Forum

Q: It has been put to us that if a planning application is submitted for the demolition of an existing building in a conservation area and its replacement by a new building, there is no need for the applicant to submit a separate application for conservation area consent for the demolition because this is covered by the planning application. I cannot find anything in the legislation to support this view. We would welcome clarification. RA

A: Paragraph 31(1)(g) of Circular 01/01 directs that section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 does not apply to any building required to be demolished by virtue of a condition of a planning permission. Therefore, when considering a planning application for the redevelopment of a site in a conservation area, you should impose a condition requiring the existing buildings' demolition. Bryn Kitching

A: I believe an application is technically required for both. The confusion may have arisen because there is now a combined application form, so you only complete one form for both permissions. Keith Oliver

A: I would suggest another possible reason for the confusion. The direction accompanying Circular 10/95 indicates that planning permission is not required to demolish buildings in conservation areas as they are already protected by the conservation area consent regime. Should there be any doubt about the need for two permissions, it should be noted that there is a standard planning application form for planning permission and conservation area consent. John Harrison

NEXT QUESTIONS

An application was submitted by a tenant of the premises involved. A new owner then bought the property and lodged an appeal against refusal of the application. Section 78(1) of the Town and Country Planning Act 1990 states that only "the applicant" may appeal. I can find no legislative provision that allows the transfer of appeal rights. Is there scope for judicial review here? CN

A householder wants to add 10cm-thick external wall insulation to the first floor rear elevation of a terraced dwellinghouse that is not in a conservation area. I would like to say this does not require permission, but the General Permitted Development Order 1995 as amended does not cover such situations well. Have you any interpretations that might stop me from having to add to the argument that the planning system is an obstacle to sustainable development? JD

Do you have an answer to these questions? If so, please email it to Forum editor John Harrison at casebook@haymarket.com by 7 December. We also welcome your queries, which can be emailed to the same address.

On our website

PlanningResource features two online forums dedicated to development management matters. On the forums you can comment on questions raised in this column, or comment on other development management-related topics. Go to PlanningResource.co.uk/forum for details.


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