Demolition - Planning

The planning legislation relating to the demolition of certain buildings is the Town and Country Planning (Demolition-Description of Buildings) Direction 1995.

This legislation excludes the demolition of certain types of buildings from planning controls. These exclusions fall into four categories:

• First, the Direction excludes listed buildings, buildings in conservation areas and scheduled monuments from the new controls. Such demolitions are already subject to control under other legislation (the Planning Listed buildings and Conservation Areas Act 1990 and the Ancient Monuments and Archaeological Areas Act 1979).
• Secondly, demolition of a building of less than 50 cubic metres (when measured externally) is not to be regarded as development.
• The third category of exclusion is of every building that is not either itself a dwellinghouse, or adjoining a dwellinghouse. The definition of a dwellinghouse should be taken to include buildings in use as a dwelling and those, if not currently in use, last used for such purposes. It includes detached, semi- detached or terraced houses, residential homes or hostels, and buildings containing one or more flats.
• The fourth category covers the demolition of the whole or part of a gate, fence, wall or other means of enclosure, unless in a conservation area.

The planning controls therefore apply mainly to the demolition of dwellinghouses and of buildings adjoining dwellinghouses. The demolition of buildings such as warehouses, factories, offices, churches, theatres and shops will not be subject to planning control unless they are attached to a dwellinghouse. The demolition of certain dwellinghouses may fall outside planning control if the residential use is ancillary to a non-residential use of the building or the site (for example, a caretaker"s house on an industrial site, or a caretaker"s flat in an office building).

For the purpose of the planning controls, each house in a pair of semi-detached houses and every house in a row of terraced houses is to be regarded as a separate building, whether or not in residential use.

The Town and Country Planning (General Permitted Development) Order 1995 sets out the grant of planning permission for the demolition of all buildings not excluded from these 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 demolition.

Such determination is not required where demolition is:

• urgently necessary in the interests of health or safety, on a condition that the developer gives a written justification of the demolition to the local planning authority as soon as reasonably practicable alter the demolition has taken place; or
• taking place on land for which planning permission for redevelopment has been granted or deemed to be granted; or
• required as a result of a demolition order, made under Part Ix of the Housing Act 1985, or in a clearance area declared under Section 289 of the same Act; or
• required as a result of an enforcement notice issued under Part VII of the Town and Country Planning Act 1990; or
• required as a result of an order requiring the removal of the building made under Section 102 of the Town and Country Planning Act 1990; or
• required by virtue of a planning agreement or obligation made under Section 106 of the Town and Country Planning Act 1990; or
• required or permitted under any other legislation.

These permitted development rights do 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.

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Last Updated

11 February 2008

Page last updated on 11 February 2008