Conservation Area Demolition: when planning permission is needed

 

Conservation area demolition has its own planning rules in England. The old Conservation Area Consent system disappeared in 2013, but that did not make demolition in a conservation area uncontrolled. Instead, demolition which counts as relevant demolition is dealt with through planning permission, and unauthorised relevant demolition can be a criminal offence.

The difficult bit is working out which route applies. A small building, a wall or a gate may sit outside the definition of relevant demolition but still be development, in which case the Part 11 demolition permitted development rules may matter. This page explains the application route; our wider Conservation Areas guide explains the designation itself.

 

What does “relevant demolition” mean?

 

Section 196D of the Town and Country Planning Act 1990 makes it an offence to carry out relevant demolition without the required planning permission or in breach of a condition or limitation.

For England, relevant demolition is demolition of a building in a conservation area which is not excluded by section 75 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and is not excluded by the statutory directions which define what counts.

That sounds circular, but in practice it means you need to check the type and size of what is being demolished before assuming an ordinary planning application is required.

 

Conservation Area Consent was abolished in 2013

 

Until 1st October 2013, demolition in a conservation area could require a separate Conservation Area Consent. In England that regime was abolished by the Enterprise and Regulatory Reform Act 2013.

The control was not removed. Relevant demolition became development requiring planning permission, backed by the criminal offence now found in section 196D of the Town and Country Planning Act 1990. So an old reference telling you to “apply for Conservation Area Consent” is stale terminology for an English site.

 

Conservation area demolition: the 50 m³ and 115 m³ thresholds

 

Two different legal thresholds are commonly mixed together.

• a building of 50 m³ or less is normally outside the statutory definition of development for demolition purposes under the 2021 Demolition Direction
• a building of 115 m³ or less is generally excluded from relevant demolition under the Conservation Areas Direction 2015, subject to the detailed wording and exceptions

The important consequence is that a building between 50 m³ and 115 m³ can still involve development even though it is not relevant demolition. In that band, Class B of Part 11 may grant permitted development rights, often with a prior approval procedure for the method of demolition and restoration of the site.

There are important exceptions to the shorthand figures. The 115 m³ exclusion in the 2015 Direction does not apply to a pre-1925 tombstone as defined by that Direction, while the 2021 Direction separately ensures that demolition of a statue, monument or memorial is treated as development.

Do not reduce the rule to “under 115 m³ needs nothing”. That is not what the legislation says.

 

Walls, gates and fences are different again

 

The 2015 Conservation Areas Direction excludes from relevant demolition a gate, wall, fence or other means of enclosure which is less than 1 metre high where it abuts a highway, including a footpath or bridleway, waterway or open space, or less than 2 metres high elsewhere.

But the 2021 Demolition Direction treats demolition of these structures in a conservation area as development. So a low wall may be outside relevant demolition and yet still need a planning route.

That is where Class C of Part 11 matters. It grants planning permission for demolition of a gate, fence, wall or other means of enclosure where the demolition is not relevant demolition and the other statutory requirements are met.

 

Other exclusions from relevant demolition

 

The statutory exclusions go beyond size. The 2015 Direction also excludes certain buildings erected on or after 1st January 1914 which are, or were last, used for agriculture or forestry, and demolition required or permitted through specified statutory procedures such as particular planning enforcement, condition, dangerous-building or housing routes.

Those exclusions are technical. If a demolition proposal relies on one of them, check the actual direction and the document requiring the demolition rather than relying on a summary.

 

Listed buildings and scheduled monuments use separate regimes

 

Demolition of a listed building is excluded from the relevant demolition regime because it is controlled separately. You normally need Listed Building Consent, and unauthorised works can themselves be a criminal offence.

A scheduled monument is also subject to its own statutory control. See our guide to Scheduled Monument Consent.

Do not assume that being in a conservation area creates only one heritage consent question. A site can engage several overlapping designations.

 

When do you need a planning application?

 

If the proposal is relevant demolition, express planning permission is required before demolition starts. For a straightforward standalone case, that means an application for planning permission for relevant demolition in a conservation area.

If demolition is not relevant demolition, check whether it is development at all and, if it is, whether Part 11 of the General Permitted Development Order grants planning permission. Class B can involve prior approval, while Class C deals with certain walls, gates, fences and other enclosures.

If you are unsure which application route applies, our Types of Planning Application page and Planning Applications Index give the wider context.

 

Can demolition be applied for separately from redevelopment?

 

Yes. Government forms and the legislation allow a standalone application for relevant demolition. You do not have to submit the replacement development in the same application.

That does not mean the replacement scheme is irrelevant. The August 2026 National Planning Policy Framework says planning authorities should not permit loss of all or part of a heritage asset without taking all reasonable steps to ensure the new development proceeds after the loss has occurred. Conditions or planning obligations may therefore be used where appropriate to secure sequencing or delivery.

In a sensitive conservation area, a bare demolition proposal with no credible future for the site can be much harder to justify than a properly evidenced proposal showing what comes next.

 

What should accompany the application?

 

The ordinary application requirements under the Development Management Procedure Order apply. Expect a completed application form, a plan identifying the land, demolition drawings or information which clearly describe what will be removed, ownership certification and any other nationally or locally required information.

For relevant demolition, the planning authority also needs enough heritage information to understand the significance of the building or structure and the effect of its loss. In practice, useful material can include:

• location and existing-site plans showing exactly what is to be demolished
• clear photographs of the building, structure and street scene
• a proportionate assessment of heritage significance and the contribution made to the conservation area
• a Heritage Impact Assessment or Heritage Statement where the significance and effect need fuller analysis
• a structural report where condition or safety is part of the justification
• the demolition method and proposals for making good or restoring the site
• information about replacement development where it is relevant to the heritage balance and delivery of the site

The current NPPF expressly requires applicants to describe the significance of heritage assets affected, including contribution made by setting, at a level proportionate to the asset and proposal. Our guide to heritage significance and harm explains how that exercise feeds into the decision.

Large demolition proposals can also raise environmental impact assessment issues, so consider EIA screening where the scale and context warrant it.

 

Publicity and consultation

 

Where the planning authority considers that development would affect the character or appearance of a conservation area, the heritage publicity regime requires public notice. The current regulations include site notice and local newspaper publicity, with the relevant online information also published by the authority. The ordinary Development Management Procedure Order publicity rules continue to sit alongside that framework.

A council may also notify adjoining occupiers or carry out wider consultation in accordance with its normal practice. See our guide to publicity and neighbour consultation.

Technical or statutory consultees depend on the site and proposal. The council’s conservation or heritage officers will normally be central. Historic England is a statutory consultee only in specified cases, not for every conservation area demolition application. Government announced reforms to statutory heritage consultation in August 2026, but the implementing regulations have not yet brought all of those proposed changes into force, so the current statutory criteria must be checked when the application is submitted.

Our statutory consultees page explains the wider system.

 

How will the council decide?

 

Section 72 of the Listed Buildings and Conservation Areas Act requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of the conservation area when the authority exercises its planning functions.

The current August 2026 NPPF then adds the national policy framework. Policy HE5 requires a proportionate assessment of significance and impact. Policy HE6 says substantial weight should be given to the conservation of designated heritage assets, with any harm a matter of considerable importance and weight. The wider requirement for a clear and convincing justification for harm or loss is in Policy HE4. Policy HE9 focuses specifically on conservation areas, including retaining features which make a positive contribution where possible. Policy HE10 addresses the practical problem of heritage being lost without the promised replacement development following.

The council therefore looks at the significance of what would be lost, the contribution it makes to the conservation area, the degree of harm, any public benefits, the development plan and the credibility of what happens to the site afterwards.

 

Is there an application fee?

 

There is currently no planning application fee where the application is solely for relevant demolition in a conservation area. That is different from a combined redevelopment proposal, where the ordinary planning application fee rules can apply to the wider development.

Fee rules change periodically, so check our current guide to planning fees in England before submission rather than relying on an old form or cached council page.

 

Conditions on a demolition permission

 

Planning permission for relevant demolition can be granted subject to conditions. Depending on the case, these may control timing, the demolition method, recording, making good or restoration of the site, protection of retained fabric, or sequencing with an approved replacement scheme.

The normal legal tests for planning conditions still apply. A condition must be necessary, relevant to planning and the development, enforceable, precise and reasonable. See our guide to planning conditions.

 

What if permission is refused?

 

A refusal, unacceptable condition or non-determination can be appealed under the ordinary section 78 planning appeal regime. For a standalone relevant demolition application the appeal period will normally be 6 months, but always check the decision notice and current Planning Inspectorate procedure because different deadlines can apply to combined application types.

For applications submitted on or after 1st April 2026, a refusal appeal will generally fall within the current expedited written representations procedure. That makes it especially important to put the heritage evidence and demolition justification in front of the council at application stage rather than hoping to repair the case on appeal.

See our Planning Appeals section for the current procedure.

 

Unauthorised relevant demolition is a criminal offence

 

Section 196D makes unauthorised relevant demolition a criminal offence. The offence can arise from carrying out the demolition without planning permission or failing to comply with a condition or limitation.

There is a narrow defence for genuinely urgent works necessary in the interests of safety or health, but all of the statutory requirements have to be satisfied, including that repair or temporary support was not reasonably practicable, the work was limited to the minimum immediately necessary and written notice was given to the planning authority as soon as reasonably practicable.

A later retrospective grant of planning permission does not wipe out criminal liability for an offence already committed. If demolition has happened without the necessary permission, obtain advice promptly rather than treating it as an ordinary retrospective application. Our Planning Enforcement section explains the wider enforcement landscape.

 

Before demolition starts

 

• confirm whether the building or structure is actually relevant demolition
• check the 50 m³ development threshold separately from the 115 m³ relevant demolition threshold
• check Part 11 Class B or Class C if the demolition is not relevant demolition
• confirm whether the site or structure is listed, scheduled or subject to another heritage designation
• obtain express planning permission where relevant demolition is proposed
• discharge any pre-demolition planning conditions before work begins
• complete any required heritage recording, archaeology, ecology or structural work
• make sure the contractor has the approved demolition extent and method, not just a verbal brief
• check separate Building Regulations, asbestos, Party Wall, environmental and safety requirements

For wider heritage guidance, use the Conservation Index. For ordinary planning application procedure, start with the Planning Applications Index.

 

Key legislation and national policy

 

• Town and Country Planning Act 1990, section 196D for the relevant demolition offence
• Planning (Listed Buildings and Conservation Areas) Act 1990, section 72 for the conservation area duty
• Planning (Listed Buildings and Conservation Areas) Act 1990, section 75 for statutory exclusions
• Conservation Areas Direction 2015 for the 115 m³, wall, gate, fence and other exclusions
• Town and Country Planning (Demolition – Description of Buildings) Direction 2021 for the 50 m³ development threshold and conservation-area enclosure rules
• GPDO 2015, Schedule 2 Part 11 for permitted development rights for demolition
• National Planning Policy Framework, August 2026 for current heritage decision-making policy
• Planning Practice Guidance: when permission is required for current Government demolition guidance

Other Planning Application Sections

 

Conservation area demolition page created: 29th August 2026