Jurisdiction: Republic of Ireland

Commencement: 31st March 2020

Amends: Planning and Development Act 2000
Mini Summary

 
Amendment
In order to relieve regulatory restrictions that could hinder the response to the Coronavirus (COVID-19) pandemic, the requirements of the Planning and Development Act 2000 will not apply to the following classes of development where they are carried out by or on behalf of a State authority:

• Acute and other health and social care accommodation.
• Self-isolation or other COVID-19 related short stay accommodation.
• COVID-19 and other step down accommodation (i.e. accommodation used for people discharged from hospital that still require care).
• Medical testing centre or laboratory.
• Emergency management coordination facilities.
• Mortuary facilities.
• Ancillary and other accommodation, including storage facilities.
• Ancillary infrastructure and other works to support the above development.

These classes of development mean that buildings in those classes can have a change of use, be repurposed, and new temporary new-build accommodation can be constructed to respond to the COVID-19 situation.

This will apply between 31st March 2020 and until 9th November 2020, unless otherwise amended.

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Jurisdiction: Republic of Ireland

Commencement: 27th March 2020

Amends: Planning and Development Regulations 2001
Mini Summary
The Planning and Development Regulations 2001 deal with practical matters such as requirements for site notices, fees for applications and time limits in relation to the Planning and Development Act 2000. The Regulations also cover Environmental Impact Assessment contents and exemptions.
Amendment
A development consisting of a change of use for the sale of food for consumption on the premises to the sale of food for consumption off the premises, is added to the list of developments that are exempt from needing to comply with the Planning and Development Regulations 2001. This only applies between the 31st March 2020 and 9th November 2020, unless otherwise amended. It has been brought in as a response to the Coronavirus (COVID-19) pandemic, to allow restaurants, cafes, etc. that have had to close to be able to offer a take-away service where they did not previously.

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Jurisdiction: Republic of Ireland

Commencement: 27th March 2020

Amends: Planning and Development Act 2000
Mini Summary

 
Amendment
As a response to the Coronavirus (COVID-19) pandemic, any time limits in the following Acts, such as a “specified period” or “appropriate period”, should not include any time between 13th March 2020 and the date specified by the Government in a subsequent Order:

• Sections 4(4), 6 and 17(6) of the Building Control Act 1990.
• The Derelict Sites Act 1990.
• The Planning and Development Act 2000.
• Part 2 of the Urban Regeneration and Housing Act 2015.
• Chapter 1 of Part 2 of the Planning and Development (Housing) and Residential Tenancies Act 2016.

This will avoid any statutory deadlines being breached regarding planning and building development.

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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

 
Amendments
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 requirement for a public event;
• the requirement to give details of the event in a newspaper notice; and
• the requirement to publish notice in a newspaper at least 7 days in advance of the public event.

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:

• a full description of the development;
• the postal address of the site (if one is available);
• a plan showing the outline of the site where the development is to be carried out; and
• contact details for the prospective applicant.

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
Mini Summary
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.
Amendment
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:

• change of use of an existing building to use classes C2 or D1 (see below); or
• provision of buildings, structures, plant and machinery on land.

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
Mini Summary
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.
Amendment
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:

• preventing an emergency;
• reducing, controlling or mitigating the effects of an emergency; or
• taking other action in connection with an emergency.

*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: England

Commencement: 9th April 2020

Amends: The Town and Country Planning (General Permitted Development) (England) Order 2015
Mini Summary
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.’
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.

The development that is permitted has to be for:

• preventing an emergency;
• reducing, controlling or mitigating the effects of an emergency; or
• taking other action in connection with an emergency.

*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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