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COVID-19 - Permitted development rights

Planning | Article

Recent amendments have been made to planning legislation by the Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 No.412 to allow emergency development by a local authority or health service body. This came into force on 9 April 2020.

The legislation defines a ‘health service body’ to include NHS Trusts and NHS Foundation Trusts. There are geographical, spatial and height restrictions where development is not permitted, but it otherwise allows NHS Trusts to undertake development for the purposes of preventing an emergency, reducing/controlling/mitigating the effects of an emergency or taking other action in connection with an emergency. For example, providing testing tents, new buildings and enlarging existing buildings in the Covid-19 crisis.

The right is subject to a condition that any operational development is removed and the land restored within 12 months from the permitted use ceasing.

A full copy of the legislation can be found here.

When do the permitted development rights not apply?

  • If any part of the development is on land, which is a military explosive storage area, a site of special scientific Interest (SSSI) or contains a scheduled monument.
  • If any part of the development would be carried out within five metres of any boundary of a dwellinghouse.
  • If any part of the new building is within ten metres of any boundary and the height exceeds six metres. The same height restrictions also apply to additions or enlargements to existing buildings.
  • If the heights of any new buildings exceed the height of the highest part of the roof of the original building, or a height of 18 metres, whichever is greater. The same height restrictions also apply to additions or enlargements to existing buildings – If any moveable structure, works, plant or machinery required temporarily are located in a position within ten metres of the curtilage of a dwellinghouse, or within five metres of the site boundary.

It is important to remember that any development close to the site boundary, or close to residential dwellings, will trigger the requirement for a planning application.

NHS Trusts should be made aware that the Local Planning Authority must be notified following commencement of any permitted development.

Contact us

For advice and support to carry out development for the purpose of tackling the COVID-19 crisis, or any other planning query, contact Brian Mullin or Sachin Parmar in our planning consultancy team, Marrons Planning.

Shakespeare Martineau has launched a free legal helpline offering bespoke guidance on a range of subjects from employment and general business matters, through to director’s responsibilities, insolvency, restructuring, funding and disputes. We also have a team of experts on hand for any queries on family and private matters too. Available from 10am-12pm Monday to Friday, call 0800 689 4064.

General advice in relation to COVID-19 can be found on our dedicated coronavirus resource hub.

Published: 12th May 2020
Area: Development Strategy

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