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Demolition - total Print

The total demolition of a building will be construed as ‘development’, and it is also specifically defined as a ‘building operation’ within the definition of development (s55(1A)(a)TCPA 1990). But, there are exceptions when planning permission for total demolition will not be required:

  • GPDO ‘permitted development’: GPDO 1995 gives deemed planning permission for ‘any building operation consisting of the demolition of a building’. However, this only applies if prior approval is obtained for the method of demolition and the restoration of the site (unless urgent demolition is needed for health and safety reasons). But, the LPA cannot object to the principle of demolition – it is just the method of demolition that they can monitor. This assumes, of course, that there is not an Article 4 direction that excludes total demolition from being a ‘permitted development’ under GPDO;
  • Demolition Directive: the Secretary of State has made directions under s55(2)(g) TCPA 1990 that certain acts of total demolition will not require planning permission. In particular, this will include a building whose volume is less than 50 cu m, and, importantly, any building other than a dwelling house (or a building adjoining a dwelling house).
June 2009
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