2-step approach demolishing front boundary wall > 1m in conservation area - Public forum - Planning Advisory Service (PAS)
2-step approach demolishing front boundary wall > 1m in conservation area
Glen C, modified 10 Months ago.
2-step approach demolishing front boundary wall > 1m in conservation area
New Member Posts: 5 Join Date: 03/02/23 Recent PostsTwo-step approach demolishing a front boundary wall taller than 1m in conservation area
An applicant was granted a LDC to alter a front boudnary wall, reducing its height from 1.2 metres to 0.9 metres (granted under Class A, Part 2).
The applicant then carried out the works as per LDC.
The applicant has now applied for an LDC to demolish the 0.9m boudary wall, on the basis that it would be PD under Class C of Part 11 (as the demolotion of a 0.9m tall wall, as opposed to a wall >1m, does not constitute "relevant demolition".
I feel that the applicant has taken this "two-step" approach with the ulterior motive to demolish a 1.2m front boudnary wall, which would not been possible as a single building operation.
Does the LDC need to be approved?
richard white, modified 10 Months ago.
RE: 2-step approach demolishing front boundary wall > 1m in conservation ar
Advocate Posts: 212 Join Date: 26/11/18 Recent PostsHi Glen
have I missed something?
My reading of GPDO Part 11 Class C leads me to "Development is not permitted by Class C if the demolition is “relevant demolition” for the purposes of section 196D of the Act (demolition of an unlisted etc building in a conservation area)" which leads in turn to S75 of the LB&CA Act, which leads in turn to https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/979413/Demolition_Direction_2021.pdf which seems to include the demolition of the whole of any wall in a CA in 'relevant demolition' and therefore excludes it from Class C.
At the risk of exposing my lack of knowledge, I'm not seeing the 0.9M threshold you describe...
Glen C, modified 10 Months ago.
RE: 2-step approach demolishing front boundary wall > 1m in conservation ar
New Member Posts: 5 Join Date: 03/02/23 Recent PostsHi Richard,
If I'm not mistaken, I think the link you provided merely confirms that the demolition of any wall/gate/fence in a CA is development (which is indeed the case here).
However, if you look at this Direction:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/415853/150316_Final_Conservation_Areas_Direction.pdf
Section 4(b) states that the demolition of "any gate, wall, fence or means of enclosure which is less than one metre high which abuts on a highway (including a public footpath or bridleway), waterway or open space, or less than two metres high in any other case;" whilst development, is not classified as "relevant demolition". Therefore, it could be demolished under Class C...
no?
richard white, modified 10 Months ago.
RE: 2-step approach demolishing front boundary wall > 1m in conservation ar
Advocate Posts: 212 Join Date: 26/11/18 Recent PostsGlen, you're right, I muddled my directions.
Re your original question your hands are probably tied at this point aren't they?
Unless you fancy flying a kite and revoking the original LDC on the basis that relevant information was withheld (the intention to demolish the reduced wall) and this was material to the first LDC as with this information you might have held that the reduction in height was partial demolition, not an alteration, and therefore not PD?
Although if the work has already been carried out I'm not sure what the revocation would mean in practice?
Glen C, modified 10 Months ago.
RE: 2-step approach demolishing front boundary wall > 1m in conservation ar
New Member Posts: 5 Join Date: 03/02/23 Recent Poststricky one to argue against, nomatter how "wrong" it seems. Even if there was intent, everything was done (or rather is being done) as two separate building operations.
B Q, modified 9 Months ago.
RE: 2-step approach demolishing front boundary wall > 1m in conservation ar
New Member Posts: 4 Join Date: 02/03/20 Recent PostsWas neither Class A Part 2 or Class C of Part 11 removed by the Article 4 direction for the Conservation area?
Glen C, modified 9 Months ago.
RE: 2-step approach demolishing front boundary wall > 1m in conservation ar
New Member Posts: 5 Join Date: 03/02/23 Recent PostsNo A4D (relevant to the proposals)