From 28 July 2020 under the Business and Planning Act an applicant can now seek to vary a condition relating to the working hours of the construction of the development, which if approved would temporarily amend the planning restrictions on construction hours until April 2021 (unless earlier date or another date is decided).

Such an application is made in writing electronically and the Local Planning Authority has 14 days (excluding bank holidays) in which to respond otherwise it is deemed to have been consented and construction can take place in accordance with these new hours. 

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.

Applications for modification of a condition relating to construction hours must be;

  • made in writing and submitted electronically to the Local Planning Authority to planning@welhat.gov.uk
  • The date the application is sent
  • The planning permission to which the application relates
  • give sufficient information to enable the authority to identify the condition or approved document in respect of which it is made
  • the proposed modifications to the condition or approved document,
  • the date from which it is proposed the modifications should take effect,
  • the date at the end of which it is proposed the modifications should cease to have effect, (no later than 1 April 2021) and
  • 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.

 

To aid swift decision making, applicants should also provide;

  • Justification on why extended hours are necessary to enable safe working practices on site
  • A list of the primary construction activities, expected to take place during the extended working hours, including plant and equipment to be used
  • A proportionate assessment of the likely impact of noise upon sensitive uses near to the site (dwellings, hospitals)
  • Details of their mitigation plan

 

Fee

There is no application fee associated with this deemed consent route to amend construction working hours.