DEMOLITION AND PLANNING PERMISSION

IS PLANNING PERMISSION REQUIRED FOR DEMOLITION?

In England, the system of town and country planning regulates development in the public interest – i.e. when and where development should take place and where it should not.

Works involving the demolition of buildings and other structures fall within the definition of ‘development’ for the purposes of planning. 

This means that planning permission or ‘prior approval’ is usually required to demolish a building or other structure, depending upon the type of building and where it is located. 

There are two initial exemptions:

1. Any building with a cubic content of less than 50 cubic metres
2. The whole or any part of any gate, fence, wall or other means of enclosure.

See: T&CP (Demolition of Buildings) Direction 2014

As the works listed in 1 and 2 above do not fall within the definition of development they can usually proceed without the need for prior approval from the LPA or an application for planning permission – so long as they do not take place within a conservation area and do not affect the setting or fabric of a Listed Building or scheduled ancient monument (see below). 

Additional to 1 and 2 above, there are also a range of ‘permitted development rights’ that facilitate the demolition of certain structures without the need for a full planning application. 

DEMOLITION OUTSIDE OF A CONSERVATION AREA

Permitted development rights exist for demolition works outside of a conservation area (apart from a pub, wine bar or other drinking establishment).  Such rights previously only applied to demolition of a dwelling, but now cover all types of building.

See:  Part 11 of Schedule 2 of the T&CP (General Permitted Development) (England) Order 2015

Before undertaking works, a Prior Approval notification (application) must be submitted to the local planning authority, triggering a 28-day process in which the authority will determine whether or not their formal approval is needed for the works.  If so, then details of the method of demolition and means of restoring the site need to be approved.

Prior notification is not a full planning application, but a comparatively streamlined process that requires less supporting information and a shorter determination period than a full planning application. 

Note that demolition is not permitted under PD rights where a building has been rendered unsafe or uninhabitable by the action or inaction of anyone having an interest in the land on which the building stands, and can be made secure through repair or temporary support.  In other words – you cannot let a building deteriorate to a point where demolition is needed to avoid the need for securing the necessary consents beforehand. 

Note that there may be conditions on a previous planning permission or other local restrictions, such as Article 4 Directions, which may limit or remove permitted development rights in some instances.

DEMOLITION WITHIN A CONSERVATION AREA

Additional controls apply to demolition works within conservation areas.  The Prior Approval notification process (see above) applies where it is proposed to demolish:

• buildings between 50 cubic metres and 115 cubic metres in volume (buildings less than 50 cubic metres are not development);
• part of any gate, fence, wall or other means of enclosure less than 1 metre high where abutting a highway (including a public footpath or bridleway), waterway or open space; or which is less than 2 metres high in any other case

All other demolition in conservation areas requires a planning application. 

Note that there may be conditions on a previous planning permission or other local restrictions, such as Article 4 Directions, which may limit or remove permitted development rights in some instances.

It is an offence to undertake “relevant demolition” of an unlisted building in a conservation area without the necessary planning permission.

As for demolition outside of Conservation Areas, take note that demolition is not permitted under PD rights where a building has been rendered unsafe or uninhabitable by the action or inaction of anyone having an interest in the land on which the building stands, and can be made secure through repair or temporary support.  In other words – you cannot let a building deteriorate to a point where demolition is needed to avoid the need for securing the necessary consents beforehand. 

DEMOLITION AS PART OF A WIDER DEVELOPMENT

If part of a wider development such as works to a house requiring partial demolition or removal of building before a development starts, the demolition of any existing buildings can be included within the planning application for the development, thereby negating the need for a separation prior notification or planning application.

DEMOLITION OF LISTED BUILDINGS OR ANCIENT SCHEDULED MONUMENTS

Additional to the general ‘Planning Act’ provisions for demolition set out above, any works to demolish part of a listed building or to alter or extend it in a way that affects its character as a building of special architectural or historic interest will require listed building consent.

It is important to note that it may be a criminal offence to fail to apply for listed building consent when it is required – irrespective of whether planning permission or other consents have been secured.

DEMOLITION AND ENVIRONMENTAL IMPACT ASSESSMENT (EIA)

If demolition works are likely to have a significant impact on the environment, then the local planning authority will need to issue a screening opinion as to whether a full Environmental Impact Assessment (EIA) is required.

REMEMBER IN EVERY CASE THAT …

There may be conditions on a previous planning permission or other local restrictions, such as Article 4 Directions, which may limit or remove permitted development rights in some instances.

If there is any doubt at all as to whether planning permission is required for demolition, professional advice or clarification from the local planning authority should be sought before work starts.