The High Court decision in Barton v Secretary of State for Communities and Local Government and Anor [2017] EWHC 573 (Admin) has clarified that restrictions on permitted development rights for the demolition of walls and gates in conservation areas includes partial demolitions.
The case concerned a judicial challenge of an appeal decision by a planning inspector confirming an enforcement notice for breach of planning control caused by unauthorised partial demolition of a curtilage listed wall in the Bath Conservation Area.
Class C of Part 11 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 permits development of the whole or any part of any gate, fence or wall unless it is "relevant demolition" for the purposes of section 196D of the Town and Country Planning Act 1990.
"Relevant demolition" is defined in s196D as demolition of a building that was situated in a conservation area in England. “Building” is defined in s336(1) as including any structure or erection and any part of a building ‘except in so far as the context otherwise requires’.
The questions for the Court were:
- Whether the word "building" in s196D did not include part of a building in the context of the statutory regime relating to the control of works to conservation areas and listed buildings?; and
- Whether the inspector failed to consider whether the works amounted to alteration rather than demolition or were part of a process of alteration which was permitted within Sch.2 Pt 2 Class A of the Order?
The Court dismissed the appeal.
Judge Jarman QC found that ‘building’ should be interpreted to include part of a building for the purposes of the definition of ‘Relevant Demolition’. Therefore, demolition of part of a gate or wall was not permitted development in a conservation area. He further found that the inspector had visited the site and had been entitled to conclude that the works amounted to demolition without any aspect, or part of a process, of alteration.
Lesson: the partial demolition of a wall or gate in a conservation does not have permitted development rights. Whether works amount to alteration (which carries permitted development rights) or demolition will be a question of fact.
