Guidance

Appeal a decision about construction working hours (S74B)

Appeals against the refusal of the temporary modification of conditions limiting construction activities.

• From: Planning Inspectorate
• Published: 25 August 2020

This guidance was withdrawn on 1 April 2021

This guidance is withdrawn as the temporary application route to amend construction hours introduced via the Business and Planning Act 2020 ended on 31 March 2021.

Applies to England

Section 16 of the Business and Planning Act 2020 inserts section 74B into the Town and Country Planning Act 1990. It provides a temporary, fast track deemed consent route to apply to a local planning authority to vary existing conditions, or the details submitted under a condition, that limit construction site working hours. If that application is refused by the local planning authority then there is a right of appeal.

Before deciding to submit the appeal, it would be advisable to consider the government guidance as well as any reasons for refusal given by the local planning authority.

How to appeal:

• use the Planning Inspectorate online service
• use the Section 78 appeal form
• clearly state in bold in the description of development under section E that it is a CONSTRUCTION HOURS APPEAL UNDER S74B
• box 2 under section F should be ticked
• the process and the relevant legislation are set out in The Planning Inspectorate’s Procedural Guide at Annexe D
• we will seek to expedite any such appeals as far as is possible given the processes that we are required to follow

Documents you must provide:

• supporting information submitted to the local planning authority
• any supporting statement submitted by the appellant should be limited to 1,000 words and directly address the reason for refusal
• if helpful include photographs showing the location of any properties alleged to be affected by the proposed increase in hours
• any statement from the local planning authority should also not exceed 1,000 words

How the appeal will be dealt with:

• the appeal should be validated within 7 days - if not please contact the Planning Inspectorate
• in order to receive the appeal, seek comments from third parties and statements from the local planning authority and allow for final comments from the appellant the legislation prescribes a minimum of 7 weeks
• an Inspector will be appointed as soon as possible
• we do not expect that site visits will be required
• decisions will be despatched as soon as is feasible once the prescribed processes have been completed
• if the appeal is allowed, then the planning restrictions on construction working hours will be amended temporarily

You can contact the Planning Inspectorate at enquiries@planninginspectorate.gov.uk

Published 25 August 2020