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Extension of Planning Permissions - Additional Environmental Approval

When is an Additional Environmental Approval required?

A planning permission with a time limit for implementation between 23 March 2020 and 19 August 2020 will only benefit from the statutory extension to 1 May 2021 where Additional Environmental Approval is granted by the local planning authority (or deemed to be granted).

How should an application for Additional Environmental Approval be submitted?

Applications must be made in writing and submitted electronically to development.control@dudley.gov.uk. We are not able to receive applications by post or by hand in accordance with the regulations.

The application must specify the date which it has been sent and provide sufficient information to allow the local planning authority:

  • to identify the relevant planning permission and condition in respect of which it is made; and
  • to determine whether Additional Environmental Approval should be granted.

What information does an applicant need to provide to enable a local planning authority to determine whether Additional Environmental Approval should be granted?

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view there have been no changes to environmental circumstances which would make the original screening or assessment out of date.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affect the assessment of cumulative effects, and why in the applicant’s view this does not make the original assessment out of date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 period.

There is no fee for this application

Applications must be made before 2 December 2020.

The local planning authority will provide a written decision by email within 28 days stating the reasons for granting or refusing Additional Environmental Approval.

Further advice can be found at gov.uk