Flexibility has become increasingly important in all walks of life during the COVID-19 pandemic.  However, the planning system is set within a prescriptive statutory framework, which often doesn't allow for discretion to be applied. 

As we wrote last week, there are many planning deadlines which simply cannot be moved eg. submission of appeals, the making of representations, and implementation of consents. Thankfully, most planning processes can be dealt with electronically, which is invaluable now that the majority of us are working from home. 

However, the Scottish and UK governments have announced various measures to provide flexibility. The Scottish government has announced it is looking at ways to allow statutory pre-application consultation to continue without the currently obligatory public event. In relation to appeals in England and Wales we have seen inquiries being postponed. The Planning Inspectorate (PINS) are investigating how technology can be used to allow inquiries to go ahead, while also ensuring the principles of openness, fairness and impartiality are safeguarded.

In England, the Government have moved quickly to introduce a new permitted development right for change of use from restaurant/pub to takeaway. As we advised last week, this right to change the use of premises is time limited for 12 months and expires on 23 March 2021. An alternative approach has been taken in Scotland, where the Chief Planner has ordered local authorities not to take enforcement action where restaurants/pubs are being used as takeaways. That position will be reviewed in three months' time. 

Advice from Government, PINS and the Scottish Planning and Environmental Appeals Division (DPEA) is constantly evolving. We will continue to monitor any further changes that are announced that affect the planning system and provide updates.