To ask the Minister for Infrastructure whether she will consider relaxing planning permission requirements for the erection of awnings to assist businesses to adapt in the context of COVID-19.

In June 2020 I issued a letter to all councils asking that in exercising their functions under planning legislation including planning enforcement, they should temporarily, take a flexible and pragmatic approach to the use of on-street seating for cafes and bars, beer gardens and similar outdoor areas to accommodate physical/social distancing. In doing so I also made clear that, where development does take place associated with pavement cafes etc, such as for example, decking, permanent fencing and other permanent structures, planning permission may well be necessary and businesses should seek to obtain the appropriate permission(s), as failure to do so could result in the council initiating enforcement action.

The installation of new commercial awnings would normally be considered operational development under section 23 of the Planning Act (NI) 2011 and require express planning permission. Such fixtures raise a number of important material planning considerations including: the potential health and safety issues arising from their extension over pedestrians and the public pavement; and the effects such fixtures could have on the external appearance of buildings, particularly in the case of high-street establishments, listed buildings and within designated areas such as Conservation Areas or Areas of Townscape Character. In addition, such fixtures to the outside of commercial premises may also require advertisement consent where any branding or logos displayed on the awning are considered as advertisement when in public view.

Given the nature of the material issues to be considered in the erection of commercial awnings, and within the context of my recent advices to councils, I do not believe there is a strong enough case to merit a relaxation on existing planning requirements in this regard.