The previous system
In England prior to the 1st October 2013, demolition of almost any unlisted building required conservation area consent under s.74(1) Planning (Listed Building & Conservation Areas) Act 1990. As many projects of demolition involved a new build requiring planning permission, there was a strong case for incorporating consent for demolition in conservation areas within planning control, thereby abolishing conservation area consent.
Prior to the reform, under the Town and Country Planning (Demolition – Description of Buildings) Direction 1995, planning permission was not required for demolition which needed conversation area consent. However, in March 2011 the Court of Appeal in R (SAVE Britain’s Heritage) v Secretary of State for Communities and Local Government declared that most of the Demolition Direction was unlawful under this system. As a result, planning permission was also required for demolition alongside conservation area consent. This provided a substantial case for the abolishment of the latter to avoid duplication.
A review of the prior system was commissioned by the Government in 2009. The Penfold Report, published in July 2010, recommended the merger of conservation area consent with planning permission.
Reform of the system
On 1st October 2013, the changes recommended were implemented and conservation area consent is now no longer required for the total or substantial demolition of an unlisted building in a conservation area. Instead, only planning permission is required under the Town and Country Planning Act 1990 (TCPA 1990).
These changes were brought about by The Enterprise and Regulatory Reform Act 2013 (ERRA) which received Royal Assent on 25 April 2013. The main purpose of the ERRA was to encourage long-term growth and simplify regulation, which includes the introduction of changes to the previous conservation area and listed building system. The changes stemmed from the Government’s drive for simplicity and efficiency, with a focus on streamlining the heritage protection system and improving planning to facilitate growth and development.
Liability considerations
As conservation area consent gave rise to immediate criminal liability and breach of planning control does not, a number of consequential changes have been made to maintain protection of this area.
It is now ‘an offence for a person to carry out or cause or permit to be carried out relevant demolition without the required planning permission’ under s.196A (1) TCPA 1990. Similarly, it is ‘an offence for a person to fail to comply with any condition or limitation subject to which planning permission for relevant demolition is granted’ under s.196D (2).
Both offences may go to trial, with a maximum sentence of 12 months imprisonment in the magistrates’ court, or 2 years’ imprisonment in the Crown Court, or a fine in either Court. As planning permission is in any event required for demolition, the local planning authority also has the usual range of enforcement provisions available.
Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases.
For further information, please contact Andy Parker at
