The Government have brought in new legislation to extend planning permissions which would have expired during lockdown and beyond.
Permissions expiring before 23 March 2020
Permissions which were due to expire before 23 March 2020 are unaffected and will have expired unless they were (lawfully) begun before they expired.
Permissions expiring between 23 March 2020 and 19 August 2020
Unimplemented planning permissions with time limits for implementation which passed between 23 March 2020 and 19 August 2020 are restored and the time limit extended to 1 May 2021, subject to Additional Environmental Approval being granted by the local planning authority (or deemed to be granted). No fee is payable for this approval.
Permissions expiring between 19 August and 31 December
Permissions which would have expired during this period are automatically extended to 01 May 2021. No additional approvals are required.
Permissions expiring after 31 December 2020
Permissions expiring after 31 December 2020 are unaffected by the Business and Planning Act 2020.
Permissions subject to legal challenge
Permissions which have been subject to proceedings to challenge the validity of a grant of planning permission are already automatically extended by one year.
Outline Permissions
The expiry of outline permissions is extended as above.
All outline permissions will have a condition which requires the submission of reserved matters within a specified time period. Any deadline for submission of reserved matters which would otherwise expire between 23 March 2020 and 31 December 2020 is extended to 01 May 2021.
Listed Building consent
All listed building consents with a time limit for implementation between 23 March 2020 and 31 December 2020 will be extended to 1 May 2021. Listed building consents will not be subject to a requirement to obtain Additional Environmental Approval.
Permissions already commenced
No action is required in respect of those permissions which were lawfully commenced within the original deadlines.
Confirmation of commencement
The lawfulness of commencement of development can be confirmed by a certificate of lawfulness.
If you require assistance with Additional Environmental Approval, advice on lawful commencement or a certificate of lawfulness please contact a member of our planning team.