Home Resources Legal Updates September 2020

Business and Planning Act 2020

10 September 2020

Amends/Commences:
1.    The Town and Country Planning Act 1990
2.    The Planning (Listed Buildings and Conservation Areas) Act 1990
3.    Planning (Hazardous Substances) Act 1990
4.    Greater London Authority Act 1999
5.    Road Traffic Act 1988

Comes into force: 22nd July 2020

Jurisdiction: UK

This Act has been brought into force to support economic recovery and growth following the disruption caused by COVID-19. It makes temporary and permanent changes to the planning regime in the UK.

Pavement licences

Part 1 of the Act deals with ‘pavement licences’ which can be applied for by businesses selling food and drink from the local authority for the placement of furniture, such as tables and chairs, on the pavement outside their premises. Alcohol licensing changes are made to allow relevant businesses to serve alcohol for consumption off the premises.

Amendment of The Town and Country Planning Act 1990

Part 3 of this Act amends the Town and Country Planning Act 1990 (‘the 19901 Act’) to reduce planning restrictions on construction site working hours to temporarily allow extended working hours. This is in order to allow developments which have been delayed due to COVID-19 to proceed at an increased pace if required.

In addition, the expiration of certain un-implemented planning permissions are automatically extended to enable planned developments to be commenced over the next year.

Amendment of The Planning (Listed Buildings and Conservation Areas) Act 1990

The expiration of certain unimplemented listed building consents are automatically extended to enable planned works to start over the next year. This is due to delays experienced within the construction sector because of the COVID-19 pandemic.

Amendment of Planning (Hazardous Substances) Act 1990

Part 3 of this Act amends the Planning (Hazardous Substances) Act 1990 to change the powers for local planning authorities in England to determine which planning procedure should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic.

Amendment of Greater London Authority Act 1999

The requirements for the Mayor of London to make the current Spatial Development Strategy (SDS) available for physical inspection and to provide hard copies on request are temporarily removed due to the current COVID-19 pandemic.

Amendment of Road Traffic Act 1988

Part 2 of this Act amends the Road Traffic Act 1988 in relation to certificates of temporary exemption to goods vehicles and public service vehicles. A test certificate issued within the past year is usually required to drive a heavy vehicle. Certificates of temporary exemption have been issued to all heavy vehicles that were due to be tested from late March onwards following disruption to the testing regime caused by COVID-19.

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