Abolition of Conservation Area Consent - Public forum - Planning Advisory Service (PAS)
Abolition of Conservation Area Consent
As of Tuesday, CAC has been abolished, and planning permission is now required for demolition within a Conservation Area. Two questions that arise from this - What are peoples views on existing, extant CACs that have not yet been implemented. Are these still legally able to be implemented, or do developers now have to appy for planning permission to demolish? Secondly, if a planning application for redevelopment includes demolition in the description, no seperate planning permission for that demolition is required - the one consent covers it all?
Apologies, I have a third question:
If all you want to do is demolish a building in a conservation area (i.e. with no new building proposed) then do you need full planning permission or just prior approval?
My view on the first two questions is that an extant CAC is able to be implemented, and that a planning application for redevelopment will include pp for demolition with out being specific (as it always has).
I'm less sure about a CAC application submitted before 1st Oct but not yet determined...
John,
In answer to your question, yes you would need planning permission to demolish a building in a Conservation Area, not prior approval. There is some guidance hidden on thev English Heritage website, but essentially the Enterprise and Regulatory Reform Act 2013, Schedule 17 states that demolishing a building in a Conservation Area without planning permission is an offence. It introduces a new part 196D of the Town and Country Planning Act 1990. I don't know why this legislative change is buried in an obscure new Act, perhaps to hide it from us? There is no fee for such applications.
louise
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Hi Louise,
That makes sense, but just playing devil's advocate:-
Article 3 of the GPDO 1995 grants planning permission for permitted development.
So in theory Part 31 grants planning permission for the demolition of a building, subject to the prior approval process. Is there something preventing this?
If not, a side effect may be that you could demolish an unlisted building in a conservation area if the LPA doesn't respond to your application for a determination as to whether prior approval is required within 28 days!
J
Steve Speed - The Planning Jungle website, modified 10 Years ago.
Abolition of Conservation Area Consent
Enthusiast Posts: 70 Join Date: 12/08/13 Recent PostsHi John,
SI 2013 No. 2147 amended Part 31 Class A (from 01/10/2013 onwards) so that “relevant demolition” (i.e. the demolition of an unlisted (etc) building in a CA) is no longer permitted development under Class A.
SI 2013 No. 2435 amended Part 31 Class B (from 01/10/2013 onwards) so that “relevant demolition” (i.e. the demolition of an unlisted (etc) building in a CA) is no longer permitted development under Class B.
As such, those types of demolition that previously required CAC (and were an offence without CAC) now require PP (and are an offence without PP) and are no longer permitted development under Part 31 of the GPDO 1995.
For reference, the first of the above SIs was made on 29/08/2013, but contained a significant error because it didn't amend Part 31 Class B. Subsequently, the second of the above SIs was made on 24/09/2013, which was just in time to correct this significant error before both of the above SIs came into force 01/10/2013.
Thanks,
Steve
Phew! Thanks Steve. I should have consulted your consolidated version before I posted!
Richard Crawley, modified 10 Years ago.
Abolition of Conservation Area Consent
Expert Posts: 256 Join Date: 07/12/11 Recent Posts
One day someone is going to erect a statue to Steve. With appropriate permissions, of couse.
They can already fly his flag.
Steve Speed - The Planning Jungle website, modified 10 Years ago.
Abolition of Conservation Area Consent
Enthusiast Posts: 70 Join Date: 12/08/13 Recent Posts
Evelyn Gilder, modified 10 Years ago.
Abolition of Conservation Area Consent
New Member Posts: 14 Join Date: 21/10/11 Recent PostsJohn, the planning portal issued some guidance last month by email regarding the new forms to go with these applications and also mentioned these applications should be treated as planning applications for the purposes of the stat reg and stats. Let me know if you would like a copy.
John Theobald, modified 10 Years ago.
Abolition of Conservation Area Consent
Enthusiast Posts: 61 Join Date: 19/10/11 Recent PostsAll,
I emailed CLG about coding the Applications for Demolition in a Conservation Area, for PS2 reporting, and at the moment the statisticians have not yet decided. Have any of you made any decisions regarding development type coding of Applications for Demolition in a Conservation Area (received 1 October onwards). Are you still using 025 for these? Many thanks for any tips you can share. John
I note on the Planning Portal website that they have essentially removed the words Conservation Area Consent and replaced them with Planning Permission on all guidance relating to demolition in Conservation Areas.
The result is that they now state that planning permission is only required where a building is greater than 115 cubic metres or you wish to demolish a wall etc over 1m in height. I am not sure whether these triggers still apply now that Conservation Area Consents have been abolished? Can anyone shed any light on this?
thanks
Emma,
The rules for planning permission for demolition in a Conservation Area remain the same as they were for CAC. The definition of relevant demolition hasn't changed. The only advantage from an applicant's perspective is when they are demolishing as part of a redevelopment that requires planning permission. The two operations can be wrapped up in one application rather than needing two seperate consent regimes. Its all part of the government's streamlining initiatives.
louise
Thanks Louise
I had missed that the Circular etc were still in place. It might be nice as part of the streamlining initiatives if the Government re-wrote the Planning Act!
What about a situation where the replacement for the demolished structure is permitted development e.g. a hypothetical wall 1.7 metres which is to be replaced by wall under 1 metre high ?
Or the case I am scratching my head about - a proposal by the Highway Authority to demolish a 1.7 metres high retaining wall within the highway with a retaining wall of the same height and similar design. Part 13 'Development by Highway Authorities' seems to bestow permitted development rights for this regardless of whether the development is on Article1(5) land or not .
Does the replacement of CAC with need for planning permission also strip away any pd rights that may otherwise be available for new or rebuild ?