Part 3: Planning Construction working hours Section 16: Modification of conditions relating to construction working hours
Section 16 introduces a new, fast track application process for the temporary variation of planning conditions relating to construction site working hours. This new process is to enable the facilitation of safe construction working practices in line with social distancing guidance issued by the Government and Public Health England in response to Covid-19.
	The section achieves this by temporarily modifying the effect of the Town and Country Planning Act 1990 which is to be read as if new sections 74B-74D were inserted in it (see subsection (2))
	New section 74B(1) to (4), conditions relating to construction working hours, provide that an applicant may apply in writing, electronically, to modify the restrictions on the hours of construction activity, either to extend the permitted hours, or to allow construction activity to take place on a day that it is not presently permitted where:
	planning permission is granted for the development of land (other than relevant development of a dwellinghouse, which is defined in new section 74B(9) and (10), or mining operations see new section 74D(1)); and
	a condition attached to that planning permission restricts hours of construction activity or a similar restriction is contained in a separate document approved by the local planning authority.
	Such an extension of working hours may only be for a temporary period not extending beyond 1 April 2021 (see new sections 74B(8) and 74C(5)).
	New section 74C(1) to 74C(3) provide that in response to an application under section 74B, an authority may by notice:
approve the proposed modifications to construction hours;
refuse the proposed modifications to construction hours; or
determine, with the agreement of the applicant, different modifications to construction hours or alternative dates during which these will have effect (subject to the end date not being later than 1 April 2021). Different modifications must not prohibit construction from taking place at a time when it is already permitted (see new section 74C(4)).
	New section 74C(6) and (7) provide that if an authority does not give notice of its decision within 14 days (beginning with the day after that on which the application is sent to the authority) then the condition is deemed to be modified as set out in the application and the applicant can implement the new working hours.
	New section 74C(8) provides that where modifications are determined by the authority in respect of only some of the matters in the application (e.g. the date on which the extended hours may start) then the condition is deemed to have been modified in respect of the other matters, in line with the application.
	New section 74D(6) requires a local planning authority to have regard to guidance issued by the Secretary of State when discharging its functions under new sections 74B and 74C.
	Subsection (3) of section 16 modifies section 78(1) to provide for a right of appeal against a refusal of an application under new section 74C(1)(b).
	Subsection (4) modifies paragraph 3(1) of Schedule 1 to the Town and Country Planning Act 1990 (TCPA 1990), so that the function of deciding these applications will be a district planning authority function. Where there is an Urban Development Corporation, such as the Ebbsfleet Development Corporation, or a Mayoral Development Corporation, such as the London Legacy Development Corporation with planning functions under Part 3 of the TCPA 1990, the Corporation will be the body responsible for determining these applications.
	Subsection (6) makes provision for the expiry of this fast track application process at the end of 1 April 2021.
	Subsection (7) includes a power for the Secretary of State to extend the period during which this application process is in operation through regulations, if he considers it reasonable to do so to mitigate an effect of coronavirus.