The government has announced that it will move to extend the period for implementing those planning permissions which have an expiry date between the start of lockdown and the end of this year to 1 April 2021. The announcement comes as welcome news for those in the planning and development industry who have been lobbying for the government to act to prevent permissions from lapsing where development has been delayed due to COVID19 restrictions, avoiding the time and cost of having to apply for a fresh permission.

Just how these changes will be achieved remains to be seen, but it is envisaged that primary legislation will be required. Scotland enacted legislation in April which automatically extended the period for implementation of planning permissions that would ordinarily lapse within the six months after the Act came into force, to April 2021.

The proposed legislation in England will offer some breathing room to those developers who own consented sites and need time to prepare for implementation. It may also give a further window for land promoters and others who have obtained permissions with a view to marketing a consented site to complete sales – the terms of any existing contracts may need to be checked carefully. Some land promoters may have the option of starting on site themselves to keep the permission alive and/or proceeding with all or part of the development.

Of course, developers / promoters will still need to consider the cost implications of implementing a planning permission before going ahead and starting development. Pre-commencement conditions attached to the permission must be discharged before development is begun. Where applicable, commencement of development may also trigger liability for the payment of the Community Infrastructure Levy and financial or other liabilities under section 106 agreements, which can be significant. Concerns about viability and the potential to defer section 106 payment obligations should be discussed with authorities as soon as possible.