I wish to update the House on relaxing local restrictions to enable retail opening hours to be extended in England for Christmas.
On Monday 23 November, the Government published their covid-19 winter plan which will see the return to a regional tier approach to restrictions in England from 2 December. In all tiers, shops will be allowed to reopen, giving people the opportunity to shop for gifts for family and friends in the run up to Christmas. The Government recognise the efforts and investment that retailers have made to ensure their premises are covid-secure; this has been reflected by the fact that the best available Public Health England and NHS Track and Trace data shows there is at present no evidence of significant increased risk of virus transmission in retail premises. Government asked non-essential retailers to close as part of wider restrictions to limit social mixing in November, once those restrictions have been lifted consumers and retail staff can have confidence to return to our high streets.
We have been working closely with senior representatives from the retail sector, local authorities, the Department for Business, Energy and Industrial Strategy and Public Health England to plan for a safe and successful reopening of non-essential retail on 2 December. To ensure the reopening of shops is safe and in line with social distancing rules given the high volume of shoppers expected before Christmas and the subsequent sales in January, the Government want to see retailers given the option to extend their daily opening hours from Monday to Saturday. This will help to spread footfall, ease transport pressures and make shopping in a socially distanced way easier by giving shoppers greater flexibility to choose when they shop and avoid peak times.
Restrictions on shop opening hours on weekday and Saturdays were removed by section 23 of the Deregulation and Contracting Out Act 1994. However, many retailers are subject to local controls through planning conditions which restrict opening times, particularly in the early morning, evening and at night, to make the development acceptable to local residents who might otherwise suffer from noise and other local amenity issues.
Given the exceptional circumstances as a result of the coronavirus, the purpose of this written ministerial statement, which comes into effect from 2 December, is to make clear that, as a matter of urgency, local planning authorities should take a positive approach to their engagement with retailers to ensure planning controls are not a barrier to the temporary extension of retail opening times in December and January.
In particular, local planning authorities, having regard to their legal obligations, should not seek to undertake planning enforcement action which would result in the unnecessary restriction of retail hours during this period. 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.