Minister of State for Housing (): I wish to update the
House on the measures the Government is taking to facilitate
flexibility within the delivery supply chain and mitigate
challenges faced by construction sites.
Due to the covid pandemic, the logistics sector is facing an
exceptional challenge resulting from the acute shortage of HGV
drivers across the distribution network. This has resulted in
missed deliveries which have the potential to lead to significant
shortages and hinder economic growth.
Through a previous Written Ministerial Statement made by the
former Secretary of State, dated 15 July 2021, the Government
responded to these pressures proactively by ensuring the industry
had the tools available to adapt effectively and minimise any
disruption to the public. The statement made clear that local
planning authorities should take a positive approach to their
engagement with food retailers and distributors, as well as the
freight industry, to ensure planning controls are not a barrier
to deliveries of food, sanitary and other essential goods.
I am now expanding the scope of these measures. The purpose of
this Written Ministerial Statement, which comes into effect
immediately, is to make it clear that local planning authorities
should take a positive approach to their engagement with all
supply chain stakeholders to ensure planning controls are not a
barrier to the supply of all goods and services.
Many commercial activities in England are subject to controls
which restrict the time and number of deliveries from lorries and
other delivery vehicles, particularly during evenings and at
night. These restrictions may be imposed by planning conditions,
which are necessary to make the development acceptable to local
residents who might otherwise suffer from traffic, noise and
other local amenity issues. However, this needs to be balanced
with the public interest, for all residents, to have access to
shops which are well stocked.
The National Planning Policy Framework already emphasises that
planning enforcement is a discretionary activity, and local
planning authorities should act proportionately in responding to
suspected breaches of planning control.
Local planning authorities should not seek to undertake planning
enforcement action which would result in unnecessarily
restricting deliveries, having regard to their legal obligations.
Construction output has also been inconsistent in recent months
and not returned to pre-February 2020 levels. Construction sites
in England may also be subject to controls which restrict the
hours within which they can operate. Wherever possible, local
planning authorities should respond positively to requests for
flexibility for operation of construction sites to support the
sector’s recovery.
The Government recognises that it may be necessary for action to
be taken in relation to the impacts on neighbours of sustained
disturbance due to deliveries and construction outside of
conditioned hours, particularly where this affects sleep. In this
case a local planning authority should consider any efforts made
to manage and mitigate such disturbance, taking into account the
degree and longevity of amenity impacts.
This statement will replace all the previous statements on these
matters.
This Written Ministerial Statement only covers England and will
expire on 30 September 2022, giving direction to the industry and
local planning authorities over the next ten months. We will keep
the need for this statement under review.
