Coronavirus Act 2020 provides for virtual Planning Committee meetings

Jo Lilliott, Planning Law solicitor at Holmes & Hills, highlights one of the lesser talked about sections of the Coronavirus Act 2020.

There has always been an issue as to whether or not local authority meetings, including Planning Committee meetings, can lawfully be undertaken online or remotely, given the provisions of Schedule 12 of the Local Government Act 1972 requiring votes to be taken by members “present” at a meeting.

In light of measures announced by the Government to tackle Covid-19, Planning Committee meetings simply could not take place. This would result in all planning applications that are to be determined at Planning Committee grinding to a halt.

However, the Coronavirus Act 2020 makes provision to deal with this situation, at least until 7^th May 2021:

Section 78 of the Coronavirus Act 2020, which received Royal Assent on 25^th March 2020, states:

“Local authority meetings”

(1) The relevant national authority may by regulations make provision relating to—

(a) requirements to hold local authority meetings;

(b) the times at or by which, periods within which, or frequency with which, local authority meetings are to be held;

(c) the places at which local authority meetings are to be held;

(d) the manner in which persons may attend, speak at, vote in, or otherwise participate in, local authority meetings;

(e) public admission and access to local authority meetings;

(f) the places at which, and manner in which, documents relating to local authority meetings are to be open to inspection by, or otherwise available to, members of the public.

(2) The provision which may be made by virtue of subsection (1)(d) includes in particular provision for persons to attend, speak at, vote in, or otherwise participate in, local authority meetings without all of the persons, or without any of the persons, being together in the same place.

(3) The regulations may make provision only in relation to local authority meetings required to be held, or held, before 7 May 2021.

(4) The power to make regulations under this section includes power—

(a) to disapply or modify any provision of an enactment or subordinate legislation;

(b) to make different provision for different purposes;

(c) to make consequential, supplementary, incidental, transitional or saving provision.

The Member’s explanatory statement provides:

This new clause confers power on the Secretary of State, Welsh Ministers and Department for Communities in Northern Ireland to make regulations in relation to meetings of specified local authorities. It may be used, for example, to remove requirements to hold annual meetings, or to allow virtual meetings. It may only be used in relation to meetings taking place before 7 May 2021.

Whilst these provisions may not be of the very highest priority at the time of writing, if we are, as anticipated, to see a suppressing of the normal functioning of society for many months, those involved in planning and development will appreciate that Local Planning Authorities will at least have the ability to continue Planning Committee meetings and provide a route for planning permissions to be granted at Committee level. 

Acknowledgement, Charles Holland of Trinity Chambers.