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Extension of certain planning permissions

Temporary modification of the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990 have been made to enable certain planning permissions and listed building consents in England which have lapsed or are due to lapse during 2020 to be extended.

The Business and Planning Act 2020

Business and Planning Act 2020 (external website)

This 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 building consents in England which have lapsed or are due to lapse during 2020 to be extended.

This is in recognition of the effect coronavirus has had on the planning system and the construction sector and in particular the delays it has caused to the commencement of new development. This extension will allow the commencement of the planning permissions and listed building consents without the need for a new planning application. The process for an extension of planning permission depends on the date the permission will expire - see the two scenarios below.

Unimplemented outline planning permissions are subject to extension in the same way as other planning permissions but in addition, any deadline for the submission of applications for the approval of reserved matters which would otherwise expire between 23 March 2020 and 31 December 2020 is automatically extended to 1 May 2021.

Permissions due to expire between 19 August 2020 and 31 December 2020

Applicants are not required to take any further action for this to take effect, however if you require confirmation of this extension please send an e-mail to planning@eastriding.gov.uk. The request should clearly indicate in the subject heading 'confirmation of permission expiry date' quoting the planning application reference. We will respond to you by return e-mail.

Permissions that expire between 23 March 2020 and 19 August 2020

Unimplemented planning permission with a time limit for implementation between 23 March 2020 and 19 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).

There is no fee for this approval and this should be applied for by or on behalf of any person with an interest in the land.

Applications for Additional Environmental Approval should be made in writing and submitted by e-mail to planning@eastriding.gov.uk. The application should clearly indicate in the subject heading that the request is to 'determine whether Additional Environmental Approval should be granted'. A decision has to be provided within 28 days of receipt, otherwise approval is deemed to have been granted. The purpose of this procedure is only to determine whether environmental circumstances have changed and require an Environmental Impact Assessment or Habitats Regulations Assessment before the permission can be extended.

Further guidance, including details of the information required as part of the e-mail submission for Additional Environmental Approval can be found on the GOV.UK website:

GOV.UK - Extension of certain planning permissions: guidance (external website)

Please note: that the extension of any Listed Building Consent between 23 March and 31 December 2020 to 1 May 2021 is automatic and does not require Additional Environmental Approval.

Deadline to apply for extension

Applicants will be able to apply for Additional Environmental Approval up until 31 December 2020.

No Additional Environmental Approval may be granted or deemed to be granted after 31 December 2020 (except on an appeal lodged on or before that date).

This means that, in order to be certain that a decision to grant or refuse Additional Environmental Approval will be made one way or the other (or that failing that Additional Environmental Approval will be deemed to be granted), applicants should submit applications no later than 2 December 2020. In practice, applicants should aim to submit comfortably in advance of that date, to allow time to resolve any issues as to whether sufficient information has been supplied and/or to allow the applicant and local planning authority to agree an extension to the determination period.

Where an application is submitted after 2 December 2020, the local planning authority may still determine the application up to 31 December 2020. But there will be no deemed grant of Additional Environmental Approval if the local planning authority fails to do so. This is because, in those circumstances, there is not enough time for the 28-day period to elapse before 31 December 2020.

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