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Business and Planning Act 2020

Sections41

Business and Planning Act 2020

2020 c. 16

An Act to make provision relating to the promotion of economic recovery and growth.

Enacted[22nd July 2020]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1  Consumption of food and drink outdoors

Pavement licences

1 Pavement licences

1 A person whose use or proposed use of any premises in England is or includes relevant use may apply to the appropriate local authority for a licence under this section (a “pavement licence”) in respect of those premises.
2 A pavement licence in respect of any premises is a licence for the licence-holder to put removable furniture on part of a relevant highway adjacent to the premises for either or both of the purposes in subsection (3).
3 The purposes are—
a use of the furniture by the licence-holder to sell or serve food or drink supplied from, or in connection with relevant use of, the premises;
b use of the furniture by other persons for the purpose of consuming food or drink supplied from, or in connection with relevant use of, the premises.
4 In this group of sections “relevant use”, in relation to premises, means either or both of the following—
a use as a public house, wine bar or other drinking establishment;
b other use for the sale of food or drink for consumption on or off the premises.
5 In this group of sections “relevant highway” means a highway—
a to which Part 7A of the Highways Act 1980 applies, and
b which is not over Crown land or maintained by Network Rail.
6 In subsection (1) “appropriate local authority” means the local authority in whose area the premises referred to in that subsection are situated.

2 Applications

1 An application for a pavement licence made to a local authority must—
a be made in writing and in such form as the authority may specify,
b be sent to the authority using electronic communications in such manner as the authority may specify, and
c be accompanied by such fee not exceeding the relevant amount as the local authority may require.
1A In subsection (1)(c), “the relevant amount” means—
a £350, in the case of an application which—
i is made by a person who already holds a pavement licence, and
ii is in respect of the premises to which that existing licence relates (whether or not it is a renewal application), and
b £500, in any other case.
1B The Secretary of State may by regulations amend subsection (1A)(a) or (b) so as to substitute a different amount for the amount for the time being specified there.
2 An application for a pavement licence made to a local authority must—
a specify the premises, the part of the relevant highway and the purpose or purposes specified in section 1(3) to which the application relates,
b specify the days of the week on which, and the times of day between which, it is proposed to put furniture on the highway,
c describe the type of furniture to which the application relates,
d specify the date on which the application is made,
e contain or be accompanied by such evidence of public liability insurance in respect of anything to be done by the licence-holder pursuant to the licence as the authority may require, and
f contain or be accompanied by such other information or material as the local authority may require.
2A If the application is a renewal application—
a subsection (2) does not apply, but
b the application must contain or be accompanied by such information or material as the local authority may require.
3 The local authority to which an application for a pavement licence is made must, in such manner as it considers appropriate—
a publish the application and any information or material required by the local authority under subsection (2)(f), and
b publicise the fact that representations relating to the application may be made to the authority during the public consultation period (and indicate when that period comes to an end).
4 In this group of sections, the “public consultation period” means the period of 14 days beginning with the day after that on which the application is made.
5 A person who applies for a pavement licence must—
a on the day the application is made, fix a notice of the application to the premises so that the notice is readily visible to, and can be read easily by, members of the public who are not on the premises, and
b secure that the notice remains in place until the end of the public consultation period.
6 A notice under subsection (5) must—
a be in such form as the local authority to which the application is made may require,
b state that the application has been made and the date on which it was made,
c indicate that representations relating to the application may be made to the local authority during the public consultation period (and indicate when that period comes to an end), and
d contain such other information or material as the local authority may require.
7 For the purposes of this section an application for a pavement licence is made on the day it is sent to the local authority.
8 A person who applies for a pavement licence is to be taken to have agreed—
a to the use of electronic communications for all purposes relating to the application, and to any licence resulting from the application, which are capable of being carried out electronically, and
b that the applicant's address for the purposes of such communications is the address incorporated into, or otherwise logically associated with, the person's application.
9 Where a person applies for a pavement licence, the person may not make another application for a pavement licence in respect of the same premises before the end of the determination period (see section 3).
10 For the purposes of this section, an application is a renewal application if—
a it is made by a person who already holds a pavement licence,
b it is in respect of the premises to which the existing licence relates, and
c it is for a licence to begin on the expiry of the existing licence and on the same terms.

3 Determination of applications

1 This section applies where an application for a pavement licence is made to a local authority in accordance with section 2.
2 Before making a determination in respect of the application, the local authority must—
a take into account any representations made to it during the public consultation period,
b consult the highway authority for the relevant highway to which the application relates, where the local authority is not that authority, and
c consult such other persons as the local authority considers appropriate.
3 After the end of the public consultation period the local authority may—
a grant a pavement licence to the applicant, or
b reject the application.
4 A pavement licence granted to the applicant may be granted in respect of—
a any or all of the purposes in relation to which the application is made;
b some or all of the part of the relevant highway specified in the application.
5 A local authority may grant a pavement licence under subsection (3)(a) only if the authority considers that, taking into account any conditions subject to which it proposes to grant the licence (as to which, see section 5), nothing done by the licence-holder pursuant to the licence would have an effect specified in subsection (6).
6 The effects referred to in subsection (5) are—
a preventing traffic, other than vehicular traffic, from—
i entering the relevant highway at a place where such traffic could otherwise enter it (ignoring any pedestrian planning order or traffic order made in relation to the highway),
ii passing along the relevant highway, or
iii having normal access to premises adjoining the relevant highway,
b preventing any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order,
c preventing statutory undertakers having access to any apparatus of theirs under, in, on or over the highway, or
d preventing the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.
7 Where a local authority is considering for any purpose of this group of sections whether furniture put on a relevant highway by a licence-holder pursuant to a pavement licence has or would have the effect referred to in subsection (6)(a), the authority must have regard in particular to—
a the needs of disabled people, and
b the recommended distances required for access by disabled people as set out in guidance issued by the Secretary of State.
8 In subsection (6), words and expressions which are also used in Part 7A of the Highways Act 1980 have the same meanings as in that Part of that Act.
9 If the local authority does not make a determination under subsection (3) by the end of the determination period, the licence for which the application was made is deemed to be granted by the authority to the applicant.
10 In this group of sections, the “determination period” means the period of 14 days beginning with the first day after the public consultation period.

4 Duration

1 A pavement licence may be granted by a local authority for such period as the authority may specify in the licence.
2 The period specified may not exceed two years.
3 Where a pavement licence is deemed to be granted under section 3(9) it is F19... deemed to be granted for two years starting with the first day after the determination period.
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5 The licence-holder may surrender a pavement licence at any time by giving notice to the local authority by which it is granted or deemed to be granted.
6 A notice under subsection (5) must be made in writing and sent using electronic communications in such manner as the local authority may specify.

5 Conditions

1 A pavement licence may be granted by a local authority subject to such conditions as it considers reasonable.
2 A local authority may publish conditions subject to which it proposes to grant pavement licences.
3 Where a pavement licence is deemed to be granted by a local authority under section 3(9), it is deemed to be granted subject to any conditions which are published by the local authority under subsection (2) before the day on which the application for the licence was made.
4 To the extent that a pavement licence which is granted or deemed to be granted would not by virtue of the preceding provisions of this section be subject to a no-obstruction condition or a smoke-free seating condition, it is deemed to be granted subject to such a condition.
5 A “no-obstruction condition” is a condition that anything done by the licence-holder pursuant to the licence, or any activity of other persons which is enabled by the licence, must not have an effect specified in section 3(6).
6 A “smoke-free seating condition” is a condition that, where the furniture to be put on the relevant highway consists of seating for use by persons for the purpose of consuming food or drink, the licence-holder must make reasonable provision for seating where smoking is not permitted.
7 In considering for any purposes of this group of sections whether a licence-holder has made reasonable provision for seating where smoking is not permitted, a local authority must have regard to guidance issued by the Secretary of State.
8 The Secretary of State may by regulations—
a specify conditions for pavement licences, and
b make provision as to whether, or the extent to which, those conditions have effect in addition to, or instead of, any other conditions to which pavement licences are subject.

6 Enforcement and revocation

1 If the local authority by which a pavement licence is granted or deemed to be granted considers that the licence-holder has breached any condition of the licence, the authority may—
a revoke the licence, or
b serve a notice on the licence-holder requiring the taking of such steps to remedy the breach as are specified in the notice within such time as is so specified.
2 If a licence-holder on whom a notice is served under subsection (1)(b) fails to comply with the notice, the local authority may—
a revoke the notice, or
b take the steps itself and recover the costs of doing so from the licence-holder.
3 A local authority by which a pavement licence is granted or deemed to be granted may also revoke the licence if it considers that—
a some or all of the part of the relevant highway to which the licence relates has become unsuitable for any purpose in relation to which the licence was granted or deemed to be granted,
b as a result of the licence—
i there is a risk to public health or safety,
ii anti-social behaviour or public nuisance is being caused or risks being caused, or
iii the highway is being obstructed (other than by anything done by the licence-holder pursuant to the licence),
c anything material stated by the licence-holder in their application was false or misleading, or
d the licence-holder did not comply with the duty in section 2(5).
4 A local authority by which a pavement licence is granted or deemed to be granted may, with the consent of the licence-holder, amend the licence if it considers that—
a the condition in subsection (3)(a) or (b) is met, or
b a no-obstruction condition of the licence is not being complied with.

7 Effects

1 A pavement licence authorises the restriction, by anything done by the licence-holder pursuant to the licence, of public access to the part of the relevant highway to which the licence relates.
2 A pavement licence constitutes deemed planning permission for anything done by the licence-holder pursuant to the licence—
a which is development requiring planning permission under Part 3 of the Town and Country Planning Act 1990, and
b for which there would otherwise not be planning permission or deemed planning permission.
3 Anything done by the licence-holder pursuant to a pavement licence is not street trading for the purposes of—
a Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 (street trading),
b Part 3 of the London Local Authorities Act 1990 (street trading), or
c any other enactment under or by virtue of which street trading without a licence or other form of permission is unlawful.
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7 Section 333 of the Highways Act 1980 (saving for rights and liabilities as to interference with highways) applies as if sections 1 to 6 were provisions of that Act.
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7A Enforcement

1 The following provisions of this section apply where—
a a person puts removable furniture on a relevant highway for a purpose specified in subsection (2), and
b the person is not authorised to do so.
2 The purposes referred to in subsection (1)(a) are—
a use of the furniture by the person to sell or serve food or drink supplied from, or in connection with relevant use of, premises which are adjacent to the highway and are used or proposed to be used by the person;
b use of the furniture by other persons for the purpose of consuming food or drink supplied from, or in connection with relevant use of, such premises.
3 The local authority may by notice require the person—
a to remove the furniture before a date specified in the notice, and
b to refrain from putting furniture on the highway unless authorised to do so.
4 If the person leaves or puts removable furniture on the relevant highway in contravention of the notice, the local authority may—
a remove the furniture and store it,
b require the person to pay the authority’s reasonable costs in removing and storing the furniture, and
c refuse to return the furniture until those reasonable costs are paid.
5 If within the period of three months beginning with the day on which the notice is given the person does not pay the reasonable costs, or does not recover the furniture, the local authority may—
a dispose of the furniture by sale or in any other way it thinks fit, and
b retain any proceeds of sale for any purpose it thinks fit.
6 In this section “authorised” means authorised by—
a a pavement licence,
b permission under Part 7A of the Highways Act 1980, or
c permission granted under any other enactment.

8 Local authority functions

1 In exercising its functions under this group of sections a local authority must have regard to any guidance issued under this section by the Secretary of State.
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9 Interpretation

1 In sections 1 to 8 and this section—
  • “Crown land” means land—
    1. belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster,
    2. belonging to the Duchy of Cornwall,
    3. belonging to a government department, or
    4. held in trust for Her Majesty for the purposes of a government department;
  • “determination period” has the meaning given in section 3(10);
  • “enactment” has the same meaning as in the Highways Act 1980 (see section 329 of that Act);
  • “furniture” means—
    1. counters or stalls for selling or serving food or drink,
    2. tables, counters or shelves on which food or drink can be placed,
    3. chairs, benches or other forms of seating, and
    4. umbrellas, barriers, heaters and other articles used in connection with the outdoor consumption of food or drink;
  • “licence-holder”, in relation to a pavement licence, means the person to whom the licence is granted or deemed to be granted;
  • “local authority” means—
    1. a district council in England,
    2. a county council in England for an area for which there is no district council,
    3. a London borough council,
    4. the Common Council of the City of London in its capacity as a local authority, and
    5. the Council of the Isles of Scilly;
  • “pavement licence” is to be construed in accordance with section 1(1);
  • “public consultation period” has the meaning given in section 2(4);
  • “relevant highway” has the meaning given in section 1(5);
  • “relevant use” has the meaning given in section 1(4);
  • “smoking” has the same meaning as in Part 1 of the Health Act 2006;
  • “this group of sections” means sections 1 to 10.
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4 Section 115A(5) of the Highways Act 1980 (references to highways to which Part 7A of that Act applies) applies for the purposes of this group of sections.
5 In reckoning the public consultation period or the determination period, no account is to be taken of—
a Christmas Day,
b Good Friday, or
c a day which is a bank holiday in England under the Banking and Financial Dealings Act 1971.

F910 Expiry of pavement licence provisions

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Alcohol licensing

11 Modification of premises licences to authorise off-sales for limited period

1 The Licensing Act 2003 has effect as if it were subject to the modifications in subsections (2) to (7).
2 The Act has effect as if, in Part 9 (miscellaneous and supplementary), after section 172E there were inserted—
3 Section 8 (requirement to keep a register) has effect as if, in subsection (1), after paragraph (b) there were inserted—
.
4 Section 10(4) (functions not capable of delegation by licensing committee) has effect as if—
a in paragraph (a), after sub-paragraph (xiii) there were inserted—
;
b the “or” at the end of paragraph (d) were omitted;
c after that paragraph there were inserted—
.
5 Section 53 (supplementary provision about review) has effect as if, in subsection (2), after “licence” there were inserted “ , or under section 172G for an off-sales review of any premises licence, ”.
6 Section 57 (duty to keep and produce licence etc) has effect as if—
a after subsection (2) there were inserted—
;
b in subsection (3)(a), after “that summary” there were inserted “ and any section 172F statement ”;
c in subsection (4), for “subsection (2) or” there were substituted “ any of subsections (2) to ”;
d in subsection (5)—
i after “subsection (2),” there were inserted “ (2A) or (2B) ”;
ii after “mandatory conditions” there were inserted “ or a section 172F statement ”;
iii after “the list” there were inserted “ or statement ”;
e in subsection (7), after “conditions” there were inserted “ or section 172F statement ”;
f after subsection (11) there were inserted—
7 Part 1 of Schedule 5 (appeals: premises licences) has effect as if after paragraph 8B there were inserted—
8 In Schedule 1 to the Magistrates' Courts Fees Order 2008 (S.I. 2008/1052), the entry for fee 2.3 has effect as if after “8A(2)(b),” there were inserted “ 8C(2)(a), 8D(2)(a), ”.
9 The Overview and Scrutiny (Reference by Councillors) (Excluded Matters) (England) Order 2012 (S.I. 2012/1022) has effect as if in article 2 (interpretation), in paragraph (a)(ii) of the definition of “licensing decision”, after “decision” there were inserted “ (including an application under section 172G(1) of that Act) ”.
10 In the NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 (S.I. 2012/3094), regulation 14 (responsibilities of directors of public health) has effect as if in paragraph (b)(iv) the reference to section 53C of the Licensing Act 2003 includes a reference to section 172I of that Act (representations by a responsible authority in relation to off-sales reviews of premises licences).
11 The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the end of the relevant period referred to in section 172F(10)(d) of the Licensing Act 2003, as that Act has effect by virtue of subsection (2) of this section.
12 The Secretary of State may by regulations amend section 172K(3) of the Licensing Act 2003 (modifications of Licensing Act 2003 (Premises licences and club premises certificates) Regulations 2005 as applied by section 172K(1)), as that Act has effect by virtue of subsection (2) of this section.
13 Subsections (1) to (10) expire at the end of 31 March 2025.
14 If the Secretary of State considers it reasonable to do so to mitigate an effect of coronavirus, the Secretary of State may by regulations substitute the date for the time being specified in any of the following provisions with a later date—
a section 172F(10)(d)(i) of the Licensing Act 2003, as that Act has effect by virtue of subsection (2) of this section;
b subsection (13) of this section.
15 In subsection (14) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
16 The Secretary of State may by regulations make provision for an enactment to have effect with modifications in consequence of any provision of subsections (1) to (10).
17 Without prejudice to section 14 of the Interpretation Act 1978 (implied power to amend), regulations under subsection (16) may, in consequence of—
a the expiry of a provision of subsections (1) to (10) under subsection (13), or
b the exercise of a power under subsection (14),
amend or revoke any regulations made by the Secretary of State under subsection (16).
18 In subsection (16) “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978).

PART 2  Other measures relating to business

Bounce Back Loan Scheme

12 Removal of powers of court in relation to unfair relationships

In section 140A of the Consumer Credit Act 1974 (unfair relationships between creditors and debtors), after subsection (5) insert—

Goods, passenger and public service vehicles

13 Certificates of temporary exemption for public service and goods vehicles

1 The Road Traffic Act 1988 is amended as follows.
2 For section 48(4) (supplementary provisions about test certificates: certificates of temporary exemption) substitute—
3 For section 53(5)(b) (obligatory goods vehicle test certificates: certificates of temporary exemption) substitute—
4 After section 53(5) insert—

14 Temporary reduction in duration of certain driving licences

1 In relation to a licence that—
a falls within subsection (2), and
b is granted in the period beginning with 17 April 2020 and ending with 24 March 2022,
section 99(1A)(a)(ii) of the Road Traffic Act 1988 (duration of driving licences) has effect as if the reference to the period for which the licence is to remain in force were a reference to one year.
2 A licence falls within this subsection if it is a licence to drive a class of goods vehicle or passenger-carrying vehicle that is—
a the first licence to drive that class of vehicle granted after 16 April 2020 to the applicant, and
b granted without the Secretary of State requiring the applicant to submit a report signed by a qualified medical practitioner in support of the application.
3 But a licence does not fall within subsection (2) if in the 12 month period ending with the date the application is made for the licence—
a the applicant was granted a licence to drive a motor vehicle under Part 3 of the Road Traffic Act 1988, and
b a report signed by a qualified medical practitioner was submitted in support of the application for the licence mentioned in paragraph (a).

15 Temporary reduction in duration of certain driving licences: Northern Ireland

1 In relation to a licence that—
a falls within subsection (2), and
b is granted in the period beginning with 1 August 2020 and ending with 24 March 2022,
Article 15(2)(a) of the 1981 Order (duration of driving licence in certain cases where applicant will not be over 65 when licence commences) has effect as if the reference to the period for which the licence is to remain in force were a reference to one year.
2 A licence falls within this subsection if—
a it is a licence to drive a class of goods vehicle or passenger-carrying vehicle,
b it is the first licence to drive that class of vehicle granted after 31 July 2020 to the applicant,
c it is granted without the Department for Infrastructure in Northern Ireland requiring the applicant to submit a report signed by a qualified medical practitioner in support of the application, and
d the applicant's age exceeds 45 years on the date on which the licence comes into force.
3 But a licence does not fall within subsection (2) if in the 12 month period ending with the date the application is made for the licence—
a the applicant was granted a licence to drive a motor vehicle under Part 2 of the 1981 Order, and
b a report signed by a qualified medical practitioner was submitted in support of the application for the licence mentioned in paragraph (a).
4 In this section “the 1981 Order” means the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

PART 3  Planning

Construction working hours

16 Modification of conditions relating to construction working hours

1 The Town and Country Planning Act 1990 has effect as if it were subject to the modifications in subsections (2) to (4).
2 The Act has effect as if after section 74A there were inserted—
3 Section 78(1) (rights of appeal) has effect as if after paragraph (aa) there were inserted—
.
4 Schedule 1 (local planning authorities: distribution of functions) has effect as if in paragraph 3(1) (functions which are exercisable by district planning authority, subject to exceptions) after paragraph (a) there were inserted—
.
5 Article 40 (register of applications) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595) has effect as if after paragraph (4) there were inserted—
6 Subsections (1) to (5) expire at the end of 1 April 2021.
7 If the Secretary of State considers it reasonable to do so to mitigate an effect of coronavirus, the Secretary of State may by regulations substitute the date for the time being specified in any of the following provisions with a later date—
a section 74B(8) of the Town and Country Planning Act 1990, as that Act has effect by virtue of subsection (2) of this section;
b section 74C(5) of that Act, as it has effect by virtue of subsection (2) of this section;
c subsection (6) of this section.
8 In subsection (7) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Extension of certain permissions and consents

17 Extension of duration of certain planning permissions

1 The Town and Country Planning Act 1990 has effect as if it were subject to the modifications in subsections (2) to (4).
2 The Act has effect as if after section 93 there were inserted—
3 Section 78(1) (rights of appeal) has effect as if before paragraph (b) there were inserted—
.
4 Schedule 1 (local planning authorities: distribution of functions) has effect as if in paragraph 3(1) (functions which are exercisable by district planning authority, subject to exceptions) before paragraph (aa) there were inserted—
.
5 Article 40 (register of applications) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595) has effect as if before paragraph (4A) there were inserted—
6 Subsections (1) to (5) expire at the end of 1 May 2021.
7 If the Secretary of State considers it reasonable to do so to mitigate an effect of coronavirus, the Secretary of State may by regulations substitute the date for the time being specified in any of the following provisions with a later date—
a section 93A(1)(b)(ii) and (2) of the Town and Country Planning Act 1990, as that Act has effect by virtue of subsection (2) of this section;
b section 93B(2)(a) and (12) of that Act, as it has effect by virtue of subsection (2) of this section;
c subsection (6) of this section.
8 In subsection (7) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
9 Where regulations under subsection (7) substitute the date for the time being specified in section 93A(2) or 93B(2)(a) with a later date, the Secretary of State may by regulations make provision requiring an approval to be granted, or deemed to be granted, in relation to a relevant planning permission for the later date to apply in relation to that permission.
10 Regulations under subsection (9) may make provision—
a for an approval to be required only in circumstances prescribed in the regulations or in all circumstances;
b in relation to who may apply for an approval;
c in relation to who may grant an approval;
d in relation to the procedure for applying for an approval or dealing with such an application;
e in relation to the contents of an application for an approval or any evidence or information which must be supplied in support of it,
f in relation to appeals;
g in relation to the circumstances in which an approval must, may or may not be granted;
h in relation to the circumstances in which an approval is to be deemed to be granted;
i applying or corresponding to any of the provision in this section for, or in connection with, additional environmental approvals under section 93B of the Town and Country Planning Act 1990, as that Act has effect by virtue of subsection (2) of this section, with or without modifications.

18 Extensions in connection with outline planning permission

1 The Town and Country Planning Act 1990 has effect as if it were subject to the modifications in subsections (2) to (4).
2 The Act has effect as if before section 94 there were inserted—
3 Section 78(1) (rights of appeal) has effect as if before paragraph (b) there were inserted—
.
4 Schedule 1 (local planning authorities: distribution of functions) has effect as if in paragraph 3(1) (functions which are exercisable by district planning authority, subject to exceptions), before paragraph (aa) there were inserted—
.
5 Article 40 (register of applications) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (S.I. 2015/595) has effect as if before paragraph (4A) there were inserted—
6 Subsections (1) to (5) expire at the end of 1 May 2021.
7 If the Secretary of State considers it reasonable to do so to mitigate an effect of coronavirus, the Secretary of State may by regulations substitute the date for the time being specified in any of the following provisions with a later date—
a section 93D(1)(b)(ii) and (2) of the Town and Country Planning Act 1990, as that Act has effect by virtue of subsection (2) of this section;
b section 93E(1)(b)(ii) and (2) of that Act, as it has effect by virtue of subsection (2) of this section;
c section 93F(2)(a) and (12) of that Act, as it has effect by virtue of subsection (2) of this section;
d subsection (6) of this section.
8 In subsection (7) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).
9 Where regulations under subsection (7) substitute the date for the time being specified in section 93D(2), 93E(2) or 93F(2)(a) with a later date, the Secretary of State may by regulations make provision requiring an approval to be granted, or deemed to be granted, in relation to an outline planning permission for the later date to apply in relation to that permission.
10 Regulations under subsection (9) may make provision—
a for an approval to be required only in circumstances prescribed in the regulations or in all circumstances;
b in relation to who may apply for an approval;
c in relation to who may grant an approval;
d in relation to the procedure for applying for an approval or dealing with such an application;
e in relation to the contents of an application for an approval or any evidence or information which must be supplied in support of it;
f in relation to appeals;
g in relation to the circumstances in which an approval must, may or may not be granted;
h in relation to the circumstances in which an approval is to be deemed to be granted;
i applying or corresponding to any of the provision in this section for, or in connection with, additional environmental approvals under section 93F of the Town and Country Planning Act 1990, as that Act has effect by virtue of subsection (2) of this section, with or without modifications.

19 Extension of duration of certain listed building consent

1 The Planning (Listed Buildings and Conservation Areas) Act 1990 has effect as if after section 18 there were inserted—
2 Subsection (1) expires at the end of 1 May 2021.
3 If the Secretary of State considers it reasonable to do so to mitigate an effect of coronavirus, the Secretary of State may by regulations substitute the date for the time being specified in any of the following provisions with a later date—
a section 18A(1)(b)(ii) and (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990, as that Act has effect by virtue of subsection (1) of this section;
b subsection (2) of this section.
4 In subsection (3) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Procedure for certain planning proceedings

20 Procedure for certain planning proceedings

1 In section 319A(2) of the Town and Country Planning Act 1990 (determination of procedure for certain proceedings under that Act: England)—
a for “whichever of the following ways appears” substitute “ such one or more of the following ways as appear ”, and
b omit “most”.
2 In section 88D(2) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (determination of procedure for certain proceedings under that Act: England)—
a for “whichever of the following ways appears” substitute “ such one or more of the following ways as appear ”, and
b omit “most”.
3 In section 21A(2) of the Planning (Hazardous Substances) Act 1990 (determination of procedure for certain proceedings under that Act: England)—
a for “whichever of the following ways appears” substitute “ such one or more of the following ways as appear ”, and
b omit “most”.

Electronic inspection of spatial development strategy

21 Mayor of London's spatial development strategy: electronic inspection

1 The Greater London Authority Act 1999 has effect as if, in section 43 (publicity and availability of strategies), after subsection (4) there were inserted—
2 Subsection (1) expires at the end of 31 December 2021.
3 If the Secretary of State considers it reasonable to do so to mitigate an effect of coronavirus, the Secretary of State may by regulations substitute the date for the time being specified in subsection (2) with a later date.
4 In subsection (3) “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Local authority meetings

22 Power to make provision relating to local authority meetings

In section 78(7) of the Coronavirus Act 2020 (meaning of local authority: England), after paragraph (r) insert—

PART 4  General

23 Regulations

1 Regulations under this Act are to be made by statutory instrument.
2 Regulations under this Act may make—
a different provision for different purposes;
b different provision for different areas;
c supplementary, incidental, consequential, transitional, transitory or saving provision.
3 A statutory instrument containing regulations under section 2(1B) or 5(8) is subject to annulment in pursuance of a resolution of either House of Parliament.
4 A statutory instrument containing regulations under any of sections 10, 11(12) or (14), 16 to 19 or 21 must be laid before Parliament as soon as reasonably practicable after being made.
5 A statutory instrument containing regulations made under section 11(16)—
a if the regulations only provide for subordinate legislation (within the meaning of the Interpretation Act 1978) to have effect with modifications or to be amended or revoked, is subject to annulment in pursuance of a resolution of either House of Parliament;
b otherwise, must be laid before Parliament as soon as reasonably practicable after being made.
6 Subsections (4) and (5)(b) do not apply if a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
7 Regulations contained in an instrument laid before Parliament by virtue of subsection (4) or (5)(b) cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
8 In calculating the period of 40 days, no account is to be taken of any time during which—
a Parliament is dissolved or prorogued, or
b both Houses of Parliament are adjourned for more than 4 days.
9 Where regulations cease to have effect as a result of subsection (7) that does not—
a affect anything previously done under or by virtue of the regulations, or
b prevent the making of new regulations.

24 Extent

1 Part 1 extends to England and Wales only.
2 In Part 2—
a section 12 extends to England and Wales, Scotland and Northern Ireland,
b sections 13 and 14 extend to England and Wales and Scotland only, and
c section 15 extends to Northern Ireland only.
3 In Part 3—
a sections 16 to 21 extend to England and Wales only, and
b section 22 extends to England and Wales and Northern Ireland.
4 This Part extends to England and Wales, Scotland and Northern Ireland.

25 Commencement

1 Part 1 comes into force on the day on which this Act is passed.
2 In Part 2—
a section 12 is to be treated as having come into force on 4 May 2020, and
b sections 13 to 15 come into force on the day on which this Act is passed.
3 In Part 3—
a section 16 comes into force at the end of the period of 6 days beginning with the day on which this Act is passed,
b sections 17 to 19 come into force at the end of the period of 28 days beginning with the day on which this Act is passed, and
c sections 20 to 22 come into force on the day on which this Act is passed.
4 This Part comes into force on the day on which this Act is passed.

26 Transitional etc provision in connection with expiry

The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the expiry of any provision of this Act.

27 Short title

This Act may be cited as the Business and Planning Act 2020.

Footnotes

  1. F1
    Words in s. 21(2) substituted (15.12.2020) by The Business and Planning Act 2020 (London Spatial Development Strategy) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1529), regs. 1(2), 2
  2. F2
    Word in s. 11(2) substituted (29.9.2022) by virtue of The Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2022 (S.I. 2022/978), regs. 1(2), 2(2)
  3. F3
    Words in s. 11(13) substituted (28.9.2023) by The Alcohol Licensing (Coronavirus) (Regulatory Easements) (Amendment) Regulations 2023 (S.I. 2023/990), regs. 1(2), 2(1)
  4. F4
    S. 7A inserted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 13 (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  5. F5
    S. 7(4)-(6) omitted (31.3.2024) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 10(a) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u) (with reg. 5(2))
  6. F6
    S. 7(8)-(10) omitted (31.3.2024) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 10(b) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u) (with reg. 5(2))
  7. F7
    S. 8(2) omitted (31.3.2024) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 14 (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  8. F8
    S. 9(2)(3) omitted (31.3.2024) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 16 (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  9. F9
    S. 10 omitted (31.3.2024) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 2(1) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  10. F10
    Words in s. 23(3) inserted (E.W.) (31.3.2024) by Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 4 (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  11. F11
    Word in s. 23(4) omitted (E.W.) (31.3.2024) by virtue of Levelling Up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 2(2) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  12. F12
    S. 2(1A)(1B) inserted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 3(3) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u) (with reg. 5(1))
  13. F13
    S. 2(2A) inserted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 5(2) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  14. F14
    S. 2(10) inserted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 5(3) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  15. F15
    Words in s. 2(1)(c) substituted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 3(2) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u) (with reg. 5(1))
  16. F16
    Word in s. 2(4) substituted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 6 (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u) (with reg. 5(1))
  17. F17
    Word in s. 3(10) substituted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 7 (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u) (with reg. 5(1))
  18. F18
    S. 4(1)(2) substituted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 8(2) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  19. F19
    Words in s. 4(3) omitted (31.3.2024) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 8(3)(a) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  20. F20
    Words in s. 4(3) substituted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 8(3)(b) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  21. F21
    S. 4(4) omitted (31.3.2024) by virtue of Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 8(4) (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  22. F22
    S. 6(4) inserted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 9 (with s. 247, Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)