Town and Country Planning Act 1990

[F1 74B Conditions relating to construction working hours E+W

(1) This section applies where—

(a) planning permission has been granted for the development of land in England, other than for the relevant development of a dwellinghouse, and

(b) a condition has been imposed on the grant of that permission which specifies the times during which construction activities may be carried out.

(2) This section also applies where—

(a) planning permission has been granted for the development of land in England, other than for the relevant development of a dwellinghouse,

(b) a condition has been imposed on the grant of that permission which requires the approval by a local planning authority of a document relating to the carrying out of the development,

(c) the authority has approved a document of that kind, and

(d) the document as approved (the “approved document”) specifies the times during which construction activities may be carried out.

(3) A person with an interest in the land, or a person acting on behalf of such a person, may make an application to a local planning authority in whose area the land is situated for the condition or approved document to be modified in either or both of the ways specified in subsection (4).

(4) Those ways are—

(a) to allow construction activities to be carried out for a longer period on a particular day (which may be the whole of that day);

(b) to allow construction activities to be carried out for the whole or part of a day on which they would not otherwise be allowed to be carried out.

(5) The application must—

(a) be made in writing and sent to the local planning authority using electronic communications in such manner as the authority may specify,

(b) give sufficient information to enable the authority to identify the planning permission in respect of which it is made, and

(c) give sufficient information to enable the authority to identify the condition or approved document in respect of which it is made.

(6) The application must specify—

(a) the date on which the application is sent,

(b) the proposed modifications to the condition or approved document,

(c) the date from which it is proposed the modifications should take effect,

(d) the date at the end of which it is proposed the modifications should cease to have effect, and

(e) the times which are specified in the condition or approved document as it has effect when the application is made as times during which construction activities may be carried out.

(7) The date specified under subsection (6)(c) must not be earlier than the end of the period of 14 days beginning with the day after that on which the application is sent to the local planning authority.

(8) The date specified under subsection (6)(d) must not be later than 1 April 2021.

(9) In this section “relevant development of a dwellinghouse” means development—

(a) of an existing dwellinghouse, or within the curtilage of an existing dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse, and

(b) which does not involve a change of use of the dwellinghouse or a change in the number of dwellings in a building.

(10) For the purposes of subsection (9)—

• “dwellinghouse” does not include a building containing one or more flats or a flat contained within such a building;

• “flat” means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally.]

Textual Amendments

F1 Ss. 74B-74D inserted (temp.) (28.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 16(1), 25(3)(a) (with s. 16(6))

Modifications etc. (not altering text)

C1 S. 74B(8): power to amend conferred (28.7.2020) by Business and Planning Act 2020 (c. 16), ss. 16(7)(a), 25(3)(a)