22 July 2020

This legislation contains a number of measures however, those related to planning include the following:
(a) Extensions to certain planning permissions
(b) Modifications to conditions relating to construction working hours
(c) Procedures for certain planning proceedings
(d) Electronic inspection of the Mayor of London’s spatial development strategy

• The Business and Planning Act 2020 temporarily modifies the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990 to enable certain planning permissions and listed building consents in England which have lapsed or are due to lapse during 2020 to be extended.
  
  
• This is in recognition of the effect coronavirus has had on the planning system and the construction sector and in particular the delays it has caused to the commencement of new development. This extension will allow the commencement of the planning permissions and listed building consents without the need for a new application.
  
  
• Under section 93A of the Town and Country Planning Act 1990, unimplemented planning permissions with time limits for implementation which were due to lapse between 19 August 2020 (when the provisions came into force) and 31 December 2020 are extended to 1 May 2021. This happens automatically, with no requirement to obtain Additional Environmental Approval.
  
  
• In addition, unimplemented planning permissions with time limits for implementation which passed between 23 March 2020 and 19 August 2020 are also restored and the time limit extended to 1 May 2021, subject to Additional Environmental Approval being granted.
  
  
• Time limits for implementation relating to outline planning permissions are subject to extension in the same way as other planning permissions:
  (a) time limits for implementation passed between 19 August 2020 and 31 December 2020 are automatically extended to 1 May 2021
  (b) time limits for implementation passed between 23 March 2020 and 19 August 2020 are extended to 1 May 2021 if Additional Environmental Approval is granted in respect of the relevant planning permission.
  
  
• In addition, any deadline for the submission of applications for the approval of reserved matters under an outline planning permission which would otherwise expire between 23 March 2020 and 31 December 2020 is extended to 1 May 2021.
  
  
• All listed building consents with a time limit for implementation between 23 March 2020 and 31 December 2020 will be extended to 1 May 2021. Listed building consents will not be subject to a requirement to obtain Additional Environmental Approval.
  
  
• Should an applicant want written confirmation of the extension to the commencement date, they should contact the relevant local planning authority to which the permission relates.
  
  
• Local planning authorities should work constructively with the applicant to provide written confirmation of the extension to the commencement date and aim to provide a response as quickly as possible so that applicants have the certainty to carry out development lawfully.
  
  
• In cases of doubt, an applicant may apply for a certificate of lawfulness of proposed development under section 192 of the Town and Country Planning Act 1990.
  
  
• A planning permission with a time limit for implementation between 23 March 2020 and 19 August 2020 will only benefit from the statutory extension to 1 May 2021 where Additional Environmental Approval is granted by the local planning authority (or deemed to be granted).
  
  
• There is no fee payable for an application for Additional Environmental Approval.
  
  
• Applications for Additional Environmental Approval must be made in writing and submitted electronically to the relevant local planning authority.
  
  
• The application must specify the date which it has been sent and provide sufficient information to allow the local planning authority:
  (a) to identify the relevant planning permission and condition in respect of which it is made; and
  (b) to determine whether Additional Environmental Approval should be granted.
  
  
• Applicants should provide details of:
  (a) The planning permission to which the application relates
  (b) The condition(s) which set out the time limit(s) for implementation
  (c) Any condition(s) or other agreements which relate to environmental mitigation or enhancement measures
  (d) Whether the original permission was subject to an Environmental Impact Assessment and/or a Habitats Regulation Assessment, or screening for either type of assessment
  
  
• If the original planning permission was subject to one or both of these assessments, or screening for either, applicants should also provide details of:
  (a) The original assessment(s) or screening(s) and a summary of the key findings
  (b) Information on any mitigation measures secured to address environmental effects, and the progress toward delivering these measures
  (c) An environmental report containing a reasoned explanation of why in the applicant’s view there have been no changes to environmental circumstances which would make the original screening or assessment out of date. For example, it may be appropriate to include:
       (i) an analysis of any further committed development proposals which may affect the assessment of cumulative effects, and why in the applicant’s view this does not make the original assessment out of date
       (ii) a description of any changes to the factual circumstances of the proposed development, such as a new environmental designation, new environmental information or other changes of circumstance, and an analysis of why in the applicant’s view this does not make the original            assessment out of date
  (d) Any other relevant information which would in the applicant’s view support the case that the previous screenings or assessments remain up to date.
• If the original planning permission was granted without the need for an Environmental Impact Assessment or a Habitats Regulations Assessment, applicants should provide a brief explanation of why they consider it remains the case that neither of these assessments would be needed if an application for planning permission was being made now.
  
  
• If the original planning permission was granted without the need for screening for an Environmental Impact Assessment or a Habitats Regulations Assessment, but an applicant thinks that screening might be needed if an application for planning permission was being made now and that the screening would show that no substantive assessment was required, then it should provide sufficient information to enable the authority to undertake screening within the 28-day period.
  
  
• Applications should be determined by the local planning authority within 28 days from the sending of the application.
  
  
• Applicants and local planning authorities can agree an extension to the 28-day period, but the total of the extension should not exceed 21 days in order to ensure that decisions are made as quickly as possible. Any such agreement must be in writing.
  
  
• If the application is not determined within the 28-day timescale (or, where the applicant and local authority have agreed in writing to an extension of not more than 21 days, the timescale as extended), the Additional Environmental Approval is deemed to be granted. If an application cannot properly be considered within the extended timescale, the authority should refuse the application so that there is not a deemed grant of approval.
  
  
• If it is clear that there has been a change in the environmental circumstances of the development which would make the previous Environmental Impact Assessment or Habitats Regulation Assessment out of date, the Additional Environmental Approval should be refused, meaning that the planning permission would not be extended. In these circumstances, there is no point in applying for Additional Environmental Approval and the applicant would need to submit a new planning application if they wished to commence the development.
  
  
• It should not be necessary for applicants to carry out any additional on-site surveys. The majority of information for determining whether the original Environmental Impact Assessment or Habitats Regulation Assessment is still up to date can be obtained by reviewing existing surveys and evidence. In some circumstances, it may be that a new desktop survey will assist in demonstrating that the previous Environmental Impact Assessment or Habitats Regulation Assessment remains up to date.
  
  
• If it is felt necessary to submit further substantive environmental information, this is an indication that the previous assessments may not remain up to date. In these circumstances it would be more appropriate to submit a new planning application rather than seek an Additional Environmental Approval.
  
  
• Conditions may not be attached to the grant of Additional Environmental Approval. The grant of Additional Environmental Approval does not amount to a planning permission. It leads to a statutory amendment of the condition governing time for commencement on the previous planning permission. If new conditions are required in order to make the development acceptable, then Additional Environmental Approval should be refused. In these circumstances, a new planning application would be required.
  
  
• Where a local planning authority refuses Additional Environmental Approval, the applicant has the right of appeal to the Secretary of State under section 78 Town and Country Planning Act 1990. There is no right of appeal against non-determination as, in the event of non-determination, Additional Environmental Approval is deemed to be granted.

• The legislation introduces a new temporary fast track deemed consent route under section 74B of the Town and Country Planning Act 1990 to enable urgent changes to construction working hours to support safe construction working in line with the government’s latest social distancing guidance on construction and other outdoor work. This may include staggered starts and finishes, requiring different hours of operation to those which are currently permitted for the site previously imposed through planning conditions.
  
  
• The fast track deemed consent route allows developers to apply to local planning authorities to vary existing conditions, or the details submitted under a condition (for example through a construction management plan), that limit construction site working hours. Local authorities will have 14 calendar days to consider such applications.
  
  
• If an application is approved, this will temporarily amend planning restrictions on construction working hours until 1 April 2021, unless either another earlier date has been requested by the applicant or is decided upon by the local planning authority, with the agreement of the applicant. Where the planning authority is considering a different end date to that in the application, the developer and planning authority should respond promptly to one another to reach an agreement prior to the 14 day determination deadline.
  
  
• If the local planning authority does not determine the application within 14 days (excluding public holidays), the revised working hours are deemed to have been consented to and construction can take place in accordance with these new hours.
  
  
• Applicants will need to provide the following details with any application to amend working hours:
  (a) the planning permission to which the application relates
  (b) the existing agreed construction working hours
  (c) details to identify the condition or approved document such as construction management plan which details the working hours
  (d) the proposed revised construction working hours
  (e) the date the revised construction working hours should take effect
  (f) the date on which the application is sent
  (g) the date on which the revised construction working hours should cease to have effect (no later than 1st April 2021)
  (h) a short justification on why extended hours are necessary to enable safe working practices on site
  (i) a list of the primary construction activities, expected to take place during the extended working hours, including plant and equipment to be used
  (j) a proportionate assessment (where relevant) of the likely impact of noise upon sensitive uses near to the site (e.g. dwellings, hospitals and, care homes)
  (k) details of their mitigation plan as set out below.
  
  
• The mitigation plan should be proportionate to the nature of the site and the number of people potentially adversely affected. The plans may include limiting noisy works to within usual working hours or agreeing to undertake quieter activities in the morning and evening or agreeing alternative parking provisions. They may also include limiting noisy works to part of the site further from the most sensitive neighbouring properties. There may also be a need to consider additional noise barriers or local screening of noisy items of plant given the potential greater sensitivity of receptors during evenings. In densely populated areas, where proposals for extended hours may have an impact on residential and other noise sensitive uses, such plans may be important for local planning authorities, who may want to be satisfied that there will not be significant adverse impacts on communities.
  
  
• Other environmental controls over matters such as light, air quality or dust will continue to apply.
  
  
• Local planning authorities need to give careful consideration to development which affects a habitats site or is EIA development.
• For EIA development or development which was subject to EIA screening, local planning authorities should pay particularly attention to whether applications would lead to developments having significant environmental impacts which have not been assessed or to developments which had been now wrongly screened out of needing an environmental statement.
  
  
• For development affecting a habitats site, local planning authorities should pay particular attention to whether applications would lead to developments having significant environmental impacts which have not been assessed or to developments which had been now wrongly screened out of needing further assessment.
  
  
• The new application route applies where planning permission has been granted for the development of land, subject to a condition restricting site working hours, or a condition requiring the submission of a construction management plan (which limits working hours).
  
  
• It does not apply to mining operations or householder development. This means applications cannot be made under this route to extend working hours for proposals to alter or enlarge a single house (including works within the curtilage (boundary/garden).
  
  
• There is no application fee associated with this deemed consent route to amend construction working hours.
  
  
• There will be a right for applicants to appeal a refusal under new section 78(1)(ab) of the TCPA 1990. If local planning authorities have agreed alternative hours, days, or dates in writing with the applicant there is no right of appeal.

This section of the legislation relates to the appeal process. Planning appeals can be dealt with by way of written representations or an informal hearing or a public inquiry. The legislation introduces a change which allows “hybrid” appeals to take place, which, for example could include a combination of written representations and verbal submissions by way of hearing.

• Section 21 of the Business and Planning Act temporarily removes the requirements on the Mayor of London (in section 43 Greater London Authority Act 1999) to make the current spatial development strategy (“the Strategy”) available for physical inspection and to provide a hard copy on request. This is provided the current version of the Strategy is available for inspection free of charge by appropriate electronic means.
  
  
• The Strategy must be available for electronic inspection in a reasonably convenient way. This is likely to be on its public website.

• The Business and Planning Act has introduced a new application process which introduces a streamlined and cheaper route for businesses such as cafes, restaurants and bars to secure a licence to place furniture on the highway. This will support them to operate safely while social distancing measures remain in place. This will provide much needed income over the summer months and protect as many hospitality jobs as possible.
  
  
• A business which uses (or proposes to use) premises for the sale of food or drink for consumption (on or off the premises) can apply for a licence. Businesses that are eligible include: public houses, cafes, bars, restaurants, snack bars, coffee shops, and ice cream parlours including where such uses form an ancillary aspect of another use, for example supermarkets, or entertainment venues which sell food and drink.
  
  
• A licence permits the business to use furniture placed on the highway to sell or serve food or drink and/or allow it to be used by people for consumption of food or drink supplied from, or in connection with the use of the premises.
  
  
• The furniture which may be used is:
  (a) counters or stalls for selling or serving food or drink;
  (b) tables, counters or shelves on which food or drink can be placed;
  (c) chairs, benches or other forms of seating; and
  (d) umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink.
  
  
• This furniture is required to be removable. Local authorities should be pragmatic when determining what is ‘removable’ but in principle this means it is not a permanent fixed structure, and is able to be moved easily, and stored away of an evening.
  
  
• Planning permission is not required for placing furniture on the highway. Once a licence is granted, or deemed to be granted, the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while the licence is valid.
  
  
• The local authority can specify the duration of the licence, subject to a minimum duration of 3 months. The expectation is that local authorities will grant licences for 12 months or more unless there are good reasons for granting a licence for a shorter period such as plans for future changes in use of road space.
  
  
• A licence granted or deemed to be granted will not be valid beyond 30 September 2021.

• This instrument amends the Community Infrastructure Levy Regulations 2010, (“the 2010 Regulations”) by inserting new regulations 72A, 72B and 72C. The 2010 Regulations are concerned with the operation of the Community Infrastructure Levy (“CIL”); a levy which local authorities can impose on the new development of land.
  
  
• New regulations 72A, 72B and 72C make provision to enable a CIL collecting authority (in certain circumstances and if it is considered appropriate), to defer CIL payments, to credit late payment interest accrued, and to disapply, for a limited time, late payment interest and surcharges for late payment. These provisions are a time limited response to the economic impact of coronavirus and will only apply in respect of small/medium sized developers.
  
  
• The purpose of this statutory instrument is to give CIL collecting authorities a time limited discretion to defer certain CIL payments for developers with an annual turnover of £45 million or less, in specified circumstances. The instrument defines the period during which the CIL payment must be payable (i.e. the “material period”) in order to be eligible for a deferral request.
  
  
• A person/developer who (i) is experiencing financial difficulties for reasons connected to the effects of coronavirus, and is having difficulty making a CIL payment and, (ii) fits the criteria set out in new regulation 72A(1), may request that the CIL collecting authority defer that payment by no more than six months from the day the request is received.
  
  
• The number of deferrals made in respect of a CIL payment (which is payable within the material period) is not limited – for example, a local authority could choose to defer a payment for 3 months, and the developer could make a second deferral request for that deferred payment, if it fell due in the material period. But a local authority may only grant a deferral request if it considers it appropriate to do so.
  
  
• The instrument also disapplies late payment surcharges and late payment interest whilst a deferral request is being considered, and it enables collecting authorities to credit interest accrued on late payments where they consider it appropriate. Persons who make a request for a deferred CIL payment or interest credit must supply the collecting authority with any information that it may require in order to carry out its functions and decide such a request.
  
  
• In regards to CIL charged by the Mayor, a request to defer a CIL payment and to credit interest may only be considered by the collecting authority if the Mayor is of the view that it is appropriate as a matter of policy (i) for Mayoral CIL to be deferred and (ii) for interest accrued on outstanding Mayoral CIL payments to be subject to an “interest request”.
  
  
• The measures to grant a deferral request or an interest credit are discretionary and enable the collecting authority to consider each case on its merits. It will help developers that are struggling with cash-flow and make it more likely that payments will be made, albeit over a longer period, rather than being lost altogether because a developer could not survive financially.

12 August 2020

• This instrument amends the Town and Country Planning (London Spatial Development Strategy) Regulations 2000 (S.I. 2000/1491) (“the 2000 Regulations”) and the Combined Authorities (Spatial Development Strategy) Regulations 2018 (S.I. 2018/827) (“the 2018 Regulations”) in order to remove, on a temporary basis, the requirements on the Mayor of London and the Greater Manchester, the Liverpool City Region and the West of England combined authorities with spatial development strategy making powers to make certain documents available for physical inspection and to provide hard copies on request.
  
  
• The temporary modifications are needed as a result of the effects of the coronavirus pandemic given that many council offices are still closed or have limited visiting hours and will only apply until 31 December 2020. The documents will, instead, need to be made available on the relevant authority’s website.

• The Regulations amend, on a temporary basis, certain requirements placed on applicants (and the Secretary of State, where appropriate) to make certain documents available at places, including in the vicinity of a proposed project for inspection. The amendments provide that the relevant documents will be made available on a website. The amendments will apply until 31st December 2020.
  
  
• The instrument has been deemed necessary because of the restrictions on movement and accessibility that have resulted from the coronavirus pandemic.
  
  
• The instrument amends the following Regulations:
  (a) The Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 (SI 2009/2264)
  (b) The Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011 (SI 2011/2055)
  (c) The Infrastructure Planning (Compulsory Acquisition) Regulations 2010 (SI 2010/104)
  (d) The Infrastructure Planning (Environmental Impact Assessment) Regulations (SI 2017/572)
  
  
• The amendments apply in respect of:
  (a) proposed and accepted applications for a Development Consent Order (‘DCO’)
  (b) applications for non-material changes to a DCO
  (c) proposed and actual applications for a material change to, or revocation of a DCO and amendments proposed to DCOs in exceptional circumstances and
  (d) procedure for a DCO application where it is proposed to include in the DCO the compulsory purchase of additional land which was not identified and included in the book of reference at the time of the DCO application and which has not been consented to by all persons with an interest in the proposed additional land.
  (e) The amendments also apply to:
       (i) accepted applications for a DCO where a screening opinion did not take account of all relevant information or an environmental statement is inadequate, and
       (ii) a subsequent application for development that is made which requires an updated environmental statement or further information in addition to the updated environmental statement.

• This Order (“the Amendment Order”) amends the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (“the General Permitted Development Order”).
  
  
• It introduces a new permanent permitted development right to allow for the demolition of certain types of buildings and replacement build as residential to create new homes, while allowing for local consideration of key planning matters.
  
  
• Article 4 (2) of the Amendment Order amends Part 20 of Schedule 2 to the General
• Permitted Development Order by inserting a new Class ZA Demolition of buildings and construction of new dwellinghouses in their place.

• The right will apply to vacant and redundant free-standing buildings that fell within the B1(a) offices, B1 (b) research and development, B1 (c) industrial processes (light industrial), and free-standing purpose-built residential blocks of flats (C3) use classes on 12 March 2020.
  
  
• The right therefore does not apply to terraced buildings, detached dwellinghouses, or to mixed use buildings other than those above.
  
  
• To provide that the right applies to buildings that are vacant and redundant and are no longer suitable for modern use the right will apply to those built before 1 January 1990.
  
  
• The right does not require detailed consideration of the condition of the building in respect of redundancy. The buildings must have been entirely vacant for at least six full months prior to the date of the application for prior approval.
  
  
• The right provides for the necessary building works to demolish the existing (old) building and then to build a new residential building. This includes the demolition of the old building, removal of plant and services, the engineering operations for foundations, digging of a basement,
  construction of the building, and installation of services and plant etc. The right provides for the temporary erection of scaffolding for the period of the physical works.
  
  
• The right does not allow for separate demolition without subsequent construction of a new residential building, or for the separate construction of a new residential building on previously cleared land unless it was provided for under this right. The development, consisting of both demolition and replacement build, must be completed within three years of the date of the grant of prior approval.
  
  
• Limits are placed on the scale of development permitted. The right allows for redevelopment of a single new building within the footprint of buildings with a footprint of up to 1,000 square metres, and with a maximum height of 18 metres. The demolition or the replacement build of buildings with a footprint greater than 1,000 square metres is not permitted. The right does not apply to part of a building, nor does it allow for the demolition of more than one building within the curtilage and the incorporation of any additional footprint.
  
  
• More than one building may not be built within the footprint under the right. The dwellinghouses must remain in C3 use.
  
  
• The replacement new building may be re-designed and re-positioned within the footprint of the old, which may result in some of the external dimensions of the final building being different to, but no larger than, the original in any direction. The design of the new building may not come forward of the wall of the old building where it fronts a highway. The right does not allow for wider redevelopment within the curtilage, or for the incorporation of outbuildings within the footprint. Facilities for waste or storage etc should be accommodated within the new building. The building must provide for safe access and egress.
  
  
• To provide flexibility and make effective use of the airspace above existing buildings, the right provides for the new residential building to be up to 7 metres higher than the old to accommodate up to two additional storeys to provide additional homes, within a final overall maximum height of 18 metres. The floor to ceiling height measured internally of any additional storey cannot be more than 3 metres, or the floor to ceiling height of any existing storeys whichever is the lesser.
  
  
• A building with a high floor to ceiling height, such as a light industrial building, may provide for more than one residential storey within this original storey as long as the overall maximum height of the final building is no higher than 18 metres.
  
  
• The right allows for local consideration of specific planning matters through prior approval. These include:
  (a) the transport and highways impacts of the development
  (b) contamination and flooding risks
  (c) the impact of noise from other premises on the future residents
  (d) design and external appearance of the new building
  (e) the adequacy of natural light in all habitable rooms of each new dwellinghouse
  (f) the impact of the introduction of residential use into an area,
  (g) the impact of the development on the amenity of the new building and of neighbouring premises, including overlooking, privacy and light.
  
  
• As the right allows for demolition it will further provide for local consideration of the method of demolition, and the impacts of the development on heritage and archaeology. It will also allow for consideration of plans for landscaping including the planting and maintenance of shrubs and trees.
  
  
• In the case of buildings that are extended upwards consideration is also to be given to any impacts a taller building may have on air traffic and defence assets and on protected vistas in London.

• This permitted development right will not apply in/to:
  
  (a) national parks
  (b) conservation areas
  (c) The Broads
  (d) Areas of Outstanding Natural Beauty
  (e) World Heritage Sites
  (f) Listed buildings
  (g) Scheduled monuments
  (h) Land on which the building is sited is within the curtilage of a listed building or scheduled monument
  (i) Development that requires an Environmental Impact Assessment
  
  
• Where an aerodrome, technical site or defence asset is identified on a safeguarding map provided to the local planning authority, prior approval cannot be granted for development where an operator of a site, the Civil Aviation Authority or Secretary of State for Defence has responded to consultation on the application indicating that that the development should not proceed. (Paragraph B(8) of Part 20.)

Applications for prior approval must include:
(a) Site location plan
(b) Site plan showing the dimesnions of the old building and footprint size
(c) Site plan showing the proposed dimensions of the new building
(d) Detailed floor plans indicating the dimensions and proposed use of each room, the position and dimensions of windows, doors and walls
(e) Proposed elevations
(f) Construction management plan which must set out the method of demolition, proposed construction working hours, management of waste materials, and how the developer will manage any adverse impacts of noise, dust, vibration and traffic movements during the demolition and building works on neighbouring premises
(g) Heritage and archaeology statement which could include for example reference to the local Historic Environment Record, as well as plans to mitigate any impact on any heritage or archaeological assets.

The local planning authority will be required to notify any owners or occupiers adjoining the proposed development, as well as consulting with the Environment Agency, the highways authority, Historic England, the Mayor of London and London boroughs on protected views and the operator of a defence asset or aerodrome, the Civil Aviation Authority and Secretary of State for Defence if relevant. Where an aerodrome, technical site or defence asset is identified on a safeguarding map provided to the local planning authority, prior approval cannot be granted for development where an operator of a site, the Civil Aviation Authority or Secretary of State for Defence has responded to consultation on the application indicating that that the development should not proceed.

• The local planning authority is required to make a decision on an application for prior approval under the right within 8 weeks.
  
  
• The right does not provide a default deemed consent if the local planning authority fails to make a decision within this time, reflecting the significance of the matters under consideration including the potential impacts of the proposed development on the amenity of neighbours. If a decision has not been made within 8 weeks there is a right of appeal to the Secretary of State under section 78 of the Town and Country Planning Act 1990, to determine the application for prior approval. The development must not begin before the receipt in writing of the grant of prior approval.

• Article 3 of the Order introduces a permanent permitted development right in Part 1 of Schedule 2 of the GPDO to allow existing houses which are detached, semi-detached or in a terrace to be extended upwards to provide additional living space by constructing additional storeys. This could provide more space for growing families, or to accommodate elderly relatives, without having to move house.
  
  
• The right allows the construction of up to:
  (a) 2 additional storeys on the topmost storey of a detached, semi-detached or terraced house of 2 storeys or more,
  (b) 1 additional storey on a detached house, semi-detached or terraced house of 1 storey, above ground level.
• Existing accommodation in the roof space of the existing house, including a loft extension, is not considered as a storey for the purposes of this right. The right allows engineering operations necessary for the construction of the additional storeys.
  
  
• The right is subject to a maximum height limit for the newly extended house of 18 metres, and where the house is in a terrace its height cannot be more than 3.5 metres higher than the next tallest house in the terrace.
  
  
• To prevent overlooking a window cannot be installed in a wall or roof slope of a side elevation of an additional storey built under this right. As with existing permitted development rights to extend or alter houses the external appearance of the materials used in the construction of the additional storeys must be of similar appearance to that of the existing house.
  
  
• The right applies to houses built since 1 July 1948 (being those granted planning title under the current planning system) and before 28 October 2018.
  
  
• Homes extended using this right cannot be in use as a small house in multiple occupation, or change to that use. This means that an application for planning permission would be required for a home extended under the right to construct additional storeys to become a house in multiple occupation.
  
  
• The right does not apply in:
  (a) Conservation Areas
  (b) National Parks
  (c) the Broads,
  (d) areas of outstanding natural beauty
  (e) sites of special scientific interest.
  
  
• Given the potential impact on neighbours during the construction of the additional storeys and any engineering works to strengthen the building, the developer must prepare a construction management plan setting out the proposed hours of operation and how they intend to minimise any adverse impacts of noise, dust, vibration and traffic movements during the building works on occupiers of the building and neighbouring premises before commencing works under these rights.
  
  
• The right is subject to obtaining prior approval from the local planning authority, which will consider certain matters relating to the proposed construction of additional storeys. These are:
  (a) consideration of the impact on the amenity of neighbouring premises, including overlooking, privacy and overshadowing;
  (b) the design, including the architectural features of the principal elevation of the house, and of any side elevation which fronts a highway;
  (c) the impacts a taller building may have on air traffic and defence assets;
  (d) protected vistas in London.
  
  
• The local planning authority will notify any adjoining owners or occupiers of the proposed development, as well as consulting with Historic England, the Mayor of London and London boroughs on protected views or the operator of a defence asset or aerodrome, the Civil Aviation Authority and Secretary of State for Defence if required. Where an aerodrome, technical site or defence asset is identified on a safeguarding map provided to the local planning authority, prior approval cannot be granted for development if an operator of a site, the Civil Aviation Authority or Secretary of State for Defence has responded to the consultation on the application indicating that that the development should not proceed.
  
  
• The local planning authority is required to make a decision on an application for prior approval under the right within 8 weeks. The right does not provide a default deemed consent if the local planning authority fails to make a decision within this time, reflecting the significance of the matters under consideration including the potential impacts of the proposed development on the amenity of neighbours and on air and defence safety. If a decision has not been made within 8 weeks there is a right of appeal to the Secretary of State for non-determination of the prior approval application.

• Article 4 amends Part 20 of Schedule 2 of the GPDO by introducing 4 new permitted development rights for the construction of new self contained homes by allowing additional storeys to be constructed on free standing blocks and on buildings in a terrace in certain commercial uses, and in mixed uses with an element of housing. They also allow additional storeys to be constructed on existing houses which are detached or in a terrace (which includes semi-detached houses) to create new self-contained homes.
  
  Additional Storeys to Provide Additional Self-Contained Residential Accommodation Above Detached Buildings in Use Class A1, A2, A3, B1(a), Betting Shops, Pay Day Loan Shops, Launderettes or Buildings in Mixed Use
  
  
• A new permitted development right (Class AA of Part 20) is introduced to allow existing free-standing buildings in use as shops (Class A1), financial and professional services (Class A2), restaurants and cafes (Class A3), or offices (Class B1(a)), or as betting shops, pay day loan shops or launderettes , or in mixed use within these uses and mixed use with an element of housing, to extend upwards to create new self contained homes. These are buildings in uses that are already able to change use to residential uses under existing permitted development rights on Part 3 of Schedule 2 of the General Permitted Development Order.
  
  
• Up to 2 additional storeys of new homes can be constructed on the topmost storey of existing, detached, free-standing commercial or mixed use buildings of 3 storeys or more above ground level. The right is subject to a maximum height limit for the newly extended building of 30 metres. This height limit recognises sensitivities around local amenity and is considered to be practical in terms of carrying out the building works.

• This Order also introduces a new permitted development right (Class AB of Part 20) to allow buildings in a terrace (of 2 or more attached buildings) in the uses mentioned above, to extend upwards to create new self-contained homes.
  
  
• Up to 2 additional storeys of new homes can be constructed on the topmost storey of a building of 2 storeys or more above ground level, or 1 additional storey on a building of 1 storey above ground level. The overall height of the building when it is extended cannot be greater 18 metres and no more than 3.5 metres higher than the next tallest building in the terrace.
  
  
• The rights to build additional storeys to create new homes on existing commercial buildings, or buildings in mixed use including with an element of housing, allow engineering operations necessary for the construction of the additional storeys, the replacement or installation of additional plant, construction of safe access and egress and construction of ancillary facilities, if necessary. These rights do not allow for these additional works to be undertaken without the construction of the new storeys and homes.

• A further permitted development right (Class AC of Part 20) is introduced by this Order to allow additional storeys to be built on existing houses in a terrace (which includes semi-detached houses) to create new self-contained homes.
  
  
• Up to 2 additional storeys of new homes can be constructed on the topmost storey of:
  (a) a house in a terrace of 2 storeys or more above ground level
  (b) 1 additional storey on a house in a terrace of 1 storey above ground level.
  
  
• The right is subject to a maximum height limit for the newly extended building of 18 metres, and it cannot be more than 3.5 metres higher than the next tallest house in the terrace.

• This Order also introduces a new permitted development right (Class AD of Part 20) to allow additional storeys to be built on detached houses to create new self-contained homes.
  
  
• Up to 2 additional storeys of new homes can be constructed on the topmost storey of:
  (a) a detached house of 2 storeys or more above ground level
  (b) 1 additional storey on a detached house of 1 storey above ground level.
  
  
• The right is subject to a maximum height limit for the newly extended building of 18 metres.
  
  
• The rights to build additional storeys on existing houses to create new homes, allow engineering operations necessary for the construction of the additional storeys, safe access and egress and ancillary facilities, if necessary. These rights do not allow for these additional works to be undertaken without the construction of the new storeys. The appearance of the materials used in the construction of the additional storeys must be similar to that of the existing house.
  
  
• The rights introduced by Article 5 of this Order to construct additional storeys to create additional homes apply to houses and buildings in certain commercial or mixed uses built since 1 July 1948 and before 5th March 2018.
  
  
• Houses and buildings have to have been in one of the relevant uses or mixed uses on 5 March 2018. Existing accommodation in the roof space of the existing commercial building or house, including a loft extension, is not considered as a storey for the purposes of these rights.
  
  
• Homes created using these permitted development rights cannot change use to a small house in multiple occupation and the right is not available to houses currently in such a use. This means that an application for planning permission would be required for a home created under the right to become a house in multiple occupation.
  
  
• These rights do not apply in:
  (a) Conservation Areas
  (b) National Parks
  (c) the Broads
  (d) areas of outstanding natural beauty
  (e) sites of special scientific interest
  (f) a house or building is a listed building or a scheduled monument.
  
  
• Given the potential impact on neighbours during the construction of the additional storeys and any engineering works to strengthen the building, the developer must prepare a construction management plan setting out the proposed hours of operation and how they intend to minimise any adverse impacts of noise, dust, vibration and traffic movements during the building works on occupiers of the building and neighbouring premises before commencing works under these rights.
  
  
• These rights are subject to obtaining prior approval from the local planning authority, which will consider the following matters:
  (a) transport and highways impacts;
  (b) contamination and flood risk;
  (c) the appearance of the proposed upward extension and the design and architectural features of the principal elevation of the house or building, and of any side elevation which fronts a highway;
  (d) the impact on the amenity of neighbouring premises, and those in the building being extended, in including overlooking, privacy and overshadowing;
  (e) the provision of adequate natural light in all habitable rooms of the new homes;
  (f) impact of noise from existing commercial premises on the intended occupiers of the new homes;
  (g) the impact on businesses or the use of land in the surrounding area of introducing, or increasing the number of homes in an the area;
  (h) the impacts a taller building may have on air traffic and defence assets
  (i) protected vistas in London.
  
  
• The local planning authority will notify any owners or occupiers adjoining the proposed development, and of the premises being extended upwards, as well as consulting with the Environment Agency, the highways authority, Historic England, the Mayor of London and London boroughs on protected views and the operator of a defence asset or aerodrome, the Civil Aviation Authority and Secretary of State for Defence if required. Where an aerodrome, technical site or defence asset is identified on a safeguarding map provided to the local planning authority, prior approval cannot be granted for development where an operator of a site, the Civil Aviation Authority or Secretary of State for Defence has responded to consultation on the application indicating that that the development should not proceed.
  
  
• The local planning authority is required to make a decision on an application for prior approval under the right within 8 weeks. The right does not provide a default deemed consent if the local planning authority fails to make a decision within this time, reflecting the significance of the matters under consideration including the potential impacts of the proposed development on the amenity of neighbours. If a decision has not been made within 8 weeks there is a right of appeal to the Secretary of State for non-determination of the prior approval application.

• These regulations amend the Environmental Assessment of Plans and Programmes Regulations 2004 (“the SEA Regulations”), on a temporary basis until 31st December 2020.
  
  
• The instrument modifies requirements placed on responsible authorities and the Secretary of State for documents relating to strategic environmental assessment (“SEA”) to be available for physical inspection by members of the public at an address, for consultees to be informed of that address and for a copy of those documents to be available to be obtained from that address.
  
  
• This instrument will temporarily replace this with a duty to make the documents available for online inspection, and for consultees to be informed of the website address where this can be inspected.
  
  
• These amendments apply in respect of all plans and programmes, and modifications to them, to which the SEA Regulations apply. The includes plans, programmes or modifications that set the framework for future development consent of projects and are subject to a determination that they are likely to have significant environmental effects.
  
  
• These temporary modifications have been introduced as a result of the effects of the coronavirus pandemic given that many council offices are still closed or have limited visiting hours and will only apply until 31 December 2020. The documents will, instead, need to be made available on the relevant authority’s website.

• This instrument amends the Town and Country Planning (Local Planning) (England) Regulations 2012 (S.I. 2012/767) (“the 2012 Regulations”) in order to remove, on a temporary basis, the requirements on local planning authorities to make certain documents available for inspection at premises and to provide hard copies on request.
  
  
• The temporary modifications are needed as a result of the effects of the coronavirus pandemic and will only apply until 31 December 2020. The documents will still need to be made available on the local planning authority’s website.
  
  
• The instrument also makes a minor amendment to regulation 35(3)(b) of the 2012 Regulations to update a reference to section 113 of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”).
  
  
• The 2012 Regulations make provision in relation to the local planning regime established by Part 2 of the 2004 Act. They set out the procedure to be followed by local planning authorities in relation to the preparation of local plans and supplementary planning documents (‘local development documents’).
  
  
• The 2012 Regulations set out the documents which must be made available at each stage of the Local Plan preparation process.
  
  
• The 2012 Regulations provides that a document is taken to be made available by a local planning authority when made available for inspection at the authority’s principal office and at such other places within their area as the authority consider appropriate. The document must also be published on the local planning authority’s website.
  
  
• The 2012 Regulations provides that a local planning authority must provide, on request, a hard copy of a document made available in accordance with regulation 35.
  
  
• This statutory instrument inserts new regulations 36A and 36B into the 2012 Regulations. New Regulation 36A temporarily disapplies paragraph (1)(a) of regulation 35. This means that, during the period beginning with 16 July 2020 and ending with 31 December 2020 (“the relevant period”), a document will be taken to be made available when published on the local planning authority’s website. There will be no requirement to make a document available for inspection at premises.
  
  
• New regulation 36A also temporarily removes the requirement to provide a hard copy, on request, of a document made available in accordance with regulation 35.
  
  
• New regulation 36B makes transitional provision in relation to documents which are made available on a local planning authority’s website during the relevant period. It makes clear that, if the document is still required to be made available after that period, the local planning authority must (as soon as reasonably practicable after the end of the relevant period) also make it available for inspection at their principal office and at such other places within their area as they consider appropriate.

• These Regulations amend the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (“the GPDO”) to allow development to assist in supporting the Government’s economic renewal package following the coronavirus outbreak.
  
  
• They provide an additional allowance for the temporary use of land from 1st July 2020 to 31st December 2020.
  
  
• They also introduce a new permitted development right to allow a local authority to hold a market for an unlimited number of days without the requirement to submit an application for planning permission beginning with 25th June 2020 and ending with 23rd March 2021.
  
  
• The Regulations also introduce a permanent permitted development right to allow additional storeys to be constructed on existing purpose-built blocks of flats to create new homes. This means that a full application for planning permission is not required for this development, while at the same time allowing for local consideration of key planning matters.
  
  
• In addition, these Regulations amend existing permitted development rights to ensure that new homes developed through permitted development rights provide adequate natural light for the occupants.
  
  
• In addition, they make minor technical amendments to the General Permitted Development Order and the Town and Country Planning (Control of Advertisements) (England) Regulations 2007 (S.I. 2007/783) (“the Advertisement Regulations”).
  
  
• The Regulations also amend the Town and Country Planning (Compensation) (England) Regulations 2015 (S.I. 2015/598) (“the Compensation Regulations”) to limit the compensation liability where a local planning authority withdraws the new permitted development right to extend upwards existing purpose-built blocks of flats to create additional homes by making a direction under article 4 of the GPDO.
• To assist the recovery of businesses, following the relaxation of closures introduced to limit the spread of coronavirus, the Amendment Regulations introduce a new right providing an additional number of days which land can be used temporarily for any purpose from 1st July 2020 to 31st December 2020.
  
  
• They also introduce a new permitted development right to allow a market to be held by or on behalf of a local authority. These measures will enable the provision of additional space for markets for the sale of food, drink and other goods and holding outdoor events, helping businesses to operate safely. They came into force on 25th June 2020 to support businesses to re-open swiftly following the relaxation of the coronavirus restrictions.

• Regulation 20 amends Schedule 2 to the General Permitted Development Order by inserting a new Class BA in Part 4 – additional temporary use of land from 1st July 2020 to 31st December 2020. The new right allows the temporary use of land, including land within the curtilage of a building that is not a listed building during this period. Land can be used temporarily for no more than 28 days within that period, of which no more than 14 days can be for holding a market or for motor car and motorcycle racing.
  
  
• The right also allows the erection of moveable structures such as stalls or a marquee on that land. It is available in addition to the existing permitted development right for the temporary use of land in Class B of Part 4 of Schedule 2 of the GPDO. The right is time-limited and will cease to have effect from 1 January 2021.
  
  
• Regulation 21 amends Schedule 2 of the GPDO by inserting a new Class BA in Part 12 - holding of a market by or on behalf of a local authority. The new right allows a market to be held, by or on behalf of local authority on an unlimited number of days. It also allows the erection of moveable structures, such as stalls or awnings. The right is time-limited and will cease to have effect from 23rd March 2021.
  
  
• Under existing rights, developers can use their allowance of up to 28 days for any purpose, of which up to 14 days can be to hold a market or for motor car and motorcycle racing, under Class B of Part 4 of Schedule 2 of the General Permitted Development Order. Separately the new right in Class BA of Part 4 provides an additional allowance of 28 days for any purpose, of which up to 14 days can be to hold a market or for motor car and motorcycle racing, from 1st July 2020 to 31st December 2020. This effectively allows land to be used for any purpose without an application for planning permission for 56 days, of which 28 days can be to hold a market or for motorsports, until 31 December 2020, If the developer is also a local authority, then in addition to using their allowance under Class B and Class BA of Part 4 to use land any purpose, they can also use Class BA of Part 12 of Schedule 2 to hold a market for any number of days until 23rd March 2021.

• Regulation 22 amends Schedule 2 of the GPDO by inserting a new Part 20, Class A - New dwellinghouses on detached blocks of flats.
  
  
• This allows existing purpose-built detached blocks of flats, of 3 storeys or more, to extend upwards to create new self-contained homes.
  
  
• The right allows the construction of 2 additional storeys of new homes on the topmost residential storey of existing, detached, purpose-built blocks of flats of 3 storeys or more above ground level, together with engineering operations, replacement or installation of additional plant, construction of safe access and egress and construction of ancillary facilities, if necessary. The right does not allow for these additional works to be undertaken without the construction of the new storeys and homes.
  
  
• The right applies to blocks built since 1st July 1948 (being those granted planning title under the current planning system) and before 5th March 2018.
  
  
• The right is subject to a maximum height limit for the newly extended building of 30 metres.
  
  
• Given the potential impact on neighbours during the construction of the additional storeys and any engineering works to strengthen the building, the developer must prepare a construction management plan setting out the proposed hours of operation and how they intend to minimise any adverse impacts of noise, dust, vibration and traffic movements during the building works on occupiers of the building and neighbouring premises.
  
  
• The right is subject to obtaining prior approval from the local planning authority, which will consider the following matters:
  (a) transport and highways;
  (b) contamination;
  (c) flood risks;
  (d) appearance;
  (e) impact on air traffic;
  (f) impact defence assets;
  (g) impact on protected vistas in London;
  (h) Provision of adequate daylight into habitable rooms.
  
  
• The right does not apply in/to:
  (a) Conservation Areas
  (b) National Parks;
  (c) The Broads;
  (d) areas of outstanding natural beauty,
  (e) sites of special scientific interest;
  (f) listed buildings or buildings within the curtilage of a listed building
  (g) scheduled monuments or buildings within the curtilage of a scheduled monument
  
  
• Where an aerodrome, technical site or defence asset is identified on a safeguarding map provided to the local planning authority, prior approval cannot be granted for development where an operator of a site, the Civil Aviation Authority or Secretary of State for Defence has responded to consultation on the application indicating that that the development should not proceed.
  
  
• The application for prior approval must be accompanied by:
  (a) detailed floor plans indicating the dimensions and proposed use of each room, the position and dimensions of windows, doors and walls;
  (b) proposed elevations;
  
  
• The local planning authority is required to make a decision on an application for prior approval under the right within 8 weeks. The right does not provide a default deemed consent if the local planning authority fails to make a decision within this time, reflecting the significance of the matters under consideration including the potential impacts of the proposed development on the amenity of neighbours. If a decision has not been made within 8 weeks there is a right of appeal to the Secretary of State for non-determination of the prior approval application.

• Legislative changes are also being made to the GPDO in response to concerns raised about the quality of homes delivered in some developments under existing permitted development rights for changes of use to housing.
  
  
• The Amendment Regulations introduce a new matter for prior approval consideration in respect of the provision of adequate natural light in all habitable rooms. This requirement will apply to developments to be delivered by:
  (a) Class M (retail, betting office or pay day loan shop to residential),
  (b) Class N (specified Sui Generis uses to residential),
  (c) Class O (offices to residential),
  (d) Class PA (light industrial to residential)
  (e) Class Q (agricultural buildings to residential
  
  
• The GPDO in respect of the above classes now requires detailed floor plans indicating the dimensions and proposed use of each room, the position and dimensions of windows, doors and walls, and the elevations of the homes are required to be submitted as part of the prior approval application under paragraph to enable the local planning authority to consider the provision of adequate natural light.
  
  
• As regulations 13 to 18 impose these additional requirements to existing permitted development rights the transitional provisions in regulation 27 are designed to provide assurance to developers who have already submitted an application for prior approval in respect of Classes M, N, O, PA and Q. Applications for prior approval submitted before 1st August 2020 will be determined in accordance with the right as in force at that time.
  
  
• Those with a prior approval event (as defined in the Amendment Regulations) before 1st August 2020 may continue to rely on the permitted development right as though the amendments made by the Amendment Regulations had not been made.
  
  
• Developers will have three years in which to complete the development.
  
  
• Those refused prior approval before 1st August 2020 will have the right to appeal in line with the regulations in force at the time of the application for prior approval.

• Minor technical and amendments by way of clarification are being made to the GPDO and the Advertisement Regulations.
  
  
• Regulation 3 of the Amendment Regulations amends the definitions of “dwellinghouse” and “flat” in article 2 of the GPDO for the operation of the new Part 20 and the time-limited Part 12A of Schedule 2 permitted development rights.
  
  
• Regulation 4 of the Amendment Regulations clarifies that an applicant and a local planning authority may agree to a longer period to determine prior approval applications. This applies to applications which are subject to a time period specified in Schedule 2 of the General Permitted Development Order, or which are subject to a time period of 8 weeks where no time period has been specified.
  
  
• Regulation 5 of the Amendment Regulations allows applications for prior approval for a larger single storey rear extension to a house, permitted by Class A.1(g) of Part 1 of Schedule 2 to the General Permitted Development Order, to be subject to a prior approval fee. This fee is set out in the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012, as amended.
  
  
• Regulation 6 of the Amendment Regulations clarifies that for the purposes of the alteration of the roof of a house, permitted by Class B of Part 1 of Schedule 2 to the GPDO, a rear or side extension, sometimes referred to as an “outrigger”, includes an original projection or a subsequent extension of the house that extends from the rear or side of the principal part of the original house.
  
  
• This is to ensure that roof alterations permitted by Class B of Part 1 apply to any original part or subsequent rear or side extension which extends out from the principal part of the original house.
  
  
• Regulations 6 to 12 of the Amendment Regulations introduces a new limitation so that a new home built under the new Part 20 (construction of new dwellinghouses), introduced by does not benefit from any of the householder permitted development rights.
  
  
• Regulation 24 of the Amendment Regulations amends the Advertisement Regulations by re-inserting the definitions of “electronic communications apparatus”, “electronic communications service” and “telephone kiosk” into the interpretation paragraph of Part 2 of Schedule 3 to assist with any residual references to those phrases in the Advertisement Regulations.