This document provides a quick reference guide for demolition, and includes flowcharts that show whether the demolition constitutes "development" and whether the demolition constitutes "permitted development":
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Statistics for the above document:
- Last updated: May 2017 (regular updates not required).
- Number of separate Acts incorporated: 3
- Number of separate Directions incorporated: 2
- Number of separate Regulations incorporated: 1
- Number of separate Orders incorporated: 3
The information within the first flowchart is based upon the following:
- Town and Country Planning Act 1990:
- Section 196D of the above TCPA 1990 provides the starting point for the definition of "relevant demolition".
- Enterprise and Regulatory Reform Act 2013:
- Section 63 and Schedule 17 of the above ERRA 2013 inserted section 196D into the TCPA 1990.
- The Enterprise and Regulatory Reform Act 2013 (Commencement No. 3, Transitional Provisions and Savings) Order 2013:
- Article 2 of the above Order brought into force section 63 and Schedule 17 of the ERRA 2013.
- Planning (Listed Buildings and Conservation Areas) Act 1990:
- Section 74 and section 75 of the above LBCA Act 1990 are referenced by the definition of "relevant demolition" within section 196D of the TCPA 1990.
- The Town and Country Planning (Demolition - Description of Buildings) Direction 2014:
- The above Direction sets out that certain types of demolition shall not be taken to be "development" for the purposes of the TCPA 1990.
- The Conservation Areas (application of section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990) Direction 2015:
- The above Direction constitutes the type of “direction” referenced by section 75 of the LBCA Act 1990.
The information within the second flowchart is based upon the following:
- The Town and Country Planning (General Permitted Development) (England) Order 2015:
- Article 3(10) of the above GPDO excludes “EIA development” (note: subject to article 3(11) and 3(12)).
- Schedule 2 Part 11 Class B of the above GPDO permits “the demolition of a building”.
- Schedule 2 Part 11 Class C of the above GPDO permits “the demolition of the whole or any part of any gate, fence, wall or other means of enclosure”.
- The Town and Country Planning (Environmental Impact Assessment) Regulations 2017:
- Regulation 73 of the above Regulations amended article 3(10) and 3(11) of the GPDO 2015.
- The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017:
- Article 4 of the above Order amended Schedule 2 Part 11 Class B of the GPDO 2015.
Updates relating to this page:
- To view a list of updates relating to this page, please view the following category:
- Category: Demolition - Quick Reference Guide