Extension of certain planning permissions

Planning permissions and listed building consents with an expiry date between the start of lockdown and the end of 2020 will be extended to 1 May 2021.

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 application.

The Business and Planning Act 2020 temporarily modifies the Town and Country Planning Act 1990 and the Planning (Listed Buildings and Conservation Areas) Act 1990. It enables certain planning permissions and listed building consents in England which have lapsed or are due to lapse during 2020 to be extended.

Read the full guidance

• GOV.UK guidance: Extension of certain planning permissions

Expired permissions

It should be noted that permissions that expired between 23 March 2020 and 19 August 2020 require an application for Additional Environmental Approval. Legal advice has been obtained with regards to how the Habitats Regulation Assessment (HRA) regarding the Epping Forest Special Area of Conservation (EFSAC) impacts on this application

This determined that any application granted consent between 23 March 2017 and 19 August 2017 that would result in adverse impacts on the EFSAC will not likely be extended and a full planning consent would instead be required, which would currently be held in abeyance due to the impact on the EFSAC. The reasoning for this is stated below.

Section 93B(8) of the Town and Country Planning Act provides that an AEA can be granted if, and only if, the habitats requirement is met. Section 93B(10) explains what this means, namely that if the application for planning permission were to be made at the date of decision:

• It would not require a HRA, or
• If an HRA would be required, an HRA was carried out before the grant of permission originally and it was ascertained that the development would not adversely affect the integrity of the EFSAC and we are satisfied that the assessment remains up to date

Therefore any application for AEA will require us to ‘screen’ the development for recreational and air quality impacts on the EFSAC. If there would be no impact on the EFSAC then an AEA can be granted.

If there would be an impact then consideration is required as to whether the original application was accompanied by an HRA. If no HRA was originally submitted then the AEA will be refused.

If a HRA was submitted with the original application then we must determine whether this remains up to date. It is unlikely that any prior HRA which only dealt with the issue of recreational impacts and not air quality impacts will be considered up to date. Therefore, in such cases, the AEA will be refused. If the HRA does remain up to date then the AEA can be granted.

The guidance is quite clear that the AEA process does not envisage any form of shadow HRA to be submitted, as that would be an indicator that the HRA does not remain up to date. However you may submit information to demonstrate that the previous HRA remains up to date, including as a consequence of legal judgments which may have been given between the date of original determination and the application for AEA.

Additional Enviromental Approval (AEA)

If an application for Additional Enviromental Approval is required, please send us all the relevant information required:

• Email planningapps@eppingforestdc.gov.uk