Do I need planning permission for demolition?

Probably, but it depends on a few factors. “It depends” is often a frustrating answer, but it is usually the correct one. This is especially true in the construction industry.

Legislation is intended to cover every possible scenario. As such, there is considerable overlap and a few grey areas which we will attempt to clarify below.

When is planning permission required?   

You’ll need planning permission if the work being carried out is “development.” More specifically, if it meets the definition of development as set out in section 55 of the Town and Country Planning Act 1990.

In case you don’t have your copy of TCPA1990 to hand, development is defined as “the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land.”

But wait, there’s more! For the purpose of this act, “Building Works” includes the demolition of buildings.

Planning permission will be required for demolition even when there is no intention to rebuild on a plot, or if there is nothing in the surrounding area.

Even if a building has been deemed unsafe, planning permission is required for demolition if it became unsafe due to the action or inaction of any individual with any interest in the land, and couldn’t be made safe by temporary support or repair.

Decommissioning of petrochemical/nuclear plants also falls into the “requires planning permission” category.

When is planning permission not required?

Works could already be covered by national Permitted Development Rights, a Neighbourhood Development Order, or a Community Right to Build Order.

Examples of works that likely will not require planning permission
• Demolition of internal statues, monuments, or memorials.
• Demolition of listed buildings or scheduled ancient monuments - (this will require alternative consent through the Heritage Consent Process https://www.gov.uk/guidance/conserving-and-enhancing-the-historic-environment#heritage-consent-processes)
• Demolition of a building under 50 cubic metres.
• Demolition of all or part of a fence/wall/gate or other form of enclosure.

Is there anything else worth noting?

“Planning Permission” is a specific term in this instance referring to requesting and receiving permission from a local authority.

There are instances as mentioned above where works could potentially be covered by existing orders. There will also be instances where additional consent is required, for example, Listed Building Consent.

If demolition is occurring as part of, or a precursor to, a larger development, this could be included in the planning request for the development as a whole to minimise the number of applications made and the total man-hours spent on them at either end.

As restrictions and red tape tend to increase exponentially with the size and scope of works, a good rule of thumb is that if Hughes and Salvidge would carry them out (e.g. larger, more industrial-based works), permission would be required.

The safest thing to do is to always double check before carrying out any demolition project (or construction work, for that matter) and the most thorough, accurate source to check would be https://www.gov.uk/guidance/when-is-permission-required#do-i-need-to-apply-for-planning-permission-to-demolish-a-building-or-structure