Town and Country Planning Act 1990

[F1 93B Extension of certain planning permissions: additional environmental approval E+W

(1) This section applies in relation to relevant planning permission granted or deemed to be granted—

(a) in relation to the development of land in England, and

(b) subject to a condition which has the effect that the development to which the permission relates must be begun not later than a time falling within the period—

(i) beginning with 23 March 2020, and

(ii) ending with the day before that on which section 17 of the Business and Planning Act 2020 comes into force.

(2) If an approval under this section (“an additional environmental approval”) is granted, or deemed to be granted, in relation to the relevant planning permission—

(a) the condition is deemed to provide instead that the development to which the permission relates must be begun not later than 1 May 2021, and

(b) the time by which the development must be begun is not to be extended (whether by section 91(3B) or otherwise) to a later time than that for the time being provided for in paragraph (a).

(3) A person with an interest in the land or a person acting on behalf of such a person (“the applicant”) may make an application to a local planning authority in whose area the land is situated for an additional environmental approval in relation to the relevant planning permission.

(4) 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) specify the date on which the application is sent,

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

(d) give sufficient information to enable the authority to identify the condition which would be affected by subsection (2)(a) if the additional environmental approval is granted, and

(e) give sufficient information to enable the authority to determine whether the additional environmental approval should be granted.

(5) The local planning authority must, by notice in writing to the applicant, grant, or refuse to grant, the additional environmental approval in relation to the relevant planning permission before the end of the period of 28 days beginning with the day after that on which the application in accordance with subsection (4) was sent.

(6) If the local planning authority fails to do so, the additional environmental approval is deemed to be granted in relation to the relevant planning permission.

(7) The applicant and the local planning authority may agree in writing one or more extensions to the period mentioned in subsection (5), but the period may not be extended by a total of more than 21 days.

(8) The local planning authority is to grant the additional environmental approval in relation to the relevant planning permission if and only if—

(a) the EIA requirement is met, and

(b) the habitats requirement is met.

(9) The EIA requirement is met if, at the time the local planning authority is deciding the application—

(a) no development to which the relevant planning permission relates is EIA development (within the meaning of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571)), or

(b) if any is—

(i) a reasoned conclusion was reached and integrated, as mentioned in paragraph (1) of regulation 26 of those regulations, in relation to the permission, and

(ii) in relation to that reasoned conclusion the authority is satisfied as mentioned in paragraph (2) of that regulation.

(10) The habitats requirement is met where, if a decision were being taken as to whether to grant the relevant planning permission at the time the local planning authority is deciding the application—

(a) regulation 63(1) of the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) would not require an assessment to be carried out first of the implications of the development to which the permission relates for a European site or a European offshore marine site, or

(b) regulation 63(1) of those regulations would require an assessment of the kind mentioned in paragraph (a) to be carried out first, but—

(i) an assessment of that kind was carried out before the permission was granted or deemed to be granted,

(ii) in accordance with regulation 63(5) and (6) of those regulations, it was ascertained, in light of the assessment, that the development to which the permission relates would not adversely affect the integrity of the European site or (as the case may be) the European offshore marine site, and

(iii) the authority is satisfied that the assessment remains up to date.

(11) An additional environmental approval may not be granted subject to any condition.

(12) No additional environmental approval is to be granted or deemed to be granted after 31 December 2020, unless it is granted on an appeal in respect of which the notice under section 78(3) is served on or before that date.

(13) A person who makes an application under this section is to be taken to have agreed—

(a) to the use of electronic communications for all purposes relating to the application which are capable of being carried out electronically, and

(b) that the person's address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the person's application.

(14) In discharging its functions under this section, a local planning authority must have regard to any guidance issued by the Secretary of State.

(15) The reference in subsection (1) to relevant planning permission being granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the permission being subject to a condition which has that effect by virtue of being subsequently modified (whether under section 91(3B) or otherwise).

(16) In this section “European site” and “European offshore marine site” have the same meaning as in the Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012).]

Textual Amendments

F1 Ss. 93A-93C inserted (temp.) (19.8.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 17(2), 25(3)(b) (with s. 17(6))

Modifications etc. (not altering text)

C1 S. 93B(2)(a): power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 17(7)(b), 25(3)(b)

C2 S. 93B(12): power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 17(7)(b), 25(3)(b)