instrument that gives effect to any such obligation or existing or future entitlements of the State or any person under the said law, agreement, Act or instrument.

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Amends: The Town and Country Planning (General Permitted Development) Order 1995
Mini Summary

*Permitted developments include development consisting of the erection, extension, alteration or replacement of storage sheds and greenhouses on community growing spaces.
Class A
Class A allows temporary use of land for 28 days. 14 days of these may be used for a market, or motor car and motorcycle racing between 30th April 2021 and 3rd January 2022. Removable structures are also allowed during this time.

Development is not allowed on land where there is a scheduled monument or on the land of a listed building located within a Site of Special Scientific Interest (SSSI) or National Park.
Class B
Class B allows the use of land for holding a market by or on behalf of a local authority between 30th April 2021 and 3rd January 2022.
Class C, D and E
Class C, D and E allow a temporary change of use for town centre buildings. The change of use is limited to 6 months and must cease on or before 29th April 2022. Developers are required to notify the local planning authority of the developments as soon as is reasonably practicable.

Class D also allows for the installation of a retractable awning over the front of food and drink premises. The awning cannot display an advertisement and must be retracted between 10pm and 8am. If an awning extends over a highway, permission must be obtained by the local authority.
Class F
Class F allows the change of use of part of a highway adjacent to food and drink premises for the purposes of placing removable chairs, tables and other removable furniture for the purposes of selling, serving or consumption of food and drink supplied from that premises. Permission must be obtained from the local council and furniture must not be used between 10pm and 8am. [May 2021]

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Amends: The Energy Performance of Buildings (England and Wales) Regulations 2012
Mini Summary

The Energy Performance of Buildings (England and Wales) Regulations 2012 lay down the requirements for Energy Performance Certificates (EPCs) when buildings are constructed, sold or rented out; for Display Energy Certificates (DECs) to be displayed in large public buildings; and for the regular inspection of certain air-conditioning systems.

Amendment
The fees set for entering documents, including Energy Performance Certificates (EPCs), Display Energy Certificates (DECs), and Air Conditioning Inspection Reports, onto the relevant public register are revised.

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Amends: The Planning Act 2008
Mini Summary
The Planning Act 2008 intends to speed up the process for approving major new infrastructure projects such as airports, roads, harbours, energy facilities such as nuclear power and waste facilities. Parts 1 to 8 of the Act creates a new system of development consent for nationally significant infrastructure projects. The new system covers certain types of energy, transport, water, waste water and waste projects. The number of applications and permits required for such projects is being reduced, compared with the position under current legislation.
Amendment
The 2008 Act sets out criteria for when infrastructure projects need to seek planning consent from the Secretary of State under the Nationally Significant Infrastructure Projects (NSIP) regime, as opposed to consent from the Local Planning Authority.

To support the move to net zero emissions by 2050, these Regulations remove electricity storage facilities*, except for pumped hydroelectric storage facilities, from the requirement to obtain planning consent in accordance with the NSIP regime under the 2008 Act. Instead, planning consent for these types of development is to be obtained from the relevant Local Planning Authority under the Town and Country Planning Act 1990. This will make it a simpler process for larger scale storage facilities to get planning permission.

*An ‘electricity storage facility’ is a type of energy storage power station that uses batteries to store generated electrical energy.

The NSIP regime is partly in place for projects where the benefits of infrastructure are national whilst the impacts are more local in nature. The exemption from the NSIP regime does not apply to pumped hydroelectric storage facilities due to the larger planning impacts of this technology.

Provisions are put in place by Article 5 for existing submitted and accepted applications to develop generating stations which contain an exempt electricity storage facility before this Order comes into force on 2nd December 2020. For these applications, the process continues as set out in the 2008 Act.

Article 6 puts provisions in place for development consent orders given for generating stations which contain an exempt electricity storage facility. The requirements of these development consent orders continue to apply and follow the process set out in the 2008 Act.

Provisions relating to applications to develop generating stations which contain an electricity storage facility that have been refused by the Secretary of State before this Order comes into force are set out in Article 7. The ability to challenge this refusal as set out in the 2008 Act continues to apply.

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Amends: The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015
Mini Summary
The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015 detail the payment of fees to local planning authorities in relation to applications for planning permission, application for a certificate of lawful use or development, applications for consent for the display of advertisements and certain other applications.
Amendment
These Regulations increase fees for the following by approximately 20%:

New fees are introduced for applications for certificates of appropriate alternative development.
Fees relating to applications for certificates of lawful use of development
The fee for applications for certificates of lawful use or development has increased from £190 to £230.

Where the use specified in an application is 50 or fewer dwellinghouses, the fee has increased from £380 to £460 for each dwellinghouse.

Where the use specified in an application is more than 50 dwellinghouses, the fee has increased from £19,000 to £23,000 plus an additional £120 for each dwellinghouse in excess of 50, subject to a maximum total of £300,000.
Fees relating to certain applications under the General Permitted Development Order
The fee for an application under Part 6 (Agricultural Building and Operations), Part 7 (Forestry Building Operations) or Part 31 (Demolitions of Buildings) of The Town and Country Planning (General Permitted Development) Order 1995 (“the 1995 Order”) have been increased from £80 to £100.

The fee for an application under Part 24 (Development by Telecommunications Code System Operators) of the 1995 order has been increased from £380 to £460.
Fees relating to the monitoring of mining and landfill sites
The fee for a site visit where the whole or part of the location is an active site has increased from £330 to £400.

Fees relating to the applications for non-material changes to planning permission
The fee for an application for non-material changes to planning permission under section 96A(4) of the Town and Country Planning Act 1990 has increased:

Fees relating to post submission amendments to major development applications
The fee for an amendment to a valid application for a major development that has been submitted to a local planning authority has increased from £190 to £230.
Fees relating to planning applications and deemed applications in particular cases
The various fees for planning applications and deemed applications in specific cases (found in Part 1 of Schedule 1) have been also been increased by approximately 20%.
The addition of fees relating to applications for certificates of appropriate alternative development
A fee of £230 is introduced for applications made for a certificate of appropriate alternative development under section 17 of the Land Compensation Act 1961. The fee is reduced to £115 if made by or on behalf of a community council.

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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. 

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:

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 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:

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.

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.
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.  

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Amends: The Town and Country Planning (General Permitted Development) (England) Order 2015

Mini Summary

Amendment

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.

*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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Mini Summary

Amendment

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