Demolition Requires Planning Permission

New developments require planning permission, as is well known, and so do projects that affect the environment. But can demolition of an existing building be considered to be a project affecting the environment, thus meaning planning permission is required?

The Court of Appeal has ruled that the answer to this question is ‘yes’.

The issue arose when the demolition of a brewery in Lancaster was proposed. Lancaster City Council contended that the law did not require approval to be given because the demolition did not amount to a ‘development’ under the applicable English law. At issue was whether English law had correctly incorporated the terms of the EU Council Directive it sought to implement.

Opponents of the project argued that the brewery buildings made ‘a positive and significant contribution to the character and appearance of these conservation areas’. They claimed that the demolition proposal was subject to EU law that governs ‘projects’ that are likely to have significant effects on the environment. The Council argued that the Directive did not apply.

The Court ruled that English law did not fully implement the Directive. It cited an earlier case in Ireland, which concluded that ‘by excluding demolition works from the scope of its legislation transposing that Directive, Ireland has failed to fulfil its obligations under that Directive’.

Demolition of buildings on a site must be considered capable of creating something new and thus are subject to normal planning procedures.