Prior notification - demolition
Following a court of appeal judgement in March 2011 the types of demolition that need 'prior notification' has been widened to include all demolition where planning consent has not already been granted for the redevelopment of a site.
Development has always included 'demolition' within its definition and as such been subject to control under the Planning Act. However, previous to this court appeal only the following formally required the approval of Bury Council via the 'Prior Notification' procedures:
- demolition of a dwelling where the site was not being redeveloped.
The new ruling has now extended that and the following types of demolition will now need 'prior approval':
- any demolition that is not part of an overall scheme for the re-development of a site.
Prior notification can be submitted on-line via the Planning Portal web site where full details of what is needed to support the application, including details of the appropriate fee, is provided. Please note that applications must include a method statement for the demolition and information about how the site is to be restored.
For all prior notification applications Bury Council has to determine if an Environmental Impact Assessment will be required.
Exceptions to prior notification
There are two exceptions to the need for prior notification. These are as follows:
- Where demolition is urgently necessary in the interest of safety or health and in this case a written justification needs to be submitted to the Council as soon as reasonably practicable.
- The site is being redeveloped and planning permission has already been granted for this development.