The following Local Government guidance note provides comprehensive and up to date legal information covering:
This Practice Note explains the offences which may be committed under either the Town and Country Planning Act 1990 (TCPA 1990) or the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) in respect of unauthorised development in a conservation area in England or Wales, the statutory defences to these offences and the sentences which may be imposed following conviction. It also covers how a local planning authority (LPA) may take enforcement action against such unauthorised development.
Conservation area offences and enforcement arise primarily as a result of the unauthorised demolition of buildings situated within them. While the regimes in place in England and Wales are broadly similar, they are governed by different statutes and there are some key differences. Schedule 17 to the Enterprise and Regulatory Reform Act 2013 split the governing statute such that offences in England are now governed by TCPA 1990 and offences in Wales continue to be governed by P(LBCA)A 1990. In England, it is an offence to carry out demolition in a conservation area without planning permission, and in Wales it is an offence to carry out demolition in a conservation area without conservation area consent.
Carrying out (or causing or permitting) ‘relevant demolition’ without planning permission in England constitutes an offence under TCPA 1990, s 196D(1). Failing to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.