The following Property guidance note Produced in partnership with Sarah Bolton and Alistair Watson of Taylor Wessing provides comprehensive and up to date legal information covering:
Under section 55(1) of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for any development carried out on land. Development is broadly defined as building, engineering or mining operations, or any material change of use. TCPA 1990, s 55(1A)(a) expressly defines the demolition of buildings as a building operation and so it falls within the definition of development. There is therefore a general obligation for planning permission to be obtained for any demolition. See Practice Note: Operational development.
TCPA 1990, s 55(2)(g), allows demolition of certain types of building to be exempted from the definition of development where a Direction to that effect has been made by the Secretary of State. The Town and Country Planning (Demolition—Description of Buildings) Direction 1995 (the 1995 Direction) initially allowed for the demolition of the following types of building without the need for planning permission:
any listed building
any building in a conservation area
any building which is a scheduled monument
any building other than a dwellinghouse or adjoining a dwellinghouse
any building with a cubic content not exceeding 50 cubic metres, and
the whole or any part of any gate, fence, wall or other means of enclosure
However, the Court of Appeal in Save Britain's Heritage held that the demolition of buildings and other
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