Changes to Permitted Development Rights from 3 December 2020

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In September 2020, the Government amended the Town and Country Planning (Use Classes) Order 1987 and the Town and Country Planning (General Permitted Development)(England) Order 2015. This was swiftly followed by the Town and Country Planning (General Permitted Development)(England)(Amendment) Regulations 2020, which were brought in to amend the 2015 Order.

These amendments and regulations aim to boost England’s economy throughout the pandemic by increasing large-scale building projects and encouraging a more flexible use of existing premises. The major regulations are listed in various parts of Schedule 2 of the 2020 Regulations. They came into force on 3 December 2020 and are summarized below.

Class DA (Part 4) and BA (Part 12)

Restaurants, cafes and drinking establishments with expanded food provisions can be used for the provision of takeaway food.

Class B (Part 11)

Planning permission is now required to demolish a building used as a concert hall, theatre or live music venue.

Class A (Part 12A)

Local authorities and health service bodies have a temporary right to develop land owned, occupied or maintained by them in order to address emergencies until 31 December 2021. This extends the existing temporary right by one year.

Class Q (Part 19)

The time limit for removing buildings, plants, machinery and other permitted erections (and restoring land to its original condition) where development is carried out by or on behalf of the Crown in order to deal with emergencies has been extended from 6 months to 12 months.

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