Planning response to the lockdown.

The planning system has adopted a pragmatic and forward-thinking approach to the limitations caused by the lockdown. Regulations were quickly introduced by the Government to allow local authority meetings to take place virtually. This new power has generally been met with optimism. We have received feedback which confirms that pre-application discussions have been positive and effective via digital platforms. Although these virtual processes do invariably limit public participation there has generally been a collaborative approach and spirit of engagement by all parties.    

Temporary Permitted Development Rights and Change of Use

Businesses selling food and drink were forced to close on 21 March 2020. The Government quickly introduced a new permitted development right pursuant to the Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2020 ( the "Order"). The Order allows restaurants, cafes and drinking establishments to operate takeaway services, as well as allowing health care bodies to change the use of buildings to provide for make-shift hospitals. This PD right is effective until March 2021. The use of this right could be far-reaching, as definitions within the regulations are very broad. We are yet to see the outcome of this, however it's predicted that commercial premises will be temporarily changed into testing units in the coming months.

                                                                                                                The Planning Inspectorate Response 

The Planning Inspectorate (PINS) has been somewhat slow to adapt to the pandemic, originally postponing all inquiries, hearings and site visits. However, PINS has now remotely made five local plan advisory visits and will hold its first digital appeal hearing in May.  PINS has confirmed that it aims to build capacity over the next six months so that most cases can take place either fully or partly online by then.  PINS wish to ensure this new model provides fair decisions and recommendations under the pressure of the pandemic, as well as in the future. Many appeals are now also being dealt with via written representations in order to increase the chances of the appeals being determined. 

 CIL 

The Community Infrastructure Levy Regulations 2010, as amended ("CIL") provide for a very strict  and inflexible planning tax regime. In the lockdown the application of CIL has potentially catastrophic consequences for many developers due to its lack of flexibility and strict interpretation.

East Suffolk Council

is the first local authority, of hopefully many, that is reviewing the position on CIL to ease the cash flow constraints for developers. East Suffolk Council is issuing 3 month extensions on commenced developments that have triggered CIL instalments and pausing CIL debt recovery for 3 months. We hope to see other local authorities follow this innovative and forward-thinking approach.

There remain a number of challenges for the planning system including addressing the issue of planning permissions which are due to expire in the pandemic.   A possible solution is to introduce legislation to extend the time limit for those planning permissions to be implemented.  Additional challenges for the planning system include the inevitable delays with planning appeals and determination of all types of applications. However, there has been a real spirit of collaboration which is something to be celebrated in these challenging times.