Posted: Friday, 1 April 2011 @ 15:58
The Court of Appeal has recently ruled that the demolition of a building can come under the definition of a "project" under EU Law.
Why is this important? Under normal planning rules the demolition of a building does not require planning permission
This case means that where demolition is likely to have a significant impact on the environment planning permission and an Environmental Impact Assessment will be required i.e. in most cases.
Please note there are special protections that prevent the demolition of listed buildings and properties within a conservation area.
It is also important to remember that even if planning permission or other consents are not required the local planning authority must be given at least 6 weeks' notice before work commences to demolish a building. Failure to do so is a criminal offence.
Developers who are looking to implement a planning permission that requires existing buildings to be knocked down should check that this is specifically included in the decision. If not then 6 weeks' notice should be given to ensure that no offence is committed.
See also our A-Z Guide to Planning jargon here
Steve Petty
Commercial Property Solicitor
0845 003 5639
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