Demolition – Planning

Following a SAVE Britain’s Heritage v Secretary of State Court of Appeal judgement in March 2011, part of the planning legislation relating to the demolition of buildings (Town and Country Planning (Demolition-Description of Buildings) Direction 1995) has been quahsed. In the light of this case, the following demolition contitutes development:

A listed building;

A building in a conservation area;

A building which is a scheduled ancient monument;

A building that is a dwellinghouse or attached to a dwellinghouse;

A building is not a dwellinghouse or attached to a dwellinghouse;

The following exlcusions in the 1995 legislation remain:

A building of less than 50 cubic metres (when measured externally).

Demolition of the whole or part of a gate, fence, wall or other means of enclosure, unless in a conservation area.

Demolition where included on a planning permission or required by an obligation in a Section 106 Agreement.

If you wish to carry out demolition specifed as development above, you will need to first submit an application for prior notification of proposed demolition. The council has 28 days to consider whether prior approval is required for the method demolition. The council must also consider whether demolition proposals are likely to have significant effects on the environment in accordance the Environmental Impact Assessment Regulations (2011).

This does not affect, and are not affected by, any requirement to notify intended demolition of a building to the Council“s Building Control Department under Section 80 of the Building Act 1984. Furthermore, you should contact the Council“s Environmental Protection Team regarding the hours of demolition (inc. noisy working hours) and minimising dust or vibration to neighbouring properties as the Council has legal powers under the Environmental Protection Act 1990 to serve notices to limit operations where any such problems arise.