31 December 2020: deadline looms for extending certain planning permissions

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With the COVID-19 pandemic causing widespread disruption and delays to construction, the Government passed emergency legislation earlier in the year in the form of the Business and Planning Act 2020 which allowed for the extension of the timescale for the implementation of certain planning permissions.

Under that legislation, consents which lapsed/are due to lapse on a date between 19 August 2020 (when the Act came into force) and 31 December 2020 will automatically be extended to 1 May 2021.

For consents that lapsed between 23 March 2020 and 19 August 2020, whilst these too can be extended to 1 May 2021, action is first needed from the developer/landowner in order to secure that extension – and the clock is very much ticking!

What you need to do

Specifically, the developer will need to apply for and secure the grant of an ‘Additional Environmental Approval’ (AEA) from the local planning authority.  

Detailed government guidance sets out how to make an application, and the details required to be submitted in support but, in summary, the aim is to demonstrate to the local planning authority that there has been no change in environmental circumstances since the lapsed permission was granted.

Once a valid application has been received, the local planning authority is required to notify its approval or refusal within 28 days. Crucially however, no AEAs can be granted after 31 December 2020. With that in mind, applicants will need to submit an application as soon as possible.

Do you require more information regarding the deadline?

If you would like to discuss the deadline further please contact our expert listed below.

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