Q&As

A few days before permitted development approval was given for a barn it was burnt down due to arson. What is the current status of the barn?

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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys
Published on LexisPSL on 11/01/2018

The following Planning Q&A Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys provides comprehensive and up to date legal information covering:

  • A few days before permitted development approval was given for a barn it was burnt down due to arson. What is the current status of the barn?

This response considers the planning status of a building following a fire, and the availability of permitted development rights for such properties in England.

Unfortunately, if a building has been totally destroyed by fire (or by other means), there is no automatic right to rebuild it.

Section 55(1A)(b) of the Town and Country Planning Act 1990 confirms that ‘rebuilding’ is a building operation requiring planning permission, which means planning permission would be required to reinstate the building, even if it was being rebuilt in an identical form.

If a building has been partially destroyed, then whether the remedial works constitute alteration or improvement (which may benefit from permitted development rights) or constitute

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