Town and Country Planning Act 1990 (1990 c.8) as amended

Business and Planning Act 2020 (c.16) 

Part 3 of this Act amends the Town and Country Planning Act 1990 (‘the 19901 Act’) to reduce planning restrictions on construction site working hours to temporarily allow extended working hours. This is in order to allow developments which have been delayed due to COVID-19 to proceed at an increased pace if required. 

A new section is added into the 1990 Act to allow a modification to the restrictions of working hours to be applied for in writing electronically. This can be either to extend the permitted hours or to allow construction activity to take place on a day that it is not currently permitted. This extension can only be until 1st April 2021. If an authority does not give its decision within 14 days (beginning with the day after that on which the application is sent to the authority) then the condition is deemed to be modified as set out in the application and can be implemented. 

In addition, the expiration of certain un-implemented planning permissions are automatically extended to enable planned developments to be commenced over the next year. The new section 93A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This again is due to delays experienced within the construction sector because of the COVID-19 pandemic. 

Un-implemented planning permissions with time limits for implementation which passed between 23rd March 2020 and 19th August 2020 are also restored and the time limit extended to 1st May 2021, subject to ‘additional environmental approval’ being granted. An application for additional environmental approval must be made in writing and submitted electronically to the local planning authority by a person with an interest in the relevant land. 

In the application for additional environmental approval, details of the following have to be provided: 

  • the planning permission to which the application relates; 
  • the condition(s) which set out the time limit(s) for implementation; 
  • any condition(s) or other agreements which relate to environmental mitigation or enhancement measures; and
  • whether the original permission was subject to an Environmental Impact Assessment (EIA) and / or a Habitats Regulation Assessment (HRA), or screening for either type of assessment. 

Further information will be required if the original planning permission was subject to an EIA and / or a HRA, including the original assessment(s) or screening(s) and a summary of the key findings. Additional environmental approval can be applied for up until 31st December 2020. 

Another change made is the powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic. [August 2020] 

The Planning (Listed Building and Conservation Areas) Act 1990 (1990 c.9) as amended

Business and Planning Act 2020 (c.16) 

Part 3 of this Act amends the Planning (Listed Buildings and Conservation Areas) Act 1990 (‘the 1990 Act’). The expiration of certain unimplemented listed building consents are automatically extended to enable planned works to start over the next year. The new section 18A added into the 1990 Act modifies any condition where the time limit for the start of development is due to expire before 31st December 2020. The new time limit is extended to 1st May 2021. This is due to delays experienced within the construction sector because of the COVID-19 pandemic. 

The powers for local planning authorities in England are updated to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic. [August 2020] 

Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures

Regulation (EU) 2020/1182 amending, for the purposes of its adaptation to technical and scientific progress, Part 3 of Annex VI to Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures 

The list of harmonised classification and labelling of hazardous substances in Part III of Annex VI is updated, to remove or insert multiple chemicals. This is following the conclusion of opinions issued by the Committee for Risk Assessment of the Agency (RAC) for these substances. 

Additionally, new scientific data has been made available, suggesting that the current available data may not be appropriate for: 

  • the hazard class for ‘acute toxicity (inhalation)’*; and 
  • the environmental classification for lead massive (lead with a particle diameter of ≥ 1mm). 

Therefore, until the RAC issues a revised opinion of the new data, the hazard class will not be modified and lead massive will not be included in Annex VI. 

*acute toxicity (inhalation) substances cause an adverse response from one or multiple doses within 4 hours of inhalation. 

The amendments to Annex VI will come into effect on 1st March 2022. [August 2020] 

Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products, as amended

Regulation (EU) 2020/1147 granting a Union authorisation for the single biocidal product ‘ClearKlens product based on IPA’ 

The application for Union authorisation of the single biocidal product* ‘ClearKlens based on isopropyl alcohol (IPA)’ in accordance with Regulation (EU) No 528/2012 concerning the making available on the market and use of biocidal products (Regulation 528/2012), has been granted from 24th August 2020 until 31st July 2030.   

This decision comes after the application was evaluated and an assessment report submitted, which ultimately formed the basis for the Commission’s decision.  

‘ClearKlens product based on IPA’ is a ‘single biocidal product’, that meets the conditions laid down in Article 19(1) (conditions for granting authorisation) of Regulation 528/2012. It also contains ‘propan-2-ol’, as the active substance** which is included in the Union list of approved active substances referred to in Article 9(2) of Regulation 528/2012. 

The Commission therefore concluded that it is appropriate to grant a Union authorisation for the making available on the market and use of the single biocidal product ‘ClearKlens product based on IPA’ in accordance with the summary of the biocidal product characteristics, set out in the Annex to Regulation (EU) 2020/1147. 

*A biocidal product is a product with an active substance that is intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on harmful or undesired organisms.  

**An active substance is defined as a substance or micro-organism (including viruses), that has a general or specific action against harmful organisms or on plants, parts of plants or plant products. [August 2020]  

Decision (EU) 2020/1119 concerning the extension of the action taken by the United Kingdom Health and Safety Executive permitting the making available on the market and outdoor use of the biocidal product Ficam D in accordance with Regulation (EU) 528/2012  

In September 2019 the Health and Safety Executive (HSE) permitted the use of the biocidal product ‘Ficam D’ against Asian hornet nests until 1st March 2020 under Regulation (EU) 528/2012. This was in order to protect animals and the environment as the Asian hornet is listed as an invasive alien species in Regulation (EU) 2016/1141 adopting a list of invasive alien species of union concern pursuant to Regulation (EU) No. 1143/2014 

The HSE applied to the European Commission to extend the use of ‘Ficam D’ in January 2020 and this Decision extends the permission in Great Britain until the end of the transition period referred to in the European Union (Withdrawal) Act 2018 (c.16) or until 3rd September 2021, whichever is earlier. In Northern Ireland it is extended until 3rd September 2021. [August 2020] 

Regulation (EU) 2020/1086 approving icaridin as an existing active substance for use in biocidal products of product-type 19

Icaridin is approved as an active substance for use in biocidal products of product-type 19, subject to the specifications and conditions set out in the Annex. The approval is granted for ten years. Product-type 19 are products used as repellents and attractants to control harmful organisms. [August 2020] 

Decision (EU) 2020/1038 postponing the expiry date of approval of creosote for use in biocidal products of product-type 8  

The approval of the active substance* ‘creosote’** for use in biocidal products*** for product-type 8, has been extended, as further examination on the substance is necessary. 

Creosote is classified as carcinogen and meets the criteria for being a persistent, bioaccumulative and toxic substance and a very persistent and very bioaccumulative substance. Further examination is therefore necessary to decide whether the approval of creosote may be renewed. 

The approval of creosote for use in biocidal products for product-type 8, is likely to expire before a decision has been taken on its renewal. Therefore, the expiry date of approval of creosote for use in biocidal products for product-type 8, has been postponed until 31st October 2021.  

Creosote remains approved for use in biocidal products of product-type 12 subject to the specifications and conditions set out in Annex I to Directive 98/8/EC concerning the placing of biocidal products on the market.  

*An active substance is defined as a substance or micro-organism (including viruses), that has a general or specific action against harmful organisms or on plants, parts of plants or plant products.   

**Creosote is byproduct of wood combustion that consists mainly of tar. It is typically used as a preservative or antiseptic. 

***A biocidal product is a product with an active substance that is intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on harmful or undesired organisms.  

There are no changes in duties for organisations. [August 2020]  

Decision (EU) 2020/1037 postponing the expiry date of approval of acrolein for use in biocidal products of product-type 12 

The approval of the active substance* ‘acrolein’ for use in biocidal products** of product-type 12, is due to expire on 31st August 2020. 

The approval of acrolein for use in biocidal products of product-type 12, is likely to expire before a decision has been taken on its renewal. Therefore, the expiry date of approval of acrolein for use in biocidal products of product-type 12 has been postponed until 28th February 2023. 

Acrolein remains approved for use in biocidal products of product-type 12 subject to the specifications and conditions set out in Annex I to Directive 98/8/EC concerning the placing of biocidal products on the market. 

*An active substance is defined as a substance or micro-organism (including viruses), that has a general or specific action against harmful organisms or on plants, parts of plants or plant products.  

**A biocidal product is a product with an active substance that is intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on harmful or undesired organisms. 

There are no changes in duties for organisations. [August 2020] 

Decision (EU) 2020/1036 on the non-approval of certain active substances in biocidal products pursuant to Regulation (EU) No 528/2012

The application for approval of the active substance*/product-type combinations** listed in the Annex to Decision (EU) 2020/1036 on the non-approval of certain active substances in biocidal products, are not approved for use in biocidal products***.  

This decision comes after the Commission was informed that the support for the active substance/product-type combinations mentioned above, was withdrawn by all the participants involved. In this scenario, the Commission must put in place a non-approval decision for such substances.  

* An active substance is defined as a substance or micro-organism (including viruses), that has a general or specific action against harmful organisms or on plants, parts of plants or plant products. 

** Product-type combinations are two or more separate products packaged together in a single package or as a unit and comprised of device and biological products, or biological and drug products. 

***A biocidal product is a product with an active substance that is intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on harmful or undesired organisms. [August 2020] 

Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market, as amended

Regulation (EU) 2020/1160 amending Implementing Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances aluminium ammonium sulphate, aluminium silicate, blood meal, calcium carbonate, carbon dioxide, extract from tea tree, fat distillation residues, fatty acids C7 to C20, garlic extract, gibberellic acid, gibberellins, hydrolysed proteins, iron sulphate, kieselgur (diatomaceous earth), plant oils/rape seed oil, potassium hydrogen carbonate, quartz sand, fish oil, repellents by smell of animal or plant origin/sheep fat, Straight Chain Lepidopteran Pheromones, tebuconazole and urea

The approval of the active substances* aluminium ammonium sulphate, aluminium silicate, blood meal, calcium carbonate, carbon dioxide, extract from tea tree, fat distillation residues, fatty acids C7 to C20, garlic extract, gibberellic acid, gibberellins, hydrolysed proteins, iron sulphate, kieselgur (diatomaceous earth), plant oils/rape seed oil, potassium hydrogen carbonate, quartz sand, fish oil, repellents by smell of animal or plant origin/sheep fat, Straight Chain Lepidopteran Pheromones, tebuconazole and urea, are due to expire on 31st August 2020.     

The assessment of the substances listed above have been delayed and the approvals of those active substances are likely to expire before a decision has been taken on their renewal. It is therefore necessary to extend the approval periods of the substances.  

The approval periods have been extended and the annex to Regulation (EU) No 540/2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances, is amended as follows:   

  • Approval periods have been extended until 31st August 2021 for the following substances:  
  • Aluminium ammonium sulphate; 
  • Aluminium silicate; 
  • Blood meal; 
  • Calcium carbonate;  
  • Carbon dioxide; 
  • Extract from tea tree;  
  • Fat distillation residues;  
  • Fatty acids C7 to C20;  
  • Garlic extract;  
  • Gibberellic acid; 
  • Gibberellins;  
  • Hydrolysed proteins; 
  • Iron sulphate;  
  • Kieselgur (diatomaceous earth); 
  • Plant oils/rape seed oil;  
  • Potassium hydrogen carbonate;  
  • Quartz sand;  
  • Fish oil;  
  • Repellents by smell of animal or plant origin/sheep fat;  
  • Straight Chain Lepidopteran Pheromones; 
  • Tebuconazole; and  
  • Urea. 

*An active substance is defined as a substance or micro-organism (including viruses), that has a general or specific action against harmful organisms or on plants, parts of plants or plant products.    

There are no changes in duties for organisations. [August 2020]

Regulation (EU) 2020/869 amending Regulation (EU) No 540/2011 as regards the extension of the approval periods of the active substances beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, dimethomorph, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, formetanate, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole and S-metolachlor. 

The approval of the active substances* beflubutamid, benalaxyl, benthiavalicarb, bifenazate, boscalid, bromoxynil, captan, cyazofamid, dimethomorph, ethephon, etoxazole, famoxadone, fenamiphos, flumioxazine, fluoxastrobin, folpet, formetanate, metribuzin, milbemectin, Paecilomyces lilacinus strain 251, phenmedipham, phosmet, pirimiphos-methyl, propamocarb, prothioconazole and S-metolachlor, are due to expire soon.  

The assessment of the substances listed above have been delayed and the approvals of those active substances are likely to expire before a decision has been taken on their renewal. For some of these active substances, more time is needed to carry out assessments relating to endocrine disrupting properties**. It is therefore necessary to extend the approval periods of the substances. 

The approval periods have been extended and the annex to Regulation (EU) No 540/2011 implementing Regulation (EC) No 1107/2009 as regards the list of approved active substances, is amended as follows:  

  • Approval periods have been extended to the 30th June 2021 for substances: 
    • Famoxadone; and 
    • Flumioxazine. 
  • Approval periods have been extended to the 31st July 2021 for substances: 
    • Cyazofamid 
    • Benalaxyl 
    • Bromoxynil 
    • Phenmedipham 
    • S-metolachlor 
    • Etoxazol 
    • Bifenazate 
    • Milbemectin 
    • Fenamiphos 
    • Ethephon 
    • Captan 
    • Folpet 
    • Formetanate 
    • Dimethomorph 
    • Metribuzin 
    • Phosmet 
    • Propamocarb 
    • Pirimiphos-methyl 
    • Beflubutamid 
    • Benthiavalicarb 
    • Boscalid 
    • Fluoxastrobin 
    • Paecilomyces lilacinus strain 251, and 
    • Prothioconazole. 

*An active substance is defined as a substance or micro-organism (including viruses), that has a general or specific action against harmful organisms or on plants, parts of plants or plant products.   

**Endocrine disrupters are chemicals that may produce adverse effects in humans and wildlife (e.g. developmental, reproductive and immune problems). 

There are no changes in duties for organisations. [August 2020]  

Planning (Hazardous Substances) Act 1990 (1990 c.10) as amended

Business and Planning Act 2020 (c.16) 

 Part 3 of this Act amends the Planning (Hazardous Substances) Act 1990 to change the powers for local planning authorities in England to determine which planning procedure (written representations, a hearing or a local inquiry) should be adopted in certain proceedings to enable flexibility to deal with cases quickly and efficiently during the COVID-19 pandemic. There are no changes to any duties for organisations. [August 2020] 

The Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) as amended

The Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020 (SI 2020/632) 

This amendment inserts a new section, titled Part 20, into Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (the 2015 Regulations). Part 20 (Construction of New Dwellinghouses) outlines the permitted and non-permitted developments of new dwellinghouses on detached blocks of flats, the conditions, and also the procedure for applications for prior approval, for these constructions. 

Amendments are made to multiple sections within Part 1, Schedule 2 of the 2015 Regulations. Any dwellinghouse built under Part 20 of schedule 2 (Construction of New Dwellinghouses), cannot be permitted under any of the following classes: 

  • Part 1 class A – enlargement, improvement or other alteration of a dwellinghouse 
  • Part 1 class B – additions etc to the roof of a dwellinghouse 
  • Part 1 class C – other alterations to the roof of a dwellinghouse 
  • Part 1 class D – porches 
  • Part 1 class E – buildings etc incidental to the enjoyment of a dwellinghouse 
  • Part 1 class F – hard surfaces incidental to the enjoyment of a dwellinghouse 
  • Part 1 class G – chimneys, flues etc on a dwellinghouse 
  • Part 1 class H – microwave antenna on a dwellinghouse 

Clarifications are made to include Part 20 (Construction of New Dwellinghouses) into the definition of dwellinghouse. Amendments are made to the definition of flat, to include Part 20, as a section where the outlined definition of flat does not apply.  

Developments within an area of land attached to a dwellinghouse  

Developers must provide specific information such as contact details and measurements of the proposed development to the local planning authority before starting work on that development. They must now also include information on any fees required to be paid. 

Updates are made to when developments within an area of land attached to a dwellinghouse occur that: specify the parts of a building that are not considered to be part of an enlargement and the constructions that constitute a rear or side extension. 

Developments granted permission under Class PA (premises in light industrial use to dwellinghouses) cannot then be permitted by Class F (hard surfaces incidental to the enjoyment of a dwellinghouse). 

Developments that change the use of the building into a dwellinghouse  

Additional conditions are added to the requirements developers must obtain, before the following buildings can be changed into a dwellinghuse:  

  • Class M – retail or betting office or pay day loan shop. 
  • Class N – an amusement arcade/ centre, or a casino. 
  • Class O – offices. 
  • PA – premises in light industrial use. 
  • Class Q – agricultural buildings. 

Developers of any building use changes listed above, must now obtain determinations from the local planning authority, on the levels of adequate natural light in all habitable rooms of the building. This will determine if the natural light within the building, is suitable for the building to be changed into a dwellinghouse. 

The definition of habitable rooms is inserted to mean any rooms used or intended to be used for sleeping or living which are not solely used for cooking purposes. This does not include bath or toilet facilities, service rooms, corridors, laundry rooms, hallways or utility rooms. 

Developments proposed under Class M, N, O, PA or Q of Part 3 of Schedule 2, now require developers to include a floor plan indicating the dimensions and proposed use of each room, the position and dimensions of windows, doors and walls, and the elevations of the dwellinghouses, alongside their application to a local planning authority for a determination, as to whether the prior approval of the authority will be required. 

A new class is added to Part 4 (Temporary buildings and uses) of Schedule 2, to outline the circumstances where temporary use of land is permitted and not permitted and the requirements around the temporary use of land. 

A new class is added to Part 12 (Development by local authorities) of Schedule 2, to outline requirements around holding a market by or on behalf of a local authority. This type of use for land is only permitted during the period beginning 25th June 2020 and ending 23rd March 2021. Holding a market by or on behalf of a local authority is not permitted if the land is, or is within, a site of special scientific interest. [August 2020] 

The Renewables Obligation Order 2015 (SI 2015/1947) as amended

The Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration and Renewables Obligation (Amendment) (EU Exit) Regulations 2020 (SI 2020/849) 

The Renewables Obligation (Amendment) (EU Exit) Regulations 2019 (the ‘2019 Regulations’) are amended to change the term ‘exit day*’ to ‘IP completion day**’ (in relation to the UK leaving the EU). This means the 2019 Regulations will come into force on IP completion day instead of exit day. This does not make any changes to duties. 

*Exit day was 31st January 2020. 

**IP completion day is the day the transition period ends (31st December 2020).  

 Note that legislation expressed as coming into force on ‘exit day’ (31st January 2020), has been postponed until the end of the ‘implementation period’ (i.e. the transition period which follows Brexit). This postponement is made by Schedule 5 of the European Union (Withdrawal Agreement) Act 2020 [2020 Chapter 1]. Therefore, any provisions expressed above as coming into force on ‘exit day’ will not now come into force until the end of the ‘implementation period’.  [August 2020]