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Time-limited permitted development right comes into force

by on April 9, 2020

A time-limited permitted development right has been published today, 9 April at 10:00 and will remain until 31 December 2020.

The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 No. 412 with Explanatory Memorandum has been published on Legislation.gov.

The regulations provide a new time limited emergency permitted development right and supports health service bodies and local authorities’ immediate response to coronavirus.

The right is wide ranging, allowing for

  • development by or on behalf of a local authority or health authority body for the purposes of preventing an emergency;
  • reducing, controlling or mitigating the effects of an emergency; and
  • taking other action in connection with an emergency.

The right enables development including, but not limited to, change of use for existing buildings and new temporary modular buildings. The right could be suitable to provide permission for a range of uses including use as:

  • Hospitals
  • health facilities
  • testing centres
  • coroner facilities
  • mortuaries
  • additional residential accommodation
  • storage and distribution, including for community food hubs.

There is no application process, and health service bodies and local authorities who are not the planning authority are required only to notify the local planning authority of the use of the development on a site as soon as practicable after commencing development.  It is expected this will be by e-mail or in writing.

3 Comments
  1. Dilbagh SIDDIQUI permalink

    Time-limited permitted development right comes into force
    I have a vacant shop which I would like to convert into 2BR residential flat. Also the flat above the shop needs to be slightly extended and modernized. Do I need to apply for planning permission or can I develop under the new rules.

    • Dr. Hugh Pratt permalink

      Presume you are not a ” health service bodies”? So not applicable to you!

    • Portal Director permalink

      These new rules are specific to ‘emergency developments’ for local authorities and public health bodies.

      However, a much wider set of existing permitted development rules (including change of use from a ‘mixed use’ of shops/residential to a purely residential use), and your proposals may be eligible for them if they meet the conditions and limitations specified in the rules.

      It will require either a ‘prior approval’ application if eligible for permitted development, or a full planning application if not. Both of these can be made online via the Planning Portal.

      Either way, we would advise that you discuss the specifics with the local authority in advance to determine the best way forward.

Please give us your feedback but we won’t publish any comments that are not constructive or that criticise any individual, any named business or any local authority. Please note, all comments will be moderated before being published.

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