Approved changes to the planning system

In addition to the changes proposed to the planning system the Government have recently introduced a number changes which are already in effect or will come into effect as of 1 September.

These changes are outlined below:

Key changes:

1. Extensions to the life of certain planning applications
2. Theatres, concert halls and live music performance venues
3. Extension to the open season of a caravan or holiday park
4. Construction hours
5. Changes to Permitted Development to allow demolition and?rebuild and upward extensions
6. Changes to the Use Class Order 

1. Extensions to life of certain planning applications

Full details of this are set out in the relevant 'modification of planning conditions relating to construction working hours guidance'.

This applies to full, outline, reserved matters, listed building applications and automatically extends the time period within which applications must be implemented to 1 April 2021, where those applications will lapse between 23 March 2020 and 22 July 2020 and between 22 July 2020 and 31 December 2020.

Request to confirm extensions of permission can be made in writing, there is no form to be completed or fee. If there is any doubt the applicant may apply for a Certificate of Lawfulness.

Automatic extension of permission will not apply to applications subject to an Environmental Impact Assessment (EIA) or Habitat Regulations Assessment (HRA). In these cases, 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 allow 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 'modification of planning conditions relating to construction working hours 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 Local Planning Authority.

2. Theatres, concert halls and live music performance venues

As of 14 July 2020, following the publication of a written ministerial statement LPAs are advised that when assessing applications for the loss of theatres, concert halls and live music performance venues, they should have regard to their current circumstances. They should consider whether to grant planning permission for a change of use or demolition of a theatre, concert hall or live music performance venue that has been made temporarily vacant by Covid-19 business disruption.

This will not apply to those that were vacant prior to Covid-19.
Changes to the GDPO will be made in due course, to remove demolition rights for theatres, concert halls and live music performance venues.

3. Extension to the open season of a caravan or holiday park

The Government advise that caravan and holiday parks can submit applications to vary conditions that restrict occupation over the winter season. In respect of such applications, Local Planning Authorities should consider the benefits of longer opening season times for a temporary period. To potentially benefit the local economy as it recovers from the impact of COVID-19.

The Government state that LPA's should not seek to undertake planning enforcement action which would unnecessarily restrict the ability of caravan and holiday parks to extend their open season.

4. Construction Hours

These changes were announced in a written ministerial statement followed up by the 'modification of planning conditions relating to construction working hours guidance'. These changes apply now and allow construction hours to be extended to allow social distancing on construction sites without compromising the timeframe for completion of building works.

This is a temporary measure ending 1 April 2021, after this date original conditions will resume.

Developers may apply to the council to vary the hours of construction condition. LPAs must respond within 14 days. If no response is received, the developer has deemed consent to extend construction hours.

The Government states that proposals to extend working hours until 9pm, Monday to Saturday, should be approved unless there are very compelling reasons to do otherwise.

24-hour working may be permitted in areas without residential properties.

Details of site management should demonstrate how local impact is mitigated.

LPAs may suggest minor changes to proposed hours, but this must be agreed in writing by the applicant for example restrictions on Sundays or Christmas Day.

Details of what information the applicant is required to provide can be found at paragraph 4 of the relevant guidance.

This extension of construction hours will not apply to householder developments or mining operations.

There is no fee to be paid.

If refused applicants may reapply or appeal.

No statutory consultation is required, and no publicity is required.

Members of public can register concerns regarding noise with Environmental Health using this form. Environmental Health can issue an Abatement Notice should they decide that a statutory nuisance is occurring or likely to occur.

Where hours are extended, sites should have a designated contact phone number, staffed during hours of site operation, so local residents or businesses can make contact, and this should be displayed prominently.

5. Changes to Permitted Development to allow demolition and rebuild and upward extensions

Seven new classes have been added to Permitted Development these are:

• One or two additional storeys permitted to extend your house (Class AA - Part 1).
• Up to two additional storeys on detached block of flats to create flats (Class A - Part 20).
• One or two additional storeys permitted above detached building in commercial use to create flats (Class AA - Part 20).
• One or two additional storeys permitted above a terrace in commercial use to create flats (Class AB of Part 20).
• One or two additional storeys permitted above a terrace (residential) to create flats (Class AC of Part 20).
• One or two additional storeys permitted above a detached building in use as a single dwelling to create flats (Class AD of Part 20).
• Demolition of buildings and construction of new dwelling houses in their place including up to 2 additional storeys.

All subject to an application for Prior Approval.

The web site will be updated shortly to identify the criteria required for these works to be permitted development.

6. Changes to the Use Class Order

The Use Class Order 2012 has been amended, coming into force on 1 September and makes substantial changes, these changes are:

Class E 'commercial, business and service'

A new Class E has been created and encompasses a broad 'Commercial, business and service' - which incorporates:

• Shops (A1),
• Financial and professional services (A2)  
• Restaurants and cafes (A3) 
• Offices (B1) use classes
• Gyms (D2) 
• Nurseries (D1) 
• Health centres (D1) 
• Other uses which are suitable for a town centre area are also included in the class.

This new class allows for a mix of uses to reflect changing retail and business models. It therefore, recognises that a building may be in a few uses concurrently or that a building may be used for different uses at different times of the day.

Changes to another use, or mix of uses, within this class do not require planning permission.

Class F1 'Learning and non-residential institutions'

A new Class F1 'learning and non-residential institutions' will comprise uses that are regularly in wider public use such as:

• Schools,
• Libraries and
• Art galleries - previously Class D1

Class F2 'local community'

A new Class F2 'Local community' - ensures that those uses which are important to local communities can be protected through the planning system, these uses were previously Class D2.

This new class deals with uses which provide for group activities of a more physical nature such as:

• Swimming pools,
• Skating rinks and
• Areas for outdoor sports.
• Shops servicing the essential needs of local communities. (This is defined as a shop mostly for the sale of a range of essential dry goods and food to visiting member of the public where there is no commercial class retail unit within 1000 metres and the shop area is no larger than 280m2. This provides some protection for such shops while placing those shops found on high streets and town centres in the new 'commercial' class).

Sui Generis is expanded to include:

• Drinking establishments (A4)
• Hot food takeaway (A5) (These uses can give rise to important local considerations, for example, to ensure that local pubs can be protected or to prevent the rapid increase of hot food takeaways).   
• Cinemas, (D2) 
• Concert, dance and bingo halls (D2)

The residential (C classes), general industrial (B2) and storage and distribution (B8) use classes remain unchanged.

The Government states in respect of these changes:

"These reforms are primarily aimed at creating vibrant, mixed use town centres by allowing businesses greater freedom to change to a broader range of compatible uses which communities expect to find on modern high streets, as well as more generally in town and city centres. They apply to all uses of land and buildings across England."

"There are a number of permitted development rights which grant general planning permission allowing changes of use between the former use classes without the need to submit a planning application. These regulations [SI 2020 No. 757] provide transitional provisions which retain the effect of the permitted development right based on the classes that were in place prior to these regulations coming into force. A building or use will continue to be subject to any permitted development rights that it was entitled to on or before 31 August 2020. These transitional provisions will remain in place until 31 July 2021 when new, revised permitted development rights will be introduced. These savings provisions also apply to relevant Article 4 Directions."