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Business And Planning Act 2020

Contents

Commentary on provisions of Act

Part 1: Consumption of food and drink outdoors

Section 1: Pavement licences

  1. Section 1 provides at subsection (4) the types of business which may apply to the local authority for a "pavement licence" to put furniture temporarily on the highway. "Furniture" is defined in section 9 and includes stalls for selling or serving food or drink, tables and chairs and articles such as umbrellas, barriers and heaters. "Local authority" is also defined in section 9.

Section 2: Applications

  1. Section 2(2) specifies what must be included in an application. An application must be made by electronic means and be accompanied by a fee which will be set by the local authority, subject to a cap of £100. Section 2(3) requires the local authority to publish the application and invite representations. Section 2(5) provides that the person applying for the licence must display a notice of the application on the premises on the day of the application.

Section 3: Determination of applications

  1. Section 3(2) provides that the local authority must consult the highways authority where the local authority is not itself the highways authority for the land. It must also consult such other persons as it considers appropriate. Section 3(3) and (4) provide that the local authority may grant or reject the application and, in granting the application, they may make their own determination as to how much of the space requested, the licence will cover. Section 3(5) provides that the local authority may grant a pavement licence only if it considers that the effects specified in section 3(6) will be prevented. Section 3(7) requires local authorities to have regard, in particular, to the needs of disabled people when considering whether furniture is an unacceptable obstruction. If the local authority does not make a determination with the 7-day determination period which follows the 7-day consultation period, the licence is deemed to have been granted in the form in which the application was made, see subsection (9).

Section 4: Duration

  1. Section 4 provides that a local authority can decide, when it is granting a licence, how long the licence should last for, or it can leave it open ended, in which case it will expire at the end of 30 September 2021. However, the licence must have a minimum duration of 3 months and it cannot extend beyond 30 September 2021. Where a licence is deemed to have been granted, the default position is that it will last for a year. If there is less than a year to run from the date of the determination, or deemed grant, to 30 September 2021, the licence will be for less than a year and will end at the end of 30 September 2021 see subsection (4).

Section 5: Conditions

  1. Section 5 provides that the local authority can impose conditions on the licence and can publish conditions which it proposes to impose on to pavement licences. Where a licence is deemed to have been granted, it is also deemed to include any conditions published by the local authority. To the extent that a licence would not otherwise be subject to the no-obstruction condition (see subsection (5)) and the smoke-free seating condition (see subsection (6)) it is deemed to be subject to such a condition (see subsection (4). The Secretary of State may also specify conditions in Regulations (see subsection (8)).

Section 6: Enforcement and revocations

  1. Section 6 provides that if a condition of the licence has been breached, the local authority may revoke the licence or may require steps to be taken to remedy the breach. In addition, Section 6(3) provides further grounds for revocation of the licence including where the furniture is giving rise to risks to public health and safety or risks causing a public nuisance. The licence can also be revoked where the person did not put up a notice to publicise the application as required, see section 2 above, or anything in the application was false or misleading.

Section 7: Effects

  1. Section 7(2) provides that where a licence is granted, or deemed to have been granted, any planning permission for anything done under the licence is deemed to have been given. Subsection (3) provides that where a pavement licence is in effect, a street trading licence is not needed for any activity authorised by the pavement licence. Subsection (4) provides that a person may still apply for permission to put furniture on the highway under Part 7A of the Highways Act 1980, but the local authority may not require them to apply under that Act, instead of under these provisions. Subsection (6) specifically applies the power in section 149 of the Highways Act so that local authorities may remove furniture placed on the highway should it constitute a nuisance or danger under that section.
  2. Subsections (9) and (10) are transitional provisions. They provide that where a person has applied for a licence under the Highways Act 1980 or the London Local Authorities Act 1990 or another local Act and has paid a fee and then, before a decision is made on that first application, the person applies for a pavement licence, the local authority cannot charge a fee in respect of the application for a pavement licence, and the first application is treated as being withdrawn.

Section 8: Guidance

  1. Section 8 (1) provides that, in exercising its functions under this Part, the local authority must have regard to any guidance issued by the Secretary of State under this section.
  2. Section 8(2) provides that, where a local authority has executive arrangements, functions relating to pavement licences are not the responsibility of the executive.

Section 9: Interpretation

  1. Section 9 sets out definitions used in sections 1-8.

Section 10: Expiry of pavement licence provisions

  1. This section provides that sections 1 to 9 expire at the end of 30 September 2021. Section 10(2) includes a power for the Secretary of State to extend the date of 30 September 2021 and the latest date on which a licence will be able to run by regulations, if he considers it reasonable to do so to mitigate an effect of coronavirus.

Section 11: Modification of premises licences to authorise off-sales for limited period

  1. Section 11 modifies the Licensing Act 2003 ("the 2003 Act"). Section 11(2) modifies the 2003 Act so that it has effect as if new sections 172F to 172L were inserted, providing for the modification of premises licences to authorise off-sales for a limited period.
  2. New section 172F(1) provides that the authorisation of off-sales in new section 172F(2) will apply to a premises licence if the licence has effect, or is capable of having an effect on the day in which section 172F comes into force. The authorisation will apply when the premises licence is an on-sales only licence on the day immediately before and no disqualifying event has occurred in the three years prior in relation to the licence.
  3. Where the authorisation provided for in section 172F(2) applies, the premises licence has effect during the relevant period as if it also authorises off-sales when the licensed premises are open for on-sales subject to two limitations. Firstly, section 172F(2) provides that every off-sale must be made at a pre-cut off time. The pre-cut off time, which is defined in new section 172F(11), provides for off-sales authorised under section 172F to end at 11pm. If on-sales terminate earlier than 11 p.m., that earlier time will also apply to off-sales. Secondly, new section 172F(12) limits off-sales authorised under section 172(F) so that they do not apply to times when the premises licence does not allow sales of alcohol for consumption in outdoor areas of the premises..
  4. New section 172F(3) provides that any conditions which are included in the premises licence on the day this section comes into force which are inconsistent with the authorisation granted by virtue of section 172F(2) are suspended for so long as that authorisation has effect.
  5. New section 172F(5) provides that such a licence is to be treated as varied so that it includes one or more of the conditions in section 172F(5)(a) to (c) in so far as, and for so long as, the licence authorises off-sales during the relevant period. Those conditions authorise off-sales that would otherwise have been prevented by one or more of the conditions in section 172F(4)(c)(i) to (iii). The varied conditions are also subject to the limitation in new section 172F(12) so that off-sales made under them cannot be made at times when the premises licence does not allow sales of alcohol for consumption in outdoor areas of the premises. New section 172F(6) provides that any condition or conditions which would have otherwise prevented such off-sales are suspended for so long as the condition or conditions applied by virtue of section 172F(5) have effect.
  6. New section 172F(8) provides that a disqualifying event has occurred if the relevant licensing authority refused to grant a premises licence in respect of the licensed premises authorising off-sales; the relevant licensing authority refused to vary the premises licence so as to authorise off-sales; or the premises licence was varied so as to exclude off-sales from the scope of the licence.
  7. New section 172F(10) sets out definitions for the purposes of that section. An "on-sales only licence" means a premises licence which authorises the sale by retail of alcohol for consumption on the licensed premises but does not authorise off-sales; off-sales in relation to a premises licence means the sale by retail of alcohol for consumption off the licensed premises; and sale for delivery in relation to a premises licence means an off-sale for delivery by or on behalf of the holder of the licence to a building which is used for residential or work purposes (or both). New section 172F(10) also sets out that the relevant period is the period beginning on the day section 172F comes into force, and ending with 30 September 2021, or if earlier, the revocation or expiry of the premises licence or the exclusion of off-sales from the scope of the licence.
  8. New section 172F(11) defines the pre-cut off time as any time between when the premises first open that day for the purposes of selling alcohol for consumption on the premises and 11pm. New section 172F(12) limits off-sales authorised under section 172F so that they do not apply to the times when the premises licence does not allow sales of alcohol for consumption in the outdoor areas of the premises.
  9. New section 172G provides for summary off-sales reviews to take place. Where off-sales are authorised by virtue of section 172F(2) or conditions have effect by virtue of section 172F(5) a responsible authority may apply to the relevant licensing authority for an off-sales review of a premises licence, on grounds which are relevant to one or more of the licensing objectives. An off-sales review is a review of the licence in so far as it relates to the off-sales authorised by virtue of section 172F(2) or in so far as it relates to the condition or conditions which have effect by virtue of section 172F(5). New section 172G(3) also provides that on receipt of an application for a review, the relevant licensing authority must consider whether it is necessary to take interim steps pending the determination of the off-sales review within 48 hours, and must determine the review within 28 days.
  10. New sections 172H to 172K make further provision in relation to off-sales reviews. Section 172H provides for interim steps pending the determination of an off-sales review; section 172I provides for the conduct of the review; section 172J provides for a review of any interim steps taken under section 172H that have effect on the date of the hearing to consider an application for an off-sale review; section 172K applies with modifications provisions of the Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005, the Licensing Act 2003 (Hearings) Regulations 2005 and the Licensing Act 2003 (Licensing authority’s register) (other information) Regulations 2005 in relation to off-sales reviews and hearings. Section 172L makes supplementary provision in relation to sections 172F to 172K.
  11. Section 11(3) to (7) makes further modifications to the 2003 Act as a result of new sections 172F to 172L.
  12. Section 11(8) to (10) makes consequential modifications to secondary legislation as a result of the modifications to the 2003 Act.
  13. Section 11(11) provides the Secretary of State with a power to make regulations making transitional, transitory or saving provision in connection with the end of the relevant period.
  14. Section 11(12) provides the Secretary of State with a power to make regulations to amend section 172K(3) of the 2003 Act which makes modifications to the Licensing Act 2003 (Premises licences and club premises certifications) Regulations 2005, as applied by section 172K(1).
  15. Section 11(13) provides for the expiry of section 11(1) to (10) at the end of 30 September 2021.
  16. Section 11(14) provides the Secretary of State with a power make regulations to provide a later date than 30 September 2020 for the expiry of the relevant period and for the expiry of the provisions provided for in section 11(14) if the Secretary of State considers it reasonable to do so to mitigate an effect of coronavirus. Section 11(15) defines coronavirus for the purposes of this section.
  17. Section 11(16) to (17) provides the Secretary of State with a power to make provision by regulations modifying enactments in consequence of any provisions in section 11(1) to (10).

Part 2: Other measures relating to business

Bounce Back Loan Scheme

Section 12: Removal of powers of court in relation to unfair relationships

  1. This section inserts new subsections (6) and (7) into section 140A of the Consumer Credit Act 1974 (CCA).
  2. New subsection (6) provides that the court shall not make an order under section 140B of the CCA in connection with a credit agreement entered into under the Bounce Bank Loan Scheme.
  3. New subsection (7) sets out the definition of the Bounce Back Loan Scheme.

Goods, passenger and public service vehicles

Section 13: Certificates of temporary exemption for public service vehicles and goods vehicles

  1. Section 13 amends provisions in the Road Traffic Act 1988 relating to the issue of certificates of temporary exemption to public service vehicles adapted to carry more than eight passengers and goods vehicles.
  2. Section 13(2) sets out that the Secretary of State may make regulations in connection with the issue of a certificate of temporary exemption in respect of a public service vehicle adapted to carry more than eight passengers, as well as the revocation of such a certificate. It further explicitly sets out powers to:
    1. make provision for a certificate of temporary exemption to be issued subject to conditions
    2. make different provision for different circumstances or cases
    3. confer functions on a person (including functions involving the exercise of a discretion).
  3. Section 13(3) and Section 13(4) set out analogous provisions in respect of goods vehicles.
  4. These amendments broaden the powers of the Secretary of State as compared to the current legislation, introducing
    1. an explicit power to revoke certificates of temporary exemption
    2. an explicit power to make differing provisions for different circumstances or cases
    3. an explicit ability to confer functions involving the exercise of discretion.
  5. The effect of these amendments is to allow regulations to be made with regard to differential treatment of vehicles on the basis of road safety risk.

Section 14: Temporary reduction in duration of certain driving licences

  1. Section 14(1) provides that a licence which falls within section 14(2) which is granted in the period beginning 17 April 2020 and ending with 24 March 2022 will have a duration of one year. The period 17 April 2020 to 24 March 2022 is the period between the start of implementation of the temporary scheme to issue short licences and the end of the period the Coronavirus Act 2020 remains in force. Section 14(1) does this by changing how section 99(1A)(a)(ii) of the Road Traffic Act is read in the circumstances. Section 99(1A)(a)(ii) governs the duration of licence entitlement issued between the ages of 45 and 65. In line with the policy intention, limiting the temporary power to issue 1-year licences under this provision, excludes from the scheme applicants for new licences for whom the requirement to provide a medical report has not been waived. It also excludes holders of car licences issued before 1997, who require a D4 to renew entitlement to drive small lorries and minibuses when renewing the licence at age 70.
  2. Limiting the duration of the licence to 1 year is in line with the duration of licences issued under other provisions in the Act where risks to road safety are considered to be highest (e.g. where drivers have a medical condition which is most likely to affect their fitness to drive or they are over 65).
  3. Section 14(2) restricts the power in section 14(1) to grant a 1-year licence to those for goods vehicles and passenger carrying vehicles, and only once per applicant and only where the Secretary of States decides not require a medical report.
  4. The issue of a licence without a D4 medical report presents a road safety risk, which is considered to increase the longer that the driver is allowed to remain on the road. For this reason, it is not considered appropriate to allow drivers to continue driving for longer than 1 year without submitting a D4. The section makes clear that the option to issue a second 1-year licence to an individual under the scheme is not available.
  5. There are also occasions, where the Secretary of State’s existing discretion is routinely applied because the road safety risk is not considered sufficient to warrant asking the licence applicant to submit a further D4 when one has been provided recently. Section 14(3) ensures that these applications are not affected by the provision to reduce the duration of the licence issued under section 99(1A)(a)(ii).

Section 15: Temporary reduction in duration of certain driving licences: Northern Ireland

  1. Section 15 makes provision for Northern Ireland corresponding to the provision made for Great Britain by section 14. It is about the duration of driving licences granted in Northern Ireland to drivers of some classes of goods vehicles and some classes of passenger-carrying vehicles.
  2. Section 15 would enable driving licences lasting 1 year to be granted to drivers aged 45 to 65 without them sending in a medical report with their licence application. These drivers would usually be able to get a 5-year licence (or a licence lasting until their 66th birthday if shorter) but they may be unable get one because they cannot obtain the required medical report. This is because of restrictions on access to medical practitioners as a result of Covid-19.
  3. Section 15 applies to driving licences whose duration is set by Article 15(2)(a) of the Road Traffic (Northern Ireland) Order 1981. Article 15(2)(a) applies where a licence comes into force on or before the applicant’s 65th birthday. It covers licences for driving the categories of vehicles prescribed in regulation 38(2) of the Motor Vehicles (Driving Licences) Regulations (Northern Ireland) 1996.
  4. Regulation 7(7) of those Regulations allows the Department for Infrastructure in Northern Ireland to require a driving licence application to be accompanied by a medical report. In the case of the licences to which Article 15(2)(a) applies, the Department’s practice is to require a medical report to be sent in where the application is for the applicant’s first driving licence for a particular vehicle class or is for renewal by an applicant whose 45th birthday will have been reached by the time the renewed licence comes into operation.
  5. Section 15(1) specifies that the duration of driving licences to which the section applies will be 1 year instead of the period of up to 5 years that would otherwise apply under Article 15(2)(a).
  6. Section 15(2) provides that the section applies to only some of the driving licences whose duration would otherwise be set by Article 15(2)(a). In particular, a driver will not be able to get more than one 1-year driving licence granted without a medical report for any particular class of vehicle.
  7. Also, as the Department proposes to continue to require a medical report for a first-time licence for a particular vehicle class, 1-year licences without a medical report will in practice all be renewals. Because of this, and because the Department has not already issued any 1-year licences in anticipation of this legislation, section 15 applies only to licences granted on or after 1 August 2020. This ties in with licences that expired on or after 1 February 2020 having been extended by 7 months by EU Regulation 2020/698. Accordingly, the Department would be able to use August 2020 to start granting 1-year renewal licences to come into operation when the 7-month extensions start to expire in September 2020.
  8. Limiting section 15 to applicants who will have reached their 45th birthday keeps this section in line with the corresponding provision for Great Britain, as the existing relevant legislation for Great Britain already distinguishes between drivers who have not reached 45 and those who are 45 to 65.
  9. Section 15(3) would cover a driver who, within a year of being granted a driving licence in reliance on a medical report, applies to be additionally licensed for a class of vehicle to which Article 15(2)(a) applies. A licence granted to the driver for that additional class will have its normal duration, even if granted without a fresh medical report being required.

Part 3: Planning

Construction working hours

Section 16: Modification of conditions relating to construction working hours

  1. Section 16 introduces a new, fast track application process for the temporary variation of planning conditions relating to construction site working hours. This new process is to enable the facilitation of safe construction working practices in line with social distancing guidance issued by the Government and Public Health England in response to Covid-19.
  2. The section achieves this by temporarily modifying the effect of the Town and Country Planning Act 1990 which is to be read as if new sections 74B-74D were inserted in it (see subsection (2))
  3. New section 74B(1) to (4), conditions relating to construction working hours, provide that an applicant may apply in writing, electronically, to modify the restrictions on the hours of construction activity, either to extend the permitted hours, or to allow construction activity to take place on a day that it is not presently permitted where:
  4. planning permission is granted for the development of land (other than relevant development of a dwellinghouse, which is defined in new section 74B(9) and (10), or mining operations see new section 74D(1)); and
  5. a condition attached to that planning permission restricts hours of construction activity or a similar restriction is contained in a separate document approved by the local planning authority.
  6. Such an extension of working hours may only be for a temporary period not extending beyond 1 April 2021 (see new sections 74B(8) and 74C(5)).
  7. New section 74C(1) to 74C(3) provide that in response to an application under section 74B, an authority may by notice:
    1. approve the proposed modifications to construction hours;
    2. refuse the proposed modifications to construction hours; or
    3. determine, with the agreement of the applicant, different modifications to construction hours or alternative dates during which these will have effect (subject to the end date not being later than 1 April 2021). Different modifications must not prohibit construction from taking place at a time when it is already permitted (see new section 74C(4)).
  8. New section 74C(6) and (7) provide that if an authority does not give notice of its decision within 14 days (beginning with the day after that on which the application is sent to the authority) then the condition is deemed to be modified as set out in the application and the applicant can implement the new working hours.
  9. New section 74C(8) provides that where modifications are determined by the authority in respect of only some of the matters in the application (e.g. the date on which the extended hours may start) then the condition is deemed to have been modified in respect of the other matters, in line with the application.
  10. New section 74D(6) requires a local planning authority to have regard to guidance issued by the Secretary of State when discharging its functions under new sections 74B and 74C.
  11. Subsection (3) of section 16 modifies section 78(1) to provide for a right of appeal against a refusal of an application under new section 74C(1)(b).
  12. Subsection (4) modifies paragraph 3(1) of Schedule 1 to the Town and Country Planning Act 1990 (TCPA 1990), so that the function of deciding these applications will be a district planning authority function. Where there is an Urban Development Corporation, such as the Ebbsfleet Development Corporation, or a Mayoral Development Corporation, such as the London Legacy Development Corporation with planning functions under Part 3 of the TCPA 1990, the Corporation will be the body responsible for determining these applications.
  13. Subsection (6) makes provision for the expiry of this fast track application process at the end of 1 April 2021.
  14. Subsection (7) includes a power for the Secretary of State to extend the period during which this application process is in operation through regulations, if he considers it reasonable to do so to mitigate an effect of coronavirus.

Section 17: Extension of duration of certain planning permissions

  1. Sections 17 to 19 make provision to allow the commencement period for certain unimplemented planning permissions and listed building consents to be extended. This is to ensure relevant permissions and consents are still extant, enabling development to commence following delays caused by Covid-19.
  2. Section 17, which provides for an extension of the duration of certain planning permissions, temporarily modifies the effect of the TCPA 1990 which is to be read as if new sections 93A-93C were inserted in it (see subsection (2)) and modifications were made to section 78 (see subsection (3)) and Schedule 1 (see subsection (4)).
  3. New section 93A will modify any condition that imposes a time limit for commencement of development pursuant to a relevant planning permission for those permissions where the time limit for commencement of development is due to expire between the date that section 17 comes into force and 31 December 2020. The time limit for commencement of development pursuant to these permissions will be extended to 1 May 2021.
  4. New section 93B will have the same effect as new section 93A (that is to say, an extension of the time limit for commencement of development to 1 May 2021) for a relevant planning permission where the time limit for commencement expired between 23 March 2020 and the date on which section 17 comes into force, if an "additional environmental approval" is granted or deemed to be granted in relation to that permission.
  5. In respect of additional environmental approval:
    1. an application for additional environmental approval may be submitted to a local planning authority by a person with an interest in the relevant land or a person acting on their behalf;
    2. applications are required to be submitted using electronic communications in a manner specified by the relevant local planning authority, and to include sufficient information:
      1. to enable the local planning authority to identify the relevant planning permission and time limit; and
      2. to determine whether additional environmental approval should be granted;
    3. the local planning authority is to grant additional environmental approval if it is satisfied that the EIA and Habitats requirements are met;
    4. the EIA requirement is met if either:
      1. the development contains no EIA development within the meaning of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017; or
      2. the development remains the subject of an up-to-date Environmental Impact Assessment within the meaning of those Regulations.
    5. the Habitats requirement is met if either:
      1. the development would not require an assessment in accordance with regulation 63(1) of the Conservation of Habitats and Species Regulations 2017; or
      2. the development was previously the subject of an assessment in accordance with that regulation which ascertained that the development would not adversely affect the integrity of a European site or European offshore marine site, and which remains up-to-date;
    6. the local planning authority must have regard to any guidance issued by the Secretary of State;
    7. the local planning authority must issue a decision to grant or refuse additional environmental approval within 28 days, or such longer period agreed in writing between the local planning authority and applicant (such longer period not to exceed an additional 21 days). If the local planning authority does not issue a decision within the 28-day period (or as extended), it is deemed to have granted additional environmental approval;
    8. an applicant may appeal to the Secretary of State against a decision to refuse additional environmental approval;
    9. additional environmental approval may not be granted conditionally; and
    10. no additional environmental approval may be granted or deemed to be granted after 31 December 2020, unless the grant is on an appeal lodged on or before that date.
  6. New section 93C defines "relevant planning permission" for the purposes of new sections 93A and 93B.
  7. Subsection (3) of section 17 modifies section 78(1) to provide a right of appeal against a refusal of additional environmental approval.
  8. Subsection (4) modifies Schedule 1 to identify the local planning authority to which an application for additional environmental approval is to be submitted.
  9. Subsection (5) modifies the Town and Country Planning (Development Management Procedure) Order 2015 to require details of additional environmental approvals to be recorded by a local planning register authority.
  10. Subsection (6) provides that the modifications to the TCPA 1990 and the 2015 Order detailed above expire at the end of 1 May 2021.
  11. Subsection (7) enables the Secretary of State, if he considers it reasonable to do so to mitigate an effect of coronavirus, to make regulations to amend the duration of the extension of time limits referred to above, and permissions to which such extensions apply, by substituting certain dates in the legislation with later dates, being:
    1. the latest time limit for commencement which will be modified by this section 17 (set by this legislation as 31 December 2020);
    2. the date to which relevant time limits for commencement will be modified (set by this legislation as 1 May 2021);
    3. the date after which no application for additional environmental approval may be granted or deemed to be granted, except on appeal (set by this legislation as 31 December 2020); and
    4. the date on which subsections (1) to (5) expire (set by this legislation as 1 May 2021).
  12. Subsections (8) and (9) provide that the Secretary of State may, if making regulations under subsection (7) for any further or additional extension of time limits, require that such further or additional extensions be subject to further approval.
  13. An example of how these provisions would apply to certain planning permissions is detailed in the text box below.

    Example 1: Cases of development with an extant planning permission

    An unimplemented planning permission was granted on 11 November 2017. This was granted subject to a requirement to commence within 3 years, imposed as a condition limiting the duration of planning permission under section 91 of the Town and Country Planning Act 1990. Therefore, the planning permission would be required to be begun not later than 11 November 2020.

    Under the provisions of this Act, this planning permission will now be required to be begun not later than 1 May 2021.

    Example 2: Cases of development where planning permission has lapsed

    An unimplemented planning permission for development which was required to undergo Environment Impact Assessment (but not an appropriate assessment under the Habitats Regulations) was granted on 15 April 2017, subject to a requirement to commence within 3 years, imposed as a condition limiting the duration of planning permission under section 91. This permission was not commenced before 15 April 2020 and has consequently lapsed.

    As this permission lapsed before the date on which section 17 comes into effect, in order to be extended to 1 May 2021, a person with an interest in the land (or someone on their behalf) would have to submit an application for additional environmental approval to the local planning authority. In this case, additional environmental approval should be granted if (a) the Environmental Impact Assessment remains up to date, and (b) it remains the case that no appropriate assessment under the Habitats Regulations would be required, if planning permission for the development were being granted now. If the local planning authority is satisfied on these points, and so grants additional environmental approval, the permission would benefit from an extension to 1 May 2021.

Section 18: Extensions in connection with outline planning permission

  1. Section 18 has a similar effect to section 17, but in relation to the extension of the duration of outline planning permissions.
  2. Section 18 temporarily modifies the effect of the TCPA 1990, which is to be read as if new sections 93D-93F were inserted into it, and modifications were made to section 78 (see subsection (3)) and Schedule 1 (see subsection (4)).
  3. New section 93D will modify any condition that imposes a time limit for the submission of an application for the approval of a reserved matter for those outline permissions where the time limit for submission of an application for approval expires between 23 March 2020 and 31 December 2020. The time limit for submission of such applications will be extended to 1 May 2021.
  4. New section 93E will modify any condition that imposes a time limit for commencement of development pursuant to an outline planning permission for those outline permissions where a time limit for commencement of development is due to expire between the date that section 17 comes into force and 31 December 2020. The time limit for commencement of development pursuant to these permissions will be extended to 1 May 2021.
  5. New section 93F will have the same effect as new section 93E for an outline planning permission (that is to say, an extension of time limits for commencement of development to 1 May 2021) where a time limit for commencement expired between 23 March 2020 and the date on which section 17 comes into force, if an "additional environmental approval" is granted or deemed to be granted in relation to that permission.
  6. The requirement for "additional environmental approval" is the same in these cases as described in relation to new section 93B above.
  7. Section 18(3) modifies section 78(1) to provide a right of appeal against a refusal of additional environmental approval.
  8. Subsection (4) modifies Schedule 1 to identify the local planning authority to which an application for additional environmental approval is to be submitted.
  9. Subsection (5) modifies the Town and Country Planning (Development Management Procedure) Order 2015 to require details of additional environmental approvals to be recorded by a local planning register authority.
  10. Subsection (6) provides that the temporary modifications to the 1990 Act and the 2015 Order detailed above expire at the end of 1 May 2021.
  11. Section 18(7) enables the Secretary of State, if he considers it reasonable to do so to mitigate an effect of coronavirus, to make regulations to amend the duration of the extension of time limits referred to above, and permissions to which such extensions apply, by substituting certain dates in the legislation with later dates, being:
    1. the latest time limits which will be modified by this section 18 (set by this legislation as 31 December 2020);
    2. the date to which relevant time limits will be modified (set by this legislation as 1 May2021);
    3. the date after which no application for additional environmental approval may be granted or deemed to be granted, except on appeal (set by this legislation as 31 December 2020); and
    4. the date on which subsections (1) to (5) expire (set by this legislation as 1 May 2021).
  12. Section 18(9) and (10) provide that the Secretary of State may, if making regulations under subsection (7) for any further or additional extension of time limits, require that such further or additional extensions be subject to further approval.
  13. An example of how these provisions would apply to outline planning permissions is detailed in the text box below.

    Example 1: Cases of an extant outline planning permission involving an application for reserved matters approval

    An unimplemented outline planning permission was granted on 21 October 2012. This was granted subject to a condition that any applications for reserved matters approval must be submitted to the local planning authority within 8 years. Therefore, no (further) applications for the approval of reserved matters may be submitted after 21 October 2020.

    Under the provisions of this Act, the ability to submit applications for the approval of reserved matters pursuant to this outline planning permission will benefit from an automatic extension to 1 May 2021.

    Example 2: Cases of outline planning permission with an extant reserved matters approval

    An outline planning permission was granted subject to a condition that the development must be commenced within 2 years of the final approval of reserved matters. All reserved matters under the planning permission were approved on 3 October 2018. Therefore, the development would be required to be begun not later than 3 October 2020.

    Under the provisions of this Act, this time limit would benefit from an automatic extension to 1 May 2021.

    Example 3: Cases of outline planning permission with subsequent reserved matters approval which has lapsed

    Another outline planning permission was granted subject to a condition that the development must be commenced within 2 years of the final approval of reserved matters. The final reserved matters approval was granted on 10 May 2018. Development was not commenced on or before 10 May 2020 and the permission has therefore lapsed.

    As this permission lapsed before the date on which section 18 comes into effect, in order to be extended to 1 May 2021, a person with an interest in the land (or someone on their behalf) would have to submit an application for additional environmental approval to the local planning authority. In this case, additional environmental approval should be granted if (a) the Environmental Impact Assessment remains up to date and (b) it remains the case that no appropriate assessment under the Habitats Regulations is required, if planning permission were being granted for the development now. If the local planning authority is satisfied on these points, and so grants additional environmental approval, the time limit for commencement would be extended to 1 May 2021.

Section 19: Extension of duration of certain listed building consent

  1. Section 19 provides for an extension of the duration of certain listed building consents, by temporarily modifying the effect of the Planning (Listed Buildings and Conservation Areas) Act 1990 which is to be read as if a new section 18A were inserted in it (see subsection (1)). New section 18A will modify any condition that imposes a time limit for the commencement of works pursuant to a listed building consent where the time limit for commencement of works expires between 23 March 2020 and 31 December 2020. The time limit for commencement in such cases will be extended to 1 May 2021.
  2. Section 19(2) provides that the temporary modifications expire at the end of 1 May 2021.
  3. Section 19(3) enables the Secretary of State, if he considers it reasonable to do so to mitigate an effect of coronavirus, to make regulations to amend the duration of the extension of time limits referred to above, and consents to which such extensions apply, by substituting certain dates in the legislation with later dates, being:
    1. the latest time limit for commencement which will be modified by this section 19 (set by this legislation as 31 December 2020);
    2. the date to which relevant time limits will be modified (set by this legislation as 1 May 2021); and
    3. the date on which the temporary modifications expire (set by this legislation as 1 May 2021).
  4. For an example of the effect of these provisions, please refer to Example 1 above under the notes for section 17.

Procedure for certain planning proceedings

Section 20: Procedure for certain planning proceedings

  1. Section 20 amends the power for the Secretary of State in England to determine which procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable a more flexible deployment of one or more of the three types of procedure. These decisions are delegated to the Planning Inspectorate, whose Planning Inspectors take the decision on behalf of the Secretary of State and who deal with the various planning appeals covered by this section.
  2. Section 20(1) amends section 319A(2) of the 1990 Act to apply that change to:
    1. appeals in relation to the determination of planning appeals under section 78 of the 1990 Act;
    2. appeals against the refusal or failure of a local planning authority to make a decision on an application under section 195 of the 1990 Act;
    3. appeals against enforcement notices under section 174 of the 1990 Act;
    4. appeals in relation to an application to modify or discharge affordable housing requirements under section 106BC of the 1990 Act; and
    5. applications made to the Secretary of State under section 52A or s77 of the 1990 Act.
  3. Section 20(2) amends section 88D(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to apply the same change to appeals covered by that section of that Act. Finally subsection (3) amends section 21A(2) of the Planning (Hazardous Substances) Act 1990 to apply the same change to appeals covered by that section of that Act.
  4. The amendments under this section are permanent. The flexibility for a planning inspector to use more than one procedure to determine planning appeals is required to enable the Planning Inspectorate to deal with cases quickly and efficiently during the coronavirus pandemic. However, this change will provide ongoing efficiencies to the work of the Planning Inspectorate.

Electronic inspection of spatial development strategy

Section 21: Mayor of London’s spatial development strategy: electronic inspection

  1. Section 21 temporarily modifies the effect of section 43 of the Greater London Authority Act 1999 ("GLAA") which is to be read as if new subsections 4A and 4B were inserted in it (see subsection (1)).
  2. Section 43 of the GLAA requires the Mayor of London to take steps to give adequate publicity to his strategies (which include strategies in relation to transport, economic development and regeneration, spatial development, biodiversity, municipal waste management, air quality, ambient noise and culture), to make the current versions of them available for public inspection at the Greater London Authority’s offices and other suitable places, and to provide them at a reasonable cost to any person who asks for them. A spatial development strategy is a strategy that the Mayor is required to produce setting out strategic planning policies for London (see section 334 of the GLAA).
  3. New subsection (4A) of section 43 removes the requirement to make the current version of the spatial development strategy available for inspection at the Greater London Authority’s offices, and other suitable places, and to provide the strategy at a reasonable cost to any person who asks for it, if a copy of the current version of the strategy is available for inspection free of charge by appropriate electronic means. New subsection (4B) provides that the current version of the spatial development strategy is available for inspection "by appropriate electronic means" if: (a) arrangements have been made such that it is available for inspection by electronic means in a reasonably convenient way, and (b) in deciding what arrangements to make, the Mayor has had regard to any guidance issued by the Secretary of State as to (i) how it should be made available by electronic means; and (ii) the arrangements (if any) that may be appropriate to mitigate the effects on a person of not being able to inspect a copy of the strategy, or finding it difficult to do so, by electronic means.
  4. Section 21(2) provides that this measure will expire at the end of 31 December 2020. Subsection (3) enables the Secretary of State to make regulations substituting the date specified in subsection (3) for the time being with a later date if he considers it reasonable to do so to mitigate an effect of coronavirus.

Local authority meetings

Section 22: Power to make provision relating to local authority meetings

  1. Section 22 amends section 78 of the Coronavirus Act 2020, which provides that regulations can make provision relating to requirements for local authorities to hold meetings, the timing and frequency of such meetings, the places at which such meetings must be held, and the way in which people may attend, speak and vote. Section 78 also enables regulations to make provision relating to public admission and access to meetings and the availability of documents relating to meetings.
  2. Section 22 adds a number of bodies (Mayoral Development Corporations, Transport for London, Urban Development Corporations and Parish Meetings) to the definition of a "local authority" about which such regulations may be made in England.

Part 4: General

Section 23: Regulations

  1. Section 23 sets out the procedure which is to apply in respect of certain powers to make regulations conferred by the Act, and states that these powers include the power to make different provision for different cases and to make incidental, consequential, supplementary, transitional or transitory provision or savings.

Section 24: Extent

  1. Section 24 sets out the extent of the various provisions of the Act.

Section 25: Commencement

  1. Section 25 makes provision about commencement.
  2. Subsection (1) provides that Part 1 (consumption of food and drink outdoors) will come into force on the day of Royal Assent.
  3. Subsection (2) provides that in Part 2 (other measures relating to business): section 12 is to be treated as having come into force on 4 May 2020 and sections 13 to 15 will come into force on the day of Royal Assent.
  4. Subsection (3) provides that in Part 3 (planning): section 16 comes into force at the end of 6 days beginning with the day of Royal Assent, section 17 to 19 come into force at the end of the period of 28 days beginning with the day of Royal Assent, and sections 20 to 22 come into force on the day of Royal Assent.
  5. Subsection (4) provides that Part 4 (general) will come into force on the day of Royal Assent.

Section 26: Transitional etc provision in connection with expiry

  1. Section 26 confers upon the Secretary of State a power to make regulations which may be used to make transitional, transitory or saving provision in connection with the expiry of any provision of this Act.

Section 27: Short title

  1. Section 27 provides that the Act may be cited as the Business and Planning Act 2020.

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