Extension of certain planning permissions
Due to the circumstances of COVID-19 pandemic, the Business and Planning Act 2020 temporarily modifies the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990 to enable certain planning permissions and listed buildings consents in England which have lapsed, or are due to lapse during 2020, to be extended.
Unimplemented planning permissions that lapse between 19 August 2020 (when the legislation came into effect) and 31 December are automatically extended to 1 may 2021.
A planning permission with a time limit for implementation between 23 March 2020 and 18 August 2020 will only benefit from the statutory extension to 1 May 2021 where Additional Environmental Approval is granted by the local planning authority (or deemed to be granted).
Applications should be determined by the local planning authority within 28 days, beginning the day after the application was sent. The deadline for this type of application is midnight on Wednesday 2 December 2020.
Guidance on the legislation can be found on the Governments website.
Extension of certain planning permissions: guidance
Additional Environmental Approval
There is no fee required for an application for Additional Environmental Approval.
To apply, a request must be made in writing and submitted electronically to firstname.lastname@example.org
There is no set application form.
Applications should provide details of:
- The planning permission to which the applications relates
- The condition(s) which set out the time limit(s) for implementation
- Any conditions(s) or other agreements which relate to environmental mitigation or enhancement measures
- Whether the original permission was subject to an Environmental Impact Assessment and/ or a Habitats Regulation Assessment, applicants should provide a brief explanation of why they:
- If the original planning permission was granted without the need for an Environmental Assessment or a Habitats Regulation Assessment, applicants should provide a brief explanation of why they consider it remains the case that neither of these assessments would be needed if an application for planning permission was being made now
- If the original planning permission was granted without the need for screening for an Environmental Impact Assessment or a Habitats Regulations Assessment, but an applicant thinks that screening might be needed if an applications for planning permission was being made now and that the screening would show that no substantive assessment was required, then it should provide sufficient information to enable the authority to undertake screening within 28 day period
If the original planning permission was subject to one or both of these assessments , or screening for either, applicants should also provide details of:
The original assessment(s) or screening(s) and a summary of the key findings
- Information on any mitigation measures secured to address environmental effects, and the progress toward delivering these measures
- An environmental report containing a reasoned explanation of why in the applicant's view there have been no changes to environmental circumstances which would make the original screening or assessment out of date. For example, it may be appropriate to include:
- An analysis of any further committed development proposals which may affect the assessment of cumulative effects, and why in the applicant's view this does not make the original assessment out of date
- A descriptions of any changes to the factual circumstances of the proposed development, such as a new environmental designation, new environment information or other changes of circumstance, and an analysis of why in the applicant's view this does not make the original assessment out of date
- Any other relevant information which would in the applicant's view support the case that the previous screenings or assessments remain up to date