Property owners, developers and facility managers considering structural demolition now need to factor in environmental issues.
A Court of Appeal judgement in March 2011 ruled that demolition activities constituted a “project” under EU Directive 85/337/EEC and that elements of UK Town and Country Planning Regulations were unlawful.
What has changed?
The judgement has resulted in almost all demolition now needing planning permission. Demolition in a Conservation Area or parts of a listed building will still require Conservation Area and/or Listed Building Consent.
Where demolition might have a significant impact on the environment, a screening opinion should be sought as to whether an Environmental Impact Assessment (EIA) is required. Where a full EIA is not required, the planning authority may still require some environmental information.
What is happening with this change?
The Government is currently reviewing planning legislation, including permitted development under the General Permitted Development Order 1995 (GPDO). The judgement has also been drawn to the attention of planning authorities who have started to implement the requirements.
A notification of demolition has to be submitted to the planning authority, who will determine if approval is required. Where a site is being redeveloped, demolition could still form part of the planning permission and the project description, requiring details of the environmental and sustainability aspects.
For significant environmental impacts, the planning authority will determine whether an appropriate level of EIA is required to accompany a full planning application. The above applies in England and Wales, with similar measures being introduced in Scotland.
Further information and assistance
For further information, please email info@cra.co.uk or telephone 0115 965 6700.
