IMPORTANT: New Legislation – relating to publicity of applications, availability of planning register, etc (14/05/2020) …

The following 1 new Statutory Instrument (SI) came into force on 14/05/2020:

New Legislation:

  • May 2020: SI 2020 No. 505 - The Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020 (pdf) (link).

Notes:

  • The above SI 2020 No. 505 makes amendments to the following SIs:
    - DMPO 2015.
    - LBCA Regulations 1990.
    - EIA Regulations 2017.
  • The "Explanatory Note" (link) at the end of the above SI 2020 No. 505 includes the following information:
    - "These Regulations amend the [DMPO 2015], the [LBCA Regulations 1990] and the [EIA Regulations 2017] to enable applications for planning permission, applications for listed building consent, applications for variation or discharge of conditions attached to listed building consent, applications for planning permission affecting the setting of listed buildings or affecting the character and appearance of a conservation area and applications by local planning authorities for listed building consent for the demolition, alteration or extension of a listed building in their area, to be publicised by electronic means during the period when it may be difficult to provide such publication by site display, by service of notice on an adjoining owner or occupier and in newspapers, due to the effect of coronavirus, including restrictions on movement.".
    - "Regulation 4 of these Regulations inserts new provisions into article 15 of the [DMPO 2015] to enable local planning authorities who are unable to give requisite notice by site display or by serving notice on an adjoining owner or occupier or by publication of the notice in a newspaper to instead publicise the notice by electronic means.".
    - "Regulation 5 makes further amendments to articles 15 and to articles 33 and 34 of the [DMPO 2015] to allow for a longer period of time for representations to be made once notice is given by publication in a newspaper or website.".
    - "Regulation 6 inserts new provisions into article 40 of the [DMPO 2015] to remove the obligation on local planning authorities to make their planning register available for physical inspection, if they are unable to do so, and to require them to publish it online instead.".
    - "Regulations 8, 9, 10 and 11 insert new provisions into regulations 2, 5, 5A, and 13 of the [LBCA Regulations 1990] to enable local planning authorities who are unable to advertise an application by site display or by publication of a notice in a newspaper, or make it available for physical inspection, to publicise the application and make it available for inspection by electronic means.".
    - "Regulation 14 inserts new provisions into regulation 19 of the [EIA Regulations 2017] in order that service, submission, sending or forwarding of the environmental statement, or related documents, must be done so by electronic means where possible, and that service on an address shall be read to include an email address. Regulation 15 inserts new provisions into regulation 20 of the [EIA Regulations 2017] to enable an applicant who is unable to give requisite notice by site display or by publication of the notice in a newspaper to instead publicise the notice by electronic means.".
    - "Regulation 16 inserts new regulation 23A into the [EIA Regulations 2017] and provides an exception to the requirement to ensure availability of copies of environmental statements at a named address but instead requires that notices publicise where the environmental statement is available online.".
    - "Regulation 17 amends regulation 25 of the [EIA Regulations 2017] and inserts new provisions to enable the recipient of further information and evidence respecting environmental statements who is unable to give requisite notice by publication of the notice in a newspaper to instead publicise the notice by electronic means, and to remove the requirement for physical inspection of copies of that information at an address.".
    - "The amendments made by these regulations are time limited and will expire on 31 December 2020.".

Other Sources of Information:

  • May 2020: Explanatory Memorandum to SI 2020 No. 505 (pdf) (link).
  • Ongoing (from March 2014 onwards): MHCLG "Planning practice guidance" (link).
    - New section: "Consultation and pre-decision matters" > "COVID-19" (link).
  • May 2020: MHCLG "Coronavirus (COVID-19): planning update" (link).

Updates to the Planning Jungle website: