- Latest available (Revised)
- Point in Time (21/04/2021)
- Original (As made)
Version Superseded: 01/08/2021
Point in time view as at 21/04/2021.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Town and Country Planning (General Permitted Development) (England) Order 2015. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
B. Any building operation consisting of the demolition of a building.
B.1 Development is not permitted by Class B if—
(a)the building has been rendered unsafe or otherwise uninhabitable by the action or inaction of any person having an interest in the land on which the building stands and it is practicable to secure safety or health by works of repair or works for affording temporary support;
(b)the demolition is “relevant demolition” for the purposes of section 196D of the Act (demolition of an unlisted etc building in a conservation area) M1;F1...
[F2(c)the building is used, or was last used, for a purpose falling within Class A4 (drinking establishments) of the Schedule to the Use Classes Order, including a purpose as described in Class AA (drinking establishments with expanded food provision) of Part 3 of Schedule 2 to this Order.] [F3; F4...
(d)the building is used, or was last used, for the purpose of—
(i)a concert hall;
(ii)a venue for live music performance; or
(iii)a theatre] [F5; or]
[F5(e)the demolition relates to a statue, memorial or monument (“a commemorative structure”) in place for a period of at least 10 years on the date of any proposed demolition, other than a commemorative structure—
(i)that is a listed building;
(ii)that is a scheduled monument;
(iii)within a cemetery, on consecrated land, or within the curtilage of a place of public worship;
(iv)within the grounds of a museum or art gallery; or
(v)within the curtilage of a dwellinghouse]
Textual Amendments
F1Word in Sch. 2 Pt. 11 Class B para. B.1 omitted (3.12.2020) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) Regulations 2020 (S.I. 2020/1243), regs. 1(2), 6(a) (with reg. 12(3)(4))
F2Sch. 2 Pt. 11 Class B para. B.1(c) substituted (23.5.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 4(a) (with art. 5)
F3Sch. 2 Pt. 11 Class B para. B.1(d) and word inserted (3.12.2020) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Regulations 2020 (S.I. 2020/1243), regs. 1(2), 6(b) (with reg. 12(3)(4))
F4Word in Sch. 2 Pt. 11 Class B para. B.1(c) omitted (21.4.2021) by virtue of The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 11(2)(a) (with art. 15(3))
F5Sch. 2 Pt. 11 Class B para. B.1(e) and word inserted (21.4.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 11(2)(b) (with art. 15(3))
Marginal Citations
M1Section 196D was inserted by paragraph 6 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).
B.2 Development is permitted by Class B subject to the following conditions—
(a)where demolition is urgently necessary in the interests of safety or health and the measures immediately necessary in such interests are the demolition of the building the developer must, as soon as reasonably practicable, give the local planning authority a written justification of the demolition;
(b)where the demolition does not fall within paragraph (a) and is not excluded demolition—
[F6(i)the developer must, before beginning the development, apply to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the method of demolition and any proposed restoration of the site;]
(ii)an application described in [F7paragraph (b)(i)] must be accompanied by a written description of the proposed development, a statement that a notice has been posted in accordance with paragraph (b)(iv) and any fee required to be paid;
F8(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iv)subject to paragraph (b)(v), the applicant must display a site notice by site display on or near the land on which the building to be demolished is sited and must leave the notice in place for not less than 21 days in the period of 28 days beginning with the date on which the application was submitted to the local planning authority;
(v)where the site notice is, without any fault or intention of the applicant, removed, obscured or defaced before the period of 21 days referred to in paragraph (b)(iv) has elapsed, the applicant is treated as having complied with the requirements of that paragraph if the applicant has taken reasonable steps for protection of the notice and, if need be, its replacement;
F9(vi). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vii)F10... the development must not begin before the occurrence of one of the following—
(aa)the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
(bb)where the local planning authority give the applicant notice within 28 days following the date of receiving the application of their determination that such prior approval is required, the giving of such approval; or
(cc)the expiry of 28 days following the date on which the application was received by the local planning authority without the local planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;
(viii)the development must, except to the extent that the local planning authority otherwise agree in writing, be carried out—
(aa)where prior approval is required, in accordance with the details approved;
(bb)where prior approval is not required, in accordance with the details submitted with the application;
(ix)F11... the development must be carried out—
(aa)where approval has been given by the local planning authority, within a period of 5 years from the date on which approval was given;
(bb)in any other case, within a period of 5 years from the date on which the local planning authority were given the information referred to in paragraph (b)(ii); and
F12(x). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 2 Pt. 11 Class B para. B.2(b)(i) substituted (23.5.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 4(b) (with art. 5)
F7Words in Sch. 2 Pt. 11 Class B para. B.2(b)(ii) substituted (23.5.2017) by The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 4(c) (with art. 5)
F8Sch. 2 Pt. 11 Class B para. B.2(b)(iii) omitted (23.5.2017) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 4(d) (with art. 5)
F9Sch. 2 Pt. 11 Class B para. B.2(b)(vi) omitted (23.5.2017) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 4(e) (with art. 5)
F10Words in Sch. 2 Pt. 11 Class B para. B.2(b)(vii) omitted (23.5.2017) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 4(f) (with art. 5)
F11Words in Sch. 2 Pt. 11 Class B para. B.2(b)(ix) omitted (23.5.2017) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 4(g) (with art. 5)
F12Sch. 2 Pt. 11 Class B para. B.2(b)(x) omitted (23.5.2017) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 4(h) (with art. 5)
B.3 For the purposes of Class B—
F13...
[F14“cemetery” has the meaning given by section 214(8) of the Local Government Act 1972;
“dwellinghouse” does not include educational accommodation;]
“excluded demolition” means demolition—
on land which is the subject of a planning permission, for the redevelopment of the land, granted on an application or deemed to be granted under Part 3 of the Act (control over development),
permitted to be carried out by a consent under Part 1 of the Ancient Monuments and Archaeological Areas Act 1979 (scheduled monument consent) M2,
permitted to be carried out by a consent under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (listed building consent) M3,
required or permitted to be carried out by or under any other enactment, or
required to be carried out by virtue of a relevant obligation;
F13...
F13...
F13...
“relevant obligation” means—
an obligation arising under an agreement made under section 106 of the Act, as originally enacted (agreements regulating development or use of land);
a planning obligation entered into under section 106 of the Act, as substituted by section 12 of the Planning and Compensation Act 1991 (planning obligations) M4, or under section 299A of the Act (Crown planning obligations) M5;
an obligation arising under, or under an agreement made under, any provision corresponding to section 106 of the Act, as originally enacted or as substituted by the Planning and Compensation Act 1991, or to section 299A of the Act;
“site notice” means a notice containing—
the name of the applicant,
a description, including the address, of the building or buildings which it is proposed to be demolished,
a statement that the applicant has applied to the local planning authority for a determination as to whether the prior approval of the authority will be required as to the method of demolition and any proposed restoration of the site,
the date on which the applicant proposes to carry out the demolition, and
the name and address of the local planning authority,
and which is signed and dated by or on behalf of the applicant;
F13...
F13...
Textual Amendments
F13Words in Sch. 2 Pt. 11 Class B para. B.3 omitted (23.5.2017) by virtue of The Town and Country Planning (General Permitted Development) (England) (Amendment) (No. 2) Order 2017 (S.I. 2017/619), arts. 1, 4(i) (with art. 5)
F14Words in Sch. 2 Pt. 11 Class B para. B.3 inserted (21.4.2021) by The Town and Country Planning (General Permitted Development etc.) (England) (Amendment) Order 2021 (S.I. 2021/428), arts. 1(1), 11(3) (with art. 15(3))
Marginal Citations
M21979 c. 46; see in particular sections 2 to 4, relevant amendments to which are made by section 33 of, and Schedule 4 to, the National Heritage Act 1983 (c. 47) and Schedule 2 to the Planning Act 2008 (c. 29).
M31990 c. 9; see in particular sections 7, 8 and 18, relevant amendments to which are made by section 51 of the Planning and Compulsory Purchase Act 2004 (c. 5) and Schedule 2 to the Planning Act 2008, S.I. 2001/24. Those sections are modified in relation to buildings in conservation areas by S.I. 1990/1519.
M41991 c. 34. Section 106 of the Act was amended by section 33 of the Greater London Authority Act 2007 (c. 24), section 174 of the Planning Act 2008 and Schedule 2 to the Growth and Infrastructure Act 2013 (c. 27).
M5Section 299A was repealed by Schedule 9 to the Planning and Compulsory Purchase Act 2004 (c.5).
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: