Demolition, EIA Screening Opinions, and permitted development - Public forum - Planning Advisory Service (PAS)
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Demolition, EIA Screening Opinions, and permitted development
Former Member, Addaswyd 13 Years yn ôl.
Demolition, EIA Screening Opinions, and permitted development
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The Appeal Court ruling on the SAVE case on 25 March has thrust the EIA regulations into the spotlight again. The ruling is clear enough: demolition is a matter to be taken into account when issuing a screening opinion as to whether or not a project needs an EIA. Since the direct effect of the ruling was to quash a decision precisely because this hadn't happened, it would seem that any approved and unimplemented scheme including demolition is at risk of legal challenge, and the demolition of any buildings will need planning permission (unless demolition was explicitly taken into account in the screening opinion). The problem then is how to rectify the situation for approved schemes that are at risk. I see nothing in the regs that would stop a developer asking for a new screening opinion, noting that there is no allowance for a council to volunteer a new opinion unless a new application is submitted. In relation to permitted development, my understanding is that where a screening opinion specifically omits demolition as a matter taken into account (or where a screening opinion was not given) no building can be demolished, since demolition (even where a redevelopment scheme has been approved) is a permitted development right that is superseded by the EIA regs. Only when a compliant screening opinion has been issued can demolition take place under p.d. rights (assuming the opinion is that EIA is not required!). Correct, or have I gone wrong somewhere?
Former Member, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
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It's a shame no one has responded to this as I have a similar query. I have an application for prior approval for demolition where no screening opinion has been requested. The EIA Regs do not provide for the screening of prior approval applications, only applications for planning permission. However the scope for dealing with a prior approval application does not include a mechanism to state that the demolition may not be permitted development due to the absence of a negative EIA screening opinion. How are other authorities dealing with this?
Julie Greer, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
New Member Postiadau: 8 Dyddiad Ymuno: 20/10/2011 Bostiadau diweddar
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I have a case where demolition of a single family home, out side of a CA was refused, citing insufficient justification has been provided that it is necessary to replace the existing dwelling and that maintenance and extension of the dwelling would not be feasible. Do LA have this right under the GDO? There are tow properties either side.
Former Member, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
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Hi Julie, I would suggest you set up your own question for that because its a separate issue from the EIA Regs.
Former Member, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
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Katie We have adopted the approach of screening prior notifications. Whilst it is not in accordance with the domestic legislation as you point out, my view that it would, by virtue of part 31 of GPDO and the recent SAVE case, granting prior notification would be the granting of a development consent as per EU legislation. Quite how we will approach a prior notification that is positively screened I have no idea yet. Essentially I guess we would have refuse to deal with the prior notification and require a planning application to be submitted. Legislation really needs to catch up quickly with the SAVE case.
Former Member, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
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Jason To be clear, the effect of the SAVE case is that it is not possible to grant prior approval for a demolition without having first provided or obtained a Screening Opinion that the demolition (or development involving demolition) does not need an Environmental Statement. If the Screening Opinion is positive (ie. and ES is required), then an application for Prior Approval is rendered 'not an application' because the very of fact of an ES requirement means permitted development rights cannot be used. The SAVE decision also applies retrospectively, which is why it's a potential can of worms for redevelopment schemes already approved that didn't specifically include any demolition works. It also means a Prior Approval already granted without a Screening Opinion is going to have problems (if anyone can be bothered to mount a challenge of course!).
Former Member, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
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So far so good but how exactly is one meant to screen a demolition project (where there is no subsequent contruction project). The development type (demolition of redundant buldings and restoration of land to grassland) does not appear to fall within any of the categories in Sched 1 or 2. Does that mean an ES cannot be required irrespective of the scale of demolition and the environmental impacts of the operation where there is no subsequent construction project?
Former Member, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
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Looking again at the regulations it appears as if where a prior notification application is received (and if we treat this as an application under Part 3) AND the project has not been the subject of a screening opinion, THEN the LPA cannot adopt a screening opinion unless the project comes within Sched 1 or 2, WHEREAS a developer can request a screening opinion under Part 2 whether or not the project comes within the Schedules. AND irrespective of whether or not a developer has requested a screening opinion, and what that opinion says, the prohibition on GPDO permissions expressly relates to only Sched 1 and 2 development and nothing else
Former Member, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
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So it appears as if the changes simply result in more DMI notifications but NONE of them will ever require a screening opinion (let alone an environmental statement) as demolition (on its own and disconnected from subsequent redevelopment) will always fall outside of Sched 1 and 2 – and DMI notifications only come into play for projects which only involve demolition on its own.
Former Member, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
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#Sorry. DMI is the local suffix we use for PArt 31 prior notifications
Former Member, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
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A scheme of demolition alone is just as capable as falling within Schedule 2 of the EIA regs as anything else (noting that Schedule 1 schemes by definition include 'new-build' elements). It would seem likely that a demolition-only proposal requiring an EIA would be extremely rare to say the least, applying to only the largest demolition schemes that might be capable of having a 'significant environmental effect'. This, of course, is the point SAVE was making when it won its court case last March, since it was challenging the use of permitted development rights to demolish hundreds of houses in the absence of any prior consideration of the environmental impact.
Former Member, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
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Andrew Thanks for the reply, but where in Sched 2 could this apply? At the top of the table (above category 1) there is the text "The carrying out of development to provide any of the following" It seems to me nothing is 'provided' by demolition?
Former Member, Addaswyd 12 Years yn ôl.
Re: Demolition, EIA Screening Opinions, and permitted development
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Richard A fair point, though it wouldn't surprise me if there's a legal interpretation of 'provide' in this context that would encompass demolition. Even so, an important consieration in EIA screening is the cumulative impact of a development with other developments. Since any demolition is the precursor to some other development (whether that's open space of some sort or buildings; whether immediately carried out or not), it would be straightforward to conclude that a stand alone demolition proposal is EIA development in some circumstances, where it would be part of a development falling within Schedule 2.