The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020
In an effort by the Government to respond to the need for emergency development during the COVID-19 crisis, The Town and Country Planning (General Permitted Development) (Coronavirus) (England) (Amendment) Order 2020 (the “Order”) came into effect on Thursday, 9 April 2020.
The Order introduces a new temporary permitted development right for emergency development by a local authority or health service body.
A ‘health service body’ is defined by reference to 14 specific entities or types of entities including (but not limited to) the National Health Service Commissioning Board, the Care Quality Commission, a clinical commissioning group, the Health Research Authority, an NHS Trust and an NHS Foundation Trust.
‘Emergency development’ is development carried out by a local authority of health service body on land owned, leased, occupied or maintained by it in connection with an emergency. For the purposes of the Order, an emergency is an event or situation which threatens serious damage to human welfare in a place in the United Kingdom.
Any emergency development carried out by a health service body under the Order will be subject to conditions including (but not limited to) height restrictions and rules relating to the location of the building relative to the boundaries of the land.
The Order requires that the use of the land for such purposes must cease on or before 31 December 2020 (any extension would require a further statutory amendment). The land is to be reinstated to its previous use within a period of 12 months after the date on which the use of the land for emergency development purposes ceases.