Correspondence

The Town and Country Planning (Demolition - Description of Buildings) Direction 2014

This Direction replaces the partially quashed Town and Country Planning (Demolition – Description of Buildings) Direction 1995.

Documents

The Town and Country Planning (Demolition - Description of Buildings) Direction 2014

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Details

The Town and Country Planning (Demolition - Description of Buildings) Direction 2014 (“the 2014 Direction”) replaces the partially quashed Town and Country Planning (Demolition - Description of Buildings) Direction 1995 (“the 1995 Direction”) to make the current position clearer for users - it does not change the law.

The Court of Appeal quashed paragraphs 2(1)(a) to (d) of the 1995 Direction in the case of SAVE Britain’s Heritage v SSCLG [2011] EWCA Civ 334, meaning that the demolition of:

a listed building,

a building in a conservation area,

a building which is a scheduled monument, or

a building that is not a dwelling house or adjoining a dwelling house

is ‘development’, bringing the demolition of these structures in line with the treatment of residential buildings generally. The SAVE judgement was drawn to the attention of local planning authorities (PDF, 47.9 KB) on 31 March 2011.

The 2014 Direction exactly replicates the current position with respect to those de minimis descriptions of buildings (previously at paragraphs (e) and (f) of the 1995 Direction, and not quashed by the Court in SAVE) the demolition of which is not ‘development’.

Published 7 March 2014