Decision details

1. To delegate authority from the Director of Environment to the Head of Planning for the specific purpose of proactive enforcement of planning controls as they apply to the erection of temporary buildings and structures during Covid-19 until 1 January 2022.

2. To take a proactive approach to the enforcement of planning controls as they apply to the erection of temporary buildings and structures during Covid-19.

Covid-19 has presented a wide range of challenges to the safe and ongoing operation of many business and institutions in our Town. One issue that became clear is the need, in some instances, for more physical space to accommodate social distancing and safer operations. For some, temporary structures/buildings (for example portable cabins, portable buildings, portable welfare blocks) may provide a solution to this issue on a temporary basis.

In most instances temporary structures (for example a portable cabin or covered seating area) require planning permission. Given the COVID-19 circumstances, the Council allowed temporary structures/buildings to be placed on land without planning permission for up-to 6 months (initially) in certain circumstances, to ensure the successful running of existing businesses and institutions in the town, whilst adhering to the government’s COVID-19 guidance. This represented a proactive approach to the enforcement of planning controls, whereby we will investigate breaches of planning controls up front (instead of reactive enforcement once temporary structures have been erected OR instead of requiring businesses to apply for planning permission which inevitably takes time). This will not apply to residential properties.

In April 2021 the Government amended the secondary legislation related to moveable structures to allow their use without permission until 1 January 2022 within the curtilages of drinking establishments, places used for the sale of food and drink or a historic visitor attraction. Although this is helpful it is proposed that the Council to adopt its proactive approach for all sites and uses for a period to coincide with date given in the legislation – 1 January 2022. Structures on the Highway/Public Realm are subject to different guidance being developed by our Licencing Team.

Do nothing – may serve to have a detrimental and disproportionate impact on the economy of Cheltenham.

All members via email – positive responses.