Extending Expired & Expiring Permissions
The new Business and Planning Act 2020 introduces provisions to extend certain planning permissions which have recently expired or will expire this year in England. The provisions take effect on 19 August 2020 and will expire on 1 May 2021 unless the Secretary of State substitutes a later date through regulations due to the coronavirus. Guidance can be found here.
Planning permissions which expire on or after 19 August 2020
An automatic extension applies to full and outline planning permissions which will expire if works are not begun by a date which falls between 19 August 2020 and 31 December 2020. Those permissions are extended until 1 May 2021.
Planning permissions which expired or will expire between 23 March 2020 and 18 August 2020
For these full and outline permissions, the legislation requires consideration of environmental effects before extension is permitted. Again, the extension will be to 1 May 2021.
A person with an interest in the land or their agent may apply to the LPA for an “additional environmental approval” (AEA). This can only be granted if:
- the development is not EIA development or, if it is, the LPA reached a reasoned conclusion on the significant effects on the environment and is satisfied that the conclusion is up to date; and
- if the planning permission were being granted at the time of the application, either a habitats regulation assessment would not be required relating to the implications of the development on a European site or (i) an assessment would be required but was carried out, (ii) it was concluded that there would be no adverse effect on the integrity of the European site and (iii) the LPA is satisfied that it is up to date.
The application must be in writing, submitted electronically and identify the date of sending, the relevant permission and condition and sufficient information to determine whether AEA should be granted.
Guidance suggests that applicants should provide a copy of any original assessments and screenings, with a summary of the key findings, information on mitigation measures and their implementation and a report explaining why there have been no changes to environmental circumstances. For example, the report might include an analysis of further committed development proposals and explain why they do not make the assessment out of date or describe any change in factual circumstances. The need to revisit conditions or section 106 obligations would suggest that the assessment is not up to date and AEA should be refused.
The LPA has 28 days to grant or refuse the AEA extendable by agreement for up to 21 days. If it fails to respond, the AEA is deemed granted. There is a right of appeal on refusal. The AEA cannot be granted or deemed granted after 31 December 2020 (unless on appeal lodged before then), so you must submit the application / appeal in good time.
There are exclusions eg permissions granted by way of development order, local/ neighbourhood development order, enterprise zone scheme or certain deemed permissions.
Outline planning permissions
Where outline permissions are subject to a condition requiring reserved matters applications to be made not later than a date falling within the period from 23 March 2020 to 31 December 2020, that period is automatically extended to 1 May 2021.
Listed building consents
All listed building consents granted or deemed granted in relation to buildings in England subject to conditions requiring works to be begun by a date falling within the period from 23 March 2020 to 31 December 2020 are extended until 1 May 2021.
For more information, please contact Lydia O'Hagan or your usual Charles Russell Speechlys contact.
TL4 Fire Starters
Join us for a Festive FIRE Starters evening ahead of FIRE Starters Global Summit with our expert panellists.
Women in Chancery Christmas Celebration
Join us to celebrate the festive season and discuss the busy year we have had.
Charles Russell Speechlys advises Guildford Games Developer Community on the launch of Guildford.Games Ltd
Charles Russell Speechlys has advised the Guildford.Games committee, a not-for-profit initiative, on the formation of Guildford.Games Ltd
Alexia Egger Castillo
Inheritance contracts: An unknown planning tool for Brits with assets in Switzerland?
How you choose to dispose of your estate after death requires careful consideration, especially where assets are in multiple jurisdictions
FT Ignites Europe quotes William Garner on the FCA's approach to founder-led firms
"Taking a very strict line on founder-led firms risks undermining the FCA's competition mandate..."
Paula Boast is interviewed by Construction Week on Bahrain's construction industry and how it is moving towards more functional and responsible building
Dissecting Bahrain's construction practices
Part 1: The Tip of the Triangle – Examining London’s Potential in the Life Sciences Sector
HR Magazine quotes Nick Hurley on redundancy and employee rights
"Unfortunately the legal remedies for employees in companies that become insolvent are very limited"
Construction News quotes David Savage on the slight rise in construction output in September
"It remains to be seen how the sector reacted in October amid the political turmoil"
How final is a Final Certificate?
A recent Scottish case grappled with the complexities of a smash and grab adjudication.
HR Magazine quotes Nick Hawkins on a pregnancy discrimination case and what companies need to be mindful of
Pregnant worker given parenting tips before sacking wins tribunal case
Court of Appeal decides defective notice to quit not saved by 'Mannai' principles
The Court of Appeal handed down judgment in the second appeal in O G Thomas Amaethyddiath v Turner & Ors  EWCA Civ 1446.
Charles Russell Speechlys wins Best Legal Services: Private Equity – Pan – Africa at the AGF Service Providers Awards 2022
Best Legal Services: Private Equity – Pan – Africa at the AGF Service Providers Awards 2022
“Truss me, I quit!” - 5 Tips to Handle Unexpected Resignations and Post-employment Grievances
Read our guidance for employers on dealing with unexpected and “heat of the moment” resignations
Property Patter: Damages
Remedies are perhaps the main thing on a client’s mind when they start the process of litigation.
Sarah Jane Boon
The Independent quotes Sarah Jane Boon on the 9.6% divorce increase in 2021
ONS statistics - Divorces in England and Wales: 2021
JCT v NEC: Which contract is right for your project?
Unsure of what building contact to use. Learn the difference between NEC and JCT contracts with our guide.
Tristram van Lawick
Land Manager Collaboration for Environmental Delivery
Explore the different ways land managers can work together to engage with environmental markets.
Michael Powner and Ellen Roberts write for People Management on the benefits and drawbacks of novel compensation packages
The benefits and drawbacks of novel compensation packages
Henry Cuthbert writes for Law in Sport on Usain Bolt's move to trademark his legendary victory celebration
Trademarked For Success – What Can Athletes Learn From Usain Bolt’s Legendary Victory Celebration?