Planning Services response to the Coronavirus

During the first lockdown in 2020, we advised you that officers would not be able to visit sites or erect site notices. As such, in cases where the publicity on planning applications had not expired before the lockdown date (23 March 2020), we made a decision to temporarily revert to the use of neighbour letters to advertise these applications. This decision was made in light of the exceptional circumstances we faced and on the basis that the use of neighbour letters would be temporary until a time when officers could recommence site visits. On 8 June site visits recommenced, noting that with social distance measures applied, site visits could still be carried out safely. At this point is was also possible for us to revert to the use of site notices for purposes of publicity of planning applications, rather than neighbour letters,

On 5 January 2021, we found ourselves in another period of lockdown and therefore neighbour letters were again used to advertise applications, where required, as a temporary measure.

On 24 May 2021, limited access to the office was permitted and as such we will now revert to the use of site notices instead of neighbour letters on applications registered on or after 24 May 2021 . Planning and Enforcement Officers are currently able to visit sites, subject to some health and safety limitations.

Up until recently we have been running virtual Planning Committees, which take place through video conferencing. Virtual Planning Committees were used as a way of continuing this function of the Planning Service during the Corona Pandemic, where there were restrictions on members of public meeting together. The virtual Planning Committee allowed for decisions to continue to be made in respect of planning applications.

The Government have recently permitted Councils to restart public meetings and as such the Planning Committee will a hybrid meeting, whereby members of public can either attend in person to speak at committee or attend virtually.

If you are the lead petitioner, agent or applicant and have received confirmation in writing that you are entitled to speak, you will need to be attend the meeting in person and not virtually.

If you are not the petitioner or the agent/applicant of an application and you wish to physically attend the Planning Committee you will need to be aware that given social distancing requirements, there is only a limited amount of space available in the public gallery. Therefore it is possible you may not be permitted entry. In light of this it is suggested that until social distancing requirements are removed by the Council, that virtual attendance will ensure you are able to watch the Planning Committee live. However you are also able to watch Planning Committees after the event.

Please check our virtual meeting webpage for more general information about how these virtual meetings work, and how you can view them as a member of the public or press.

If you attend in person, you should follow the guidance provided on entry to the location of the meeting, follow social distancing rules, wear a mask and sanitize your hands at point of entry into the building.

A Risk Assessment will be placed online for each committee alongside the committee papers for that relevant committee. If you are attending the Planning Committee in person, please do read the risk assessment so that you are able to comply with its requirements. 

Meeting will be held via video conferencing. In order to do this you will need to download Microsoft Teams. The planning officer will then send you an invite which will allow you to join the meeting.

As of 1st March, Planning and Enforcement officers are able to visit sites, subject to some health and safety limitations.

We are still offering virtual site visits while the COVID-19 pandemic remains, where requested. Please contact the Planning Officer or Enforcement Officer if this is your preferred option.

Meetings, other than Planning Committee, will continue to be held virtually. If you are interested in attending Planning Committee, please see information under a separate tab, 'Planning Committee' for details of how to attend.

What is a virtual site visit?

A virtual site visit is a way in which a planning or enforcement officer can view your property, or in the case of an enforcement complaint, another site, without being present on site. In order to do this you will need to download Microsoft Teams. The planning officer will then send you an invite which will allow you to join the meeting.

Why are we doing this?

In order for a planning officer to make a recommendation on a planning application, in most cases they will need to visit the site so that they can fully understand the impact of the proposed works on the site and surrounding environment. During the current COVID-19 pandemic, you may not want a planning officer to undertake a physical site visit; however, as we are keen to determine planning applications where possible. We are therefore using virtual site visits where required.

Enforcement cases

For the purposes of enforcement cases, you as the complainant will be able to show the enforcement officer your concerns. Please note however by doing so the person connected with the property you have complained about may become aware you raised a complaint. If you wish to remain anonymous then a virtual site visit will not be possible for you.

How does it work?

For the applicant or agent

Your planning officer will contact you to check whether you are eligible. If you are eligible, your planning officer will email you a meeting invitation. You can then join using MicrosoftTeams. You will then show the officer, via your tablet, phone or laptop, the site in question. In advance of the virtual site meeting, the planning officer will email you a plan with numbers marked on it. At the virtual site meeting, you will then move the tablet etc around your property in the order shown on the plan.

For a neighbour

If you are concerned about an application and wish to show the planning officer how you would be affected, you may either write to us in the normal way or, you can request a virtual site meeting. The planning officer will contact you to check whether you are eligible. If you are eligible, the planning officer will email you a meeting invitation. You can then join using MicrosoftTeams. You will then show the officer, via your tablet, phone or laptop what you are concerned about.

For enforcement cases

The enforcement officer will create a meeting which you can join in the same way as outlined above. However there will be no need for the enforcement officer to send you a plan in advance.

Am I eligible?

You are only eligible for a virtual site meeting in the following circumstances:

• You have a device that you can use;
• Your internet connection is strong;
• Your WiFi signal reaches every part of your property or garden without losing internet connection (you may want to think about using a portable tethering device);
• You have downloaded and successfully used MicrosoftTeams;
• You understand the basics of how to use MicrosoftTeams;
• The application has been not advertised in the local newspaper;

The Council does not take responsibility for damage to any equipment that may occur during this process.

If the above does not apply to you then we will visit the site in person at a point when it is safe for the planning or enforcement officer to do so. It is possible that the virtual site visits may not be sufficient for the planning officer to fully understand the impact of the proposal. It is at the officer's discretion whether the details obtained from the virtual site visit will allow them to make a recommendation on an application. In some cases an in person site visit may still be required.

What do I need?

For the Applicant/Agent

Please email your planning officer or planning@hastings.gov.uk with the planning application reference number to request a virtual site meeting. Please put in the email's subject box, 'Virtual Site Visit Request - agent/applicant'.

For a neighbour

Please email your planning officer or planning@hastings.gov.uk with the planning application reference number to request a virtual site meeting. Please put in the email's subject box, 'Virtual Site Visit Request - neighbour'.

The ongoing Coronavirus (COVID-19) crisis could well impact ecological surveys required in support of planning applications.  The Chartered Institute of Ecology and Environmental Management currently advises its members that "in line with the current advice of UK governments to restrict unnecessary travel and contact with others, it is likely that most ecological survey work and Ecological Clerk of Works (ECoW) work will need to be postponed". 

It is too early in this period of restrictions to apply a blanket relaxation of ecological survey requirements and the advice remains that surveys should be completed prior to determination.  As such, applicants should consider delaying submission of their application until all required surveys can be completed.

The main survey season potentially at risk is Great Crested Newts - if applicants do not wish to wait to see if they can complete surveys within the timeframe or if restrictions continue, they may find the District Level Licensing route provides an alternative option.

Other species surveys would not appear to be immediately impacted - please see the survey season timetable within the Natural England protected species standing advice.

Please note that the bat activity survey season period is incorrect as the bat survey guidelines have since been updated and the survey season is April to October - all other dates are correct.

Applicants can find further information at Chartered Institute of Ecology and Environmental Management.

Due to COVID-19 related restrictions, it will take longer to determine your application. We are not able to determine applications where a site visit is deemed necessary by the planning officer but has not been made because of restrictions on travel. We thank you for your patience during this difficult time.

We continue to provide searches and have now changed our process to allow completed searches to be sent electronically to you.

The Secretary of State has advised that a change of use from a cafe, restaurant or pub to a takeaway will now be permitted development for a temporary period of 1 year (expiring 23rd March 2021). You won't need to apply for planning permission for a takeaway if the property in question is already used as a pub, restaurant or cafe. You may also extend this one year period by a further year. In order to benefit from this you must first notify us via email of the following:

1. The address of the property in question
2. The start date of the takeaway use
3. Your contact details including email and telephone number

Please note that the use as a takeaway must cease on 23 March 2021 or 23 March 2022 (if you have a 1 year extension). The use of the premises should then revert to its last authorised use before the takeaway use started. We may take enforcement action in cases where this has not been done.

This permitted development for takeaways will not apply if you have a condition attached to a planning permission for your property which specifically restricts the use of the premises as a takeaway. You can find this by looking at the planning history of your premises using our public access tool.

The permitted development for takeaways will also not apply to any other use other than the specified A3/A4 use (Cafe, Restaurants and Pubs).

The Secretary of State has advised that a positive approach should be taken in respect of supermarket deliveries so that supermarkets can more easily address the high demand for groceries. The Council will not take enforcement action where deliveries are not in keeping with planning conditions controlling hours of delivery.

Hastings Borough Council will have to suspend its response time to Stage 1 and Stage 2 complaints as a response to the ongoing COVID-19 crisis.
We've taken this step in the wider public interest. 

We are protecting the capacity of our staff to deliver vital frontline services. Many of our staff have been re-allocated to work in the community to assist those who are most vulnerable.

If you have an appeal or want to write to the Planning Inspectorate about someone else's appeal, the best way to do this is via the Appeals Casework Portal whenever possible. The Planning Inspectorate's offices are closed and they are unable to receive postal representations. For more information on how to best to correspond with them during this time and to submit representations, they ask that you visit their website.

Details of how to make and submit a petition in respect planning applications can be found on our website.

Please note that current restrictions prevent public access to the council offices, as such paper petitions may only be posted and may not be hand delivered at this time. We will review this once the restrictions are lifted.

If you are intending to submit an application or provide supporting information by post, there is likely to be a significant delay in the processing of that information. This is because there are a limited number of planning staff working at the Council Offices. Therefore we suggest that where you are able, electronic submissions are made either via the Planning Portal or via email.

If you have an appeal or want to write to the Planning Inspectorate about someone else's appeal, the best way to do this is via the Appeals Casework Portal whenever possible. The Planning Inspectorate's offices are closed and they are unable to receive postal representations. For more information on how to best to correspond with them during this time and to submit representations, they ask that you visit their website.

The General Permitted Development Order 2015 has been amended and introduces a new Part 12 A, Class A into Schedule 2 of the Order.

The measures being brought forward by this instrument are intended to allow development that can assist in addressing the Government priority of responding to the spread of coronavirus by local authorities. The new permitted development right allows local authorities and health service bodies to carry out development, both works and change of use, of facilities required in undertaking their roles to respond to the spread of coronavirus, without a requirement to submit a planning application.

We have received several queries regarding constructions sites that appear not to be following the social distancing rules. If you are concerned, please contact the Police who are authorised to issue fines where appropriate. The Planning Service is not able to intervene in this matter.

On 13 May 2020, the government published a written ministerial statement on planning and construction working hours. This statement expects local planning authorities to approve requests to extend construction working hours temporarily to ensure safe working in line with social distancing guidelines until 9pm, Monday to Saturday, unless there are very compelling reasons against this.

Who will be able to benefit from this flexibility?

Developers should expect their local planning authority to grant temporary changes to construction working hours until 9pm or later, 6 days a week, wherever possible and where construction working hours are controlled by planning condition. This flexibility is in relation to control imposed by the planning system only.

How can a developer benefit from this?

A developer wishing to amend their conditioned construction working hours should contact their local planning authority. They will be able to tell you whether they are happy to agree amended working hours informally, or whether you need to submit a formal application as well as through which route.

What is the process involved?

Where there are modest or short-term changes to construction working hours, this may be agreed informally with the local planning authority, and they should use their discretion to not enforce against a breach of working hours.

Where long or more significant changes to working hours are required, a formal application may be requested by the local planning authority. In doing so,?it will be important for?applicants?to?consider potential impacts and,?where necessary,?to put?forward?plans to manage concerns, drawing on existing good practice.

How will the local planning authority come to their decision?

We expect local planning authorities to be supportive of reasonable requests. Local authorities should accept proposals for extended working hours unless there are very strong reasons against this. They should ensure that decisions are issued within 10 days where possible.? We expect this to be a soft and user-friendly process and for guidance to be available on the local authority website.

In making their decision local planning authorities may consider where there are unreasonable impacts but they will be able to reject proposals only where there are very compelling reasons. These reasons could include the significant impact on neighbouring businesses or uses, such as care homes, which are particularly sensitive to noise, dust or vibration, which cannot be overcome through other mitigation, or where impacts on densely populated areas would be unreasonable.

Will extensions to construction working hours into late evening or at weekends be allowed?

The aim is to allow construction work until 9pm, Monday to Saturday. Longer hours may be justified, especially if there are no residential dwellings nearby. However, local planning authorities will maintain local discretion, and where there are unreasonable impacts, they will be able to reject proposals to extend construction hours into the late night or on a Sunday. In all cases, sympathetic site management should be demonstrated.

The Government have revised legislation in July 2020 to allow for the life of planning permissions to be extended. Full details of this are set out in the relevant guidance.

• This applies to full, outline, reserved matters, listed building applications
• The Town and Country Act 1990 is temporarily modified to automatically extend the time period within which applications must be implemented to 1st April 2021, where those applications have or are due to lapse between 23rd March 2020 and 31st December 2020.
• Request to confirm extensions of permission can be made in writing, there is no form to be completed or fee.
• Automatic extension of permission will not apply to applications subject to an EIA or HRA. In such instances an application for Additional Environmental Approval (AEA) should be submitted. There is no form or fee. Applications should be made 'in writing and electronically'.
• Applications for AEA's should be determined in 28 days. A maximum 21 day extension is permitted where necessary to allow submission of additional information, subject to applicant agreement. The 28 day period starts on the day that all necessary information to enable determination has been received.
• Applications not determined in the above timeframe are deemed to be granted.
• No additional surveys will be required as part of an AEA assessment, further details can be found at paragraph 24 of the relevant guidance.
• There is no requirement to consult and no requirement for publicity.
• There is no requirement for the applicant to engage with the public prior to the submission of an AEA.
• AEA applications will be determined under delegated powers.
• There is no right to appeal but new applications can be made to address previous concerns of the LPA.

If your permission expires after 31st December 2020, unfortunately the current legislation does not allow for your permission to be extended. It is possible that the Government may introduce legislation to change this. This page is updated regularly so please do check again to see if there is any change. In the meantime unfortunately if you are unable to start works within the 3 year timeframe of the planning permission, you will unfortunately need to reapply for planning permission.

Natural England provides consultation responses to some of our applications. Therefore it's important for applicants to understand how Natural England is working during the COVID-19 crisis. In all areas of work, Natural England is following government guidance and taking all steps necessary to protect our staff and to help prevent the spread of the virus.

For further details on the way Natural England is working at the moment, please go to the Natural England website.