The claimant challenged the order allowing the demolition of a disused listed building saying that the Direction was contrary to European law in not requiring an Environmental Impact Assessment (EIA). The Secretary of State said an EIA was not required for a demolition.
Held: The challenge was rejected. Whether an EIA was required for a demolition was presently before the European Court of Justice. Planning permission is not required for demolition of any listed building; any building in a conservation area, any scheduled monument, or any building that is neither a dwelling nor adjoining a dwelling. This has no application to the partial demolition of any of those types of building and those types of building falling within (a) to (c) are subject to separate regulatory regimes.
Whilst planning permission is not required for demolition within the scope of the Demolition Direction, such demolition is subject to the regulatory regime set out in s.80-83 of the Building Act 1984. Demolition without reconstruction is not ‘development’ (because such is on its natural meaning the construction of a new building or new buildings or the alteration or refurbishment of an existing building or buildings)’
In any event the size of the proposed scheme also took it outside the EIA Regulations.
Pellings J QC
[2010] EWHC 979 (Admin), [2010] NPC 57, [2010] JPL 1429, [2011] Env LR 6
Bailii
Town and Country Planning (Demolition – Description of Buildings) Direction 1995, Environmental Impact Assessment Directive (85/337/EEC), Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, Building Act 1988 80, Town and Country Planning Act 1990 55, General Permitted Development Order 1995
England and Wales
Citing:
Cited – Aannemersbedriijf P K Kraaijeveld v Gedeputeerde Staten Van Zuid-Holland ‘the Dutch-Dykes case) ECJ 24-Oct-1996
ECJ The fact that in this case the Member States have a discretion under Articles 2(1) and 4(2) of the directive does not preclude judicial review of the question whether the national authorities exceeded their . .
Cited – Ecologistas En Accion-Coda v Ayuntamiento de Madrid ECJ 25-Jul-2008
EU Environment And Consumers – Directives 85/337/EEC and 97/11/EC – Assessment of the effects of projects on the environment – Refurbishment and improvement works on urban roads – Whether subject to assessment. . .
Cited – Cambridge City Council v Secretary of State for the Environment and Milton Park Investments Ltd 1992
D. wanting to develop an office block, bought neighbouring semi-detached houses hoping to provide additional car parking, enhancing the visual aspects and improving highway safety. When temporary planning consent for use of these properties as site . .
Cited – Shimizu (UK) Ltd v Westminster City Council HL 11-Feb-1997
The removal of a listed building’s chimney stacks was an alteration allowing a claim for compensation. The phrases ‘alteration’ and ‘demolition’ are mutually exclusive. Although part of a building may be a listed building, a part of a listed . .
Cited – Landelijke Vereniging tot Behoud van de Waddenzee and Nederlandse Vereniging tot Bescherming van Vogels v Staatssecretaris van Landbouw, etc ECJ 7-Sep-2004
ECJ Directive 92/43/EEC – Conservation of natural habitats and of wild flora and fauna – Concept of ‘plan’ or ‘project’ – Assessment of the implications of certain plans or projects for the protected site.
Cited – Edwards, Regina (on the application of) v Environment Agency HL 16-Apr-2008
The applicants sought to challenge the grant of a permit by the defendant to a company to operate a cement works, saying that the environmental impact assessment was inadequate.
Held: The Agency had been justified in allowing the application . .
Cited – Mortell, Regina (on the Application of) v Oldham Metropolitan Borough Admn 30-Mar-2007
The claimant sought orders quashing planning permissions granted for the re-development of land around Derker Station. . .
Lists of cited by and citing cases may be incomplete.
Planning, Environment, European
Updated: 09 November 2021; Ref: scu.414966