The Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020
| Year | 2020 |
2020 No. 505
Town And Country Planning, England
The Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020
Made 12th May 2020
Laid before Parliament 13th May 2020
Coming into force 14th May 2020
The Secretary of State has been designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to the environment.
The Secretary of State makes these Regulations in exercise of the powers conferred by that Act, sections 59, 69, 71, 71A(1) and (2), 74 and 333(1) and (2A) of the Town and Country Planning Act 19903and sections 10(3) and 93 of the Planning (Listed Buildings and Conservation Areas) Act 19904.
PART 1
Citation, commencement and application
1. These Regulations may be cited as the Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020 and come into force on 14th May 2020.
2. The amendments made by these Regulations apply in relation to England only.
PART 2
Amendments to the Town and Country Planning (Development Management Procedure) (England) Order 2015
Amendments to the Town and Country Planning (Development Management Procedure) (England) Order 2015
3. The Town and Country Planning (Development Management Procedure) (England) Order 20155is amended in accordance with regulations 4 to 6.
4. In article 15, after paragraph (7) insert—
“7A. Paragraph (7B) applies—
(a) in the case of an application made to a local planning authority to which paragraph (1A), (2), (4), (4A) or (5) applies; and
(b) if the local planning authority to which the application is made is not able to give requisite notice by one or more of the following methods (as may be required by paragraph (1A), (2), (4), (4A) or (5))—
by site display;
by serving the notice on an adjoining owner or occupier; or
by publication of the notice in a newspaper;
because it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.
7B. In a case falling within paragraph (7A), the local planning authority must—
(a) comply with the requirement to give requisite notice as required by paragraph (1A), (2), (4), (4A) or (5) (as the case may be), only to the extent that it is reasonably practicable to do so;
(b) take reasonable steps to inform any persons who are likely to have an interest in the application of the website mentioned in paragraph (7); and
(c) publish the requisite notice on that website.
7C. If the local planning authority complies with the requirements set out in paragraph (7B) that authority is discharged of its obligation to give requisite notice as required by paragraph (1A), (2), (4), (4A) or (5)—
(a) by site display;
(b) by serving the notice on an adjoining owner or occupier; or
(c) by publication of the notice in a newspaper;
in so far as such notice was not given because the authority was not able to do so under paragraph (7A)(b).
7D. In paragraph (7B)(b)—
(a) the persons who are likely to have an interest in an application must include the persons who live or work in, or otherwise have a direct connection with, the area in which the proposed development is located; and
(b) the reasonable steps that are taken by the local planning authority—
may include use of social media and communication by electronic means; and
must be proportionate to the scale and impact of the development.
7F. In paragraph (7A)(b) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).”.
5. In articles 15(7)(c), 33(1)(f) and 34(9)(f) and in the first form in Schedule 3 (in point (f)(ii) at the end), for “14 days” in each place it occurs, substitute “21 days”.
6. In article 40, after paragraph (14) insert—
“15. Paragraph (16) applies if the local planning register authority is not able to comply with the obligation set out in paragraph (12) because it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.
16. If the local planning register authority falls within paragraph (15) that authority must keep the register using electronic storage and must make the register available for inspection by the public on a website maintained by the authority for that purpose.
17. If the local planning register authority complies with the requirements of paragraph (16) that authority is to be treated as having complied with paragraph (12) and the address where the register may be inspected is to be treated as the website where the register is kept.
18. In paragraph (15) “coronavirus” has the same meaning as in article 15(7F).”.
PART 3
Amendments to the Planning (Listed Buildings and Conservation Areas) Regulations 1990
Amendments to the Planning (Listed Buildings and Conservation Areas) Regulations 1990
7. The Planning (Listed Buildings and Conservation Areas) Regulations19906are amended in accordance with regulations 8 to 11.
8. In regulation 2(1), after the definition of “the Act”, insert—
““coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);”.
9.—(1) Regulation 5 is amended in accordance with paragraphs (2) and (3).
(2) Before paragraph (2) insert—
“1C. Paragraph (1D) applies—
(a) in a case to which paragraph (1) applies; and
(b) if the local planning authority to which the application is made is not able to comply with the requirement to—
publish a notice in a local newspaper under paragraph (1)(a); or
display a notice under paragraph (1)(b);
because it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.
1D. In a case falling within paragraph (1C), the local planning authority must—
(a) comply with the requirements set out in paragraph (1)(a) and (b), to publish or display a notice, only to the extent it is reasonably practicable to do so;
(b) take reasonable steps to inform any persons who are likely to have an interest in the application of the website mentioned in paragraph (1)(c); and
(c) subject to paragraph (1G), publish on that website the name of a place within the locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of the publication of that information on the website.
1E. If the local planning authority complies with the requirements set out in paragraph (1D) that authority is discharged of its obligation to —
(a) publish a notice in a local newspaper under paragraph (1)(a); or
(b) display a notice under paragraph (1)(b);
in so far as such notice was not given by the authority because it was not able to do so under paragraph (1C)(b).
1F. In paragraph (1D)(b)—
(a) the persons who are likely to have an interest in an application must include the persons who live or work in, or otherwise have a direct connection with, the area in which the proposed works are located; and
(b) the reasonable steps that are taken by the local planning authority—
may include use of social media and communication by electronic means; and
must be proportionate to the scale and impact of the proposed works.
1G. Paragraph (1H) applies if a local planning authority is not able to comply with the obligation set out in paragraph (1)(a) or paragraph (1D)(c) to make a copy of the application, and of all plans and other documents submitted with it, open to inspection by the public at a place within the locality, at all reasonable hours, because it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.
1H. If a local authority falls within paragraph (1G), that authority must publish the application and all plans and other documents submitted with it, on the website referred to in paragraph (1)(c), and in that case that authority is to be treated as having complied with the requirement to make those documents available for inspection by the public at a place within the locality under paragraph (1)(a) or (1D)(c).”.
(3) After paragraph (2) insert—
“2A. In the case of a local planning authority publishing an application under regulation 3 or 4, and all plans and other documents submitted with it, on a website in accordance with paragraph (1H)), paragraph (2)(c) applies to the determination of that application by the local planning authority.”.
10.—(1) Regulation 5A is amended in accordance with paragraphs (2) to (4).
(2) In paragraph (2) for “(2A)” substitute “(2ZA) and (2A)”.
(3) After paragraph (2) insert—
“2ZA. Paragraph (2ZB) applies—
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