The permitted development rights brought in last year to help pubs, restaurants and other businesses during the Covid-19 pandemic have been extended in England and Wales, to support economic recovery as the country slowly emerges from lockdown.

Temporary Use of Land

Permitted development rights (PDRs) for the temporary use of land have been extended to make it easier for land owners to hold outdoor events until the end of the year. The Class B PDR, which ordinarily allows for a temporary change of use for a total of 28 days per year, has now been extended to a total of 56 days until 31 December 2021.  The PDR has a number of conditions, the most important being that the land must not fall within the curtilage of a building.

However, if you are looking to host an outdoor event or make a temporary use of land that does fall within the curtilage of a building, the extended PDRs will allow this for 28 days of the year until 31 December 2021, as long as the building is not listed.

These days do not need to be consecutive and can be spread out over the year as required. A moveable structure such as a marquee can be sited in association with the temporary use.

There are certain limits to this PDR if you want to use the land to hold a market, as a caravan site or certain other uses. Please get in touch with JWPC if you are considering taking advantage of this permitted development right.

Outdoor Seating

Businesses can also take advantage of a fast-tracked pavement licence which provides a cheaper, easier and quicker way to obtain a licence.

It should now only take two weeks for an online application for a pavement licence to be determined.  This allows a business to use part of the public pavement or highway adjacent to the premises for temporary seating for eating and drinking.

Pavement licences are generally granted for 12 months but the scheme is due to expire on 30 September 2021. The government is proposing to extend the scheme so that businesses will be able to take advantage of this streamlined process until 30 September 2022.

Once a licence is granted the applicant will also benefit from deemed planning permission to use the land for anything done pursuant to the licence while it is valid.

Takeaway Food Provision

The PDR which allows pubs and restaurants to temporarily operate as takeaway services was due to end on 23 March 2021. This has now been extended and pubs and restaurants will be able to continue operating for takeaway services for a further 12 months.  Businesses will still be required to notify the local authority before they intend to operate for takeaway services, and more information can be found on our previous blog post.