Additional Environmental Approval (AEA)

 

The Government have introduced a new 'interim' application type to allow applicants to extend permissions that expired over a specific period of the Coronavirus pandemic.

In recognition of the effect Coronavirus has had on the planning system and the construction sector, certain planning permissions and listed building consents which have lapsed or are due to lapse during 2020 can apply for Additional Environmental Approval (AEA) or have been extended without the need to apply for AEA.

In summary:

  • If your application has lapsed or is due to lapse between 23 March 2020 and 18 August 2020 you can extend it to 1 May 2021 by applying for Additional Environmental Approval (AEA)
  • Any permission due to lapse on or between 19 August 2020 and 31 December 2020 will benefit from an automatic extension to 1 May 2021.

 


In more detail:

Types of planning permissions that are extended i.e. no requirement to apply for AEA

Full planning permission and outline planning permission

Unimplemented full planning and outline permissions with time limits for implementation which were due to lapse between 19 August 2020 (when the provisions came into force) and 31 December 2020 are extended to 1 May 2021. This happens automatically, with no requirement to obtain Additional Environmental Approval from us as the Local Planning Authority.

Reserved matters applications

Any deadline for the submission of applications for the approval of reserved matters under an outline planning permission which would otherwise expire between 23 March 2020 and 31 December 2020 are extended to 1 May 2021.

Listed building consent

All listed building consents with a time limit for implementation between 23 March 2020 and 31 December 2020 will be extended to 1 May 2021. Listed building consents will not be subject to a requirement to obtain Additional Environmental Approval.

 


When is Additional Environmental Approval (AEA) required?

Unimplemented planning permissions with time limits for implementation which passed between 23 March 2020 and 19 August 2020 are also restored and the time limit extended to 1 May 2021, but these are subject to Additional Environmental Approval being granted from us as the Local Planning Authority.

 

How do I apply for AEA?

There is no prescribed application form for AEA applications, but submissions must be made in writing and submitted to us electronically. To help applicants we have made a form which can be used for this purpose. Click here to download/open our editable PDF form. The completed form should be emailed to planning.services@scarborough.gov.uk

 

What information do I need to supply?

Applicants should provide details of:

  • 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
  • Whether the original permission was subject to an Environmental Impact Assessment and/or a Habitats Regulation Assessment, or screening for either type of assessment

If the original planning permission was subject to one or both of these assessments, or screening for either, applicants should also provide details of:

  • The original assessment(s) or screening(s) and a summary of the key findings
  • Information on any mitigation measures secured to address environmental effects, and the progress toward delivering these measures
  • An environmental report containing a reasoned explanation of why in the applicant’s view there have been no changes to environmental circumstances which would make the original screening or assessment out of date. For example, it may be appropriate to include:
    • an analysis of any further committed development proposals which may affect the assessment of cumulative effects, and why in the applicant’s view this does not make the original assessment out of date
    • a description of any changes to the factual circumstances of the proposed development, such as a new environmental designation, new environmental information or other changes of circumstance, and an analysis of why in the applicant’s view this does not make the original assessment out of date
  • Any other relevant information which would in the applicant’s view support the case that the previous screenings or assessments remain up to date.

If the original planning permission was granted without the need for an Environmental Impact Assessment or a Habitats Regulations Assessment, applicants should provide a brief explanation of why they consider it remains the case that neither of these assessments would be needed if an application for planning permission was being made now.

If the original planning permission was granted without the need for screening for an Environmental Impact Assessment or a Habitats Regulations Assessment, but an applicant thinks that screening might be needed if an application for planning permission was being made now and that the screening would show that no substantive assessment was required, then it should provide sufficient information to enable the authority to undertake screening within the 28-day determination period.

 

How long do AEA applications take?

Applications should be determined within 28 days from the sending of the application.

Applicants and local planning authorities can agree an extension to the 28-day period, but the total of the extension should not exceed 21 days in order to ensure that decisions are made as quickly as possible. Any such agreement must be in writing.

 

How long will the new AEA route be available?

Applicants will be able to apply for Additional Environmental Approval up until 31 December 2020.

No AEA may be granted or deemed to be granted after 31 December 2020 (except on an appeal lodged on or before that date).

This means that, in order to be certain that a decision to grant or refuse AEA will be made one way or the other (or that failing that AEA will be deemed to be granted), applicants should submit applications no later than 2 December 2020. In practice, applicants should aim to submit comfortably in advance of that date, to allow time to resolve any issues as to whether sufficient information has been supplied and/or to allow the applicant and local planning authority to agree an extension to the determination period.

Where an application is submitted after 2 December 2020, the local planning authority may still determine the application up to 31 December 2020. But there will be no deemed grant of AEA if the local planning authority fails to do so. This is because, in those circumstances, there is not enough time for the 28-day period to elapse before 31 December 2020.

 

For more information, including answers to the following questions, please click here.

(You will be taken to the www.gov.uk website)

  • Do we (the Local Planning Authority) need to consult local communities or statutory consultees?
  • Is there a requirement for publicity?
  • What steps should an applicant take to engage with their community?
  • What happens if we (the Local Planning Authority) do not have enough information to reach a decision?
  • What do we (the Local Planning Authority) consider when assessing an application for AEA?
  • When should we (the Local Planning Authority) grant AEA?
  • Should reasons be given following a decision to refuse or grant AEA?
  • What happens if we do not make a decision within the timescale?
  • Can we impose conditions on AEA?
  • What if there has been a change of environmental circumstances since the original permission?
  • Can an applicant submit additional material to supplement an application for AEA during the determination period?