Permitted Development and Demolition - Oct. 1st 2008.

Demolition can be completed under permitted development but not without understanding the requirements first.

Archive material....

On 27 July 1992, new planning controls over the demolition of certain buildings came into effect.

Guidance on the scope and operation of these controls is contained in Department of the Environment Circular 10/95.

The combined effect of the new legislative provisions is to bring the total demolition of certain buildings within the meaning of “building operations” for the purpose of the Town and Country Planning Act, 1990 and thus within the meaning of development. However, an associated Direction, excludes from control

Exclusions

• Listed buildings, buildings in conservation areas and scheduled monuments, which are subject to controls in other legislation.

• demolition of a building of less than 50 cu metres in volume

• demolition of every building which is not either itself a dwellinghouse, or adjoining a dwellinghouse

THE NEW CONTROLS WILL THEREFORE APPLY MAINLY TO THE DEMOLITION OF

DWELLINGHOUSES AND BUILDINGS ADJOINING DWELLINGHOUSES.

Permitted Development/ Notification:

The Town and Country Planning General Development Order grants permitted development rights for the demolition of all buildings not excluded Demolition from the controls by virtue of the Direction. However, in some cases, that permission may not be exercised until the Local Planning Authority has determined whether it requires to give prior approval to the method of demolition and subsequent restoration. (Such a determination will not be necessary in some circumstances, for example in case of urgent necessity in the interests of health or safety, or where planning permission has been granted for redevelopment)

Therefore, before exercising a permitted development right to demolish a building, the developer should apply to the Local Planning Authority for a determination of whether the prior approval of the authority will be required as to the method of the proposed demolition and any proposed restoration of the site. The developer must also post a site notice. The Local Planning Authority will then have 28 days to consider whether they wish to give their prior approval to the method and restoration. If the authority do not notify the developer within the 28 day period that prior approval of these details is required, demolition may proceed according to the details submitted to the authority in the application for determination or to those otherwise agreed.

Where the authority respond that prior approval is needed before the demolition may proceed, the developer will have the right of appeal to the Secretary of State if approval is refused, or if a decision on the details submitted is not given within the normal 8 week period. There is no right of appeal against the decision by the Local Planning Authority to require approval of details.

This process gives Local Planning Authorities the means of regulating the details of demolition in order to minimise its impact on local amenity. Demolition should be carried out in accordance with the details agreed by the authority; demolition undertaken in breach of those details may be the subject of enforcement action.

If the authority wish to prevent the demolition from taking place, it would be necessary to serve an Article 4 Direction, which would have to be confirmed within 6 months by the Secretary of State.

Such directions cannot apply to any demolition which would not be development by virtue of the building being included in the Secretary of State’s Direction.