England’s chief planner Steve Quartermain has encouraged local planning authorities to use technology to continue their service and ensure that discussions and consultations can go ahead during the outbreak of coronavirus (Covid-19).
Content covers a range of issues, notably around advice in light of the COVID-19 pandemic, including:
- A written ministerial statement urging planning authorities to apply pragmatism to the enforcement of food delivery restrictions.
- How the Planning Inspectorate (PINS) will carry out its duties.
- Planning regulations in England will be relaxed so that pubs and restaurants can operate as hot food takeaways, which has necessitated a temporary change to permitted development rights.
- The postponement of neighbourhood plan referendums. To minimise the financial impact of any delays to referendums, local planning authorities will be able to submit claims for New Burdens grant at an earlier point in the neighbourhood planning process in 2020/21.
The letter covers wider planning issues such as:
- Planning for the Future, which sets out several planning reforms ahead of the publication of the planning white paper later this spring.
- The Building Better, Building Beautiful Commission and how the housing secretary has indicated that the government will look to ‘take forward many of the commission’s recommendations and will publish its response alongside the planning white paper’.
- The Aggregate Mineral Survey for England and Wales 2019 – MHCLG has appointed the British Geological Survey to undertake the national collation for 2019.
England’s Chief Planner writes:
Decision Making
We understand that some councils are concerned about the implications of COVID- 19 for their capacity to process planning applications within statutory timescales. It is important that authorities continue to provide the best service possible in these stretching times and prioritise decision-making to ensure the planning system continues to function, especially where this will support the local economy.
We ask you to take an innovative approach, using all options available to you to continue your service. We recognise that face-to-face events and meetings may have to be cancelled but we encourage you to explore every opportunity to use technology to ensure that discussions and consultations can go ahead. We also encourage you to consider delegating committee decisions where appropriate. The Government has confirmed that it will introduce legislation to allow council committee meetings to be held virtually for a temporary period, which we expect will allow planning committees to continue.
We encourage you to be pragmatic and continue, as much as possible, to work proactively with applicants and others, where necessary agreeing extended periods for making decisions.
We recognise that there may be circumstances where a local planning authority is unable to consider a permitted development prior approval application within the deemed consent period. It remains important to prioritise these so important economic activity can continue. In these exceptional circumstances the authority can, if necessary, seek to agree an extended approval date with the applicant. Where agreement cannot be reached an authority may need to consider whether prior approval is refused if the application cannot be considered with the requisite attention.
Enforcement
A Written Ministerial Statement was published on Friday 13 March which urges local planning authorities to apply pragmatism to the enforcement of restrictions on food and other essential deliveries at this time. Local planning authorities should also use their discretion on the enforcement of other planning conditions which hinder the effective response to COVID-19.
Planning Inspectorate guidance
In response to the spread of COVID-19, the Planning Inspectorate (PINS) has published guidance on how it will continue to carry out its duties under the Town and Country Planning Act 1990, the Planning and Compulsory Purchase Act 2004 and the Planning Act 2008. While some site visits, hearings, inquiries and events will have to be cancelled or postponed, PINS is considering alternative arrangements where possible.
PINS will keep its guidance under review, which could change at short notice to reflect the Government’s wider advice. It is recommended that you check the PINS website regularly for updates.
MHCLG Planning casework
The Planning Casework Unit (PCU) at MHCLG will be continuing to deal with its regular range of cases. However, as all staff are following the Prime Minister’s advice aimed at limiting the spread of COVID-19 and are largely working from home, PCU will not be able to receive or process hard copy correspondence.
All correspondence for the Unit should be sent electronically to:
• PCC@communities.gov.uk for recovered appeals and applications which have been called in by the Secretary of State.
• PCU@communities.gov.uk for all other case types.
It would be very helpful if local planning authorities could help to publicise this.
Permitted Development Rights
The government has made clear that all pubs, restaurants and cafes should no longer be open for on-site consumption but can remain open to provide a takeaway service and that this right will be enshrined in legislation with a permitted development right (PDR) coming into force at 10am on Tuesday 24 March for a 12 month period.
To support pubs and restaurants and ensure access to food during the emergency period, this new national PDR will enable pubs, restaurants and cafes to operate temporarily as hot food takeaways (A5 use class). To give greater flexibility, the PDR will also seek to cover cold and pre prepared food and will allow for takeaway and delivery. The pub, restaurant or cafe? will remain in its current use class during this period. The PDR will be time limited to 12 months. Beyond this time, a planning application would be required for continued use as a takeaway.
Plan-making
We understand that local planning authorities may also be concerned about the implications of COVID-19 on their capacity to prepare and progress local plans and support neighbourhood planning. We encourage all local planning authorities to continue, as much as possible, to work proactively with their community and other stakeholders to progress plans, even if some adjustments to timetables are necessary.
Neighbourhood Planning Referendums
We understand there are concerns about holding scheduled neighbourhood planning referendums at this time.
As set out in a Written Ministerial Statement on 19 March, the Government will give its full support to Returning Officers and others running polls who make the decision to suspend their polls.
Neighbourhood Planning New Burdens Funding
In order to minimise the financial impact of any delays to neighbourhood planning referendums, we will allow local planning authorities in 2020/21 to submit claims for New Burdens grant at an earlier point in the neighbourhood planning process. A claim will be able to be made at the point when the local planning authority issues a decision statement (as set out under Regulation 25 of the Neighbourhood Planning (General) Regulations 2012 detailing its intention to send the plan to referendum rather than when a referendum date has been set.
Wider Planning Updates Planning for the Future
The Coronavirus Bill, introduced into Parliament on 19 March, contains provisions to enable the postponement of electoral events, including neighbourhood planning referendums, over the course of the year.
On 12 March the Secretary of State made an important statement on Planning for the Future. It sets out a number of housing and planning reforms, including the intention to bring forward a bold and ambitious Planning White Paper this Spring.
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Building Better Building Beautiful Commission publishes report
The Building Better, Building Beautiful Commission was established in November 2018 to advise the Government on how to promote high-quality design for new buildings and neighbourhoods, making them more likely to be welcomed, rather than resisted, by existing communities. The Commission’s final report was published on 30 January. The Secretary of State has indicated that the government will look to take forward many of the Commission’s recommendations and will publish its response alongside the Planning White Paper.
The Secretary of State has already announced that he intends to produce a National Model Design Code by Autumn to set clearer and more predictable parameters for securing well-designed places…
For more background see Planning Portal
