Conservation area consent

Conservation area consent was introduced by section 74(1) of the Planning (Listed Building & Conservation Areas) Act 1990. This required conservation area consent for the demolition of most buildings in conservation areas.

However, the 2010, the Penfold Review, ‘Review of non-planning consents’, found that ‘…the complexity of the non-planning consents landscape and its interaction with the planning system impose additional costs and generate additional risk for businesses’, and proposed that conservation area consent should be dealt with by planning permission instead.

As a result, on 1 October 2013, the Enterprise and Regulatory Reform Act 2013 abolished conservation area consent, but replaced it with a similar requirement to obtain planning permission under the Town and Country Planning Act 1990 for the demolition of most buildings in conservation areas, including:

Demolition of a building with a volume of more than 115 cubic metres.
Demolition a gate, fence, wall or railing more than 1 metre high next to a highway or public open space, or more than 2 metres high elsewhere.
Demolition of any building erected since 1 January 1914 and in use, or last used for agriculture or forestry.

Failure to obtain permission can result a fine, and / or a prison sentence of up to 2 years.

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Enterprise and Regulatory Reform Act 2013 and listed buildings.

Enterprise and Regulatory Reform Act.

Penfold review.

Planning authority duty to provide specialist conservation advice.

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