The Business and Planning Act contains temporary provisions to extend the life of a planning permission. Any planning permission or outline permission that expires on or after the 19 August 2020 until 30 December 2020 will be automatically extended to expire on 1 May 2021.
No notification will be issued by the Council unless a developer asks for this, in which case, we will provide a written confirmation as quickly as possible. Developers can also make an application for a certificate of lawfulness, if they so wish, if they require further substantive evidence that the permission has been extended.
Listed Building consents between 23 May 2020 and 31 December 2020 will be extended to 1 May 2021.
Where a planning permission or outline planning permission has expired between 23 March 2020 and 19 August 2020, an application for an Additional Environmental Approval (AEA) will be required before the permission may benefit from any sort of extension under the new Regulations. Such an application is made in writing electronically to email@example.com and the Local Planning Authority has 28 days in which to respond, unless an Extension of Time is agreed, otherwise the application is deemed to have been consented.
Sufficient information must be included within the application to identify the relevant planning permission and to determine whether the AEA should be granted. The key test for the AEA is what would be required of the development proposal were being considered in detail at this point in time and if the existing Environmental Impact Assessment (EIA) or Habitats Regulation Assessment (HRA) is now out of date, or if an EIA or HRA is not required, the AEA should be refused.
Where the original permission was not subject to either an EIA or HIA, the application should include a statement and a brief explanation as to why the development still does not require an EIA or HRA.
Anyone can apply for Additional Environmental Approval with an interest in the land to which the permission relates.
Applications for Additional Environmental Approval must;
- be made in writing and sent to the local planning authority using electronic communications to firstname.lastname@example.org;
- specify the date on which the application is sent,
- give sufficient information to enable the authority to identify the relevant planning permission in respect of which it is made,
- give sufficient information to enable the authority to identify the conditions which set out the time limits for implementation; and
- give sufficient information to enable the authority to determine whether the additional environmental approval should be granted.
Applicants should also provide details of;
- Any conditions or other agreements which relate to environmental mitigation or enhancement measures
- Whether the original permission was subject to an EIA and or a Habitats Regulation Assessment, or screening for either type of assessment.
If the permission was subject to one of both of these assessment or screening for either applications should also provide details of;
- The original assessment or screening and a summary of the key findings
- Information on any mitigation measures secured to address environmental effects and the progress towards delivering these measures
- An environmental report containing a reasoned explanation of why there have been no changes to environment circumstances which would make the original screening or assessment out of date
- Any other relevant information which would support the case that the previous screenings or assessments remain up to date
If the original planning permission was granted without the need for an EIA or a Habitats Regulation Assessments, applicants should provide a brief explanation of why they consider it remains the case and neither would be needed for planning permission to be granted now.
There is no application fee associated with this deemed consent route to extend a planning permission.