Demolitions

Development has always included demolition within its definition and has been subject to control under the Planning Act. The following types of demolition need prior approval where:

• planning consent has not already been granted for the redevelopment of a site, and
• any demolition that is not part of an overall scheme for the re-development of a site.

For all prior notification applications, we must determine if an Environmental Impact Assessment will be required.

There are two exceptions to needing prior notification:

• where demolition is urgently necessary in the interest of safety or health and in this case, a written justification needs to be submitted to us as soon as reasonably practicable
• the site is being redeveloped and planning permission has already been granted for this development.

Submit a S80 Demolition Notice

If you intend to demolish a building or structure that is over 50 cubic metres in capacity, you must apply for a Section 80 Demolition Notice online.

A minimum of six weeks notice is required prior to any demolition work. When applying for a S80 Notice, you'll need to provide:

• a location plan of the structure, showing any adjacent highways
• a location plan and method statement for the demolition work.

Any person who fails to submit a notice is liable to a fine not exceeding level 4 of the standard scale.

It is also a legal requirement, to contact the Statutory Undertakers and all residents adjacent to the site, notifying them of your intentions.

Demolition enforcement

Building or demolition work can cause problems for:

• users of the highway
• neighbours and businesses adjacent to or in the proximity of the site.

You can reduce or avoid nuisance or the possibility of any action being taken by us if you follow this advice.

Tell the Council and neighbours

Give the Local Authority a minimum of 6 weeks notice of any intended demolition work. The Council may impose conditions about how the works should be carried out.

Send a letter to all adjacent neighbours and businesses within close proximity to the site before work starts, informing them about the demolition works and what to expect. Provide a contact name and telephone number and keep them informed.

Deal promptly with any complaints received on site.

Dust and noise

Keep dust down by spraying with water.

Noise from construction or demolition sites is controlled by the Control of Pollution Act (COPA) 1974. Demolition companies and contractors are required to take all reasonable steps to control noise and to demonstrate that they are applying 'best practicable means'. Particularly noisy operations, such as heavy machinery may need stricter control. Pumps and generators should not be left running overnight unless silent or noise reduced, if they can be heard beyond the boundary of the site.

The hours of working will be:

• Monday to Friday: 8am to 6pm
• Saturday: 9am to 2pm
• Sunday or Bank Holiday working is not allowed unless in an emergency.

If a company wishes to work outside these hours on a construction or demolition site,  they will normally be required to submit an application for prior consent.

If noise problems occur, the Council and the neighbours can take legal action. If you think your work may cause a significant nuisance to the neighbours from noise or vibration, apply for prior consent from the Council who will confirm the level of noise considered acceptable.

Smoke

Subject to certain conditions, the Clean Air (Emission of Dark Smoke) (Exemption) Regulations 1969 allows dark smoke to be emitted from the burning of timber and other specific waste matter which results from the demolition of a building or clearance of a site in connection with any building operation or work of engineering construction. The conditions are as follows:

• there is no other reasonably safe and practicable method of disposing of the matter
• burning is carried out in such a manner as to minimise the emission of dark smoke
• burning is carried out under the direct and continuous supervision of the occupier of the premises concerned or a person authorised to act on their behalf
• stop the bonfire at the end of the working day.

Obstruction and damage to pavements

Do not let vehicles or materials block or damage the pavement.

Do not leave obstacles, holes or trenches where they are a danger, especially to disabled people, for example, the visually impaired.

The Council may charge you for any damage caused to pavements, kerbs or verges by lorries or heavy plant. Arrange a pre-demolition inspection with the Street Care Inspector by contacting Customer Services on 0161 253 5353.

Other requirements

Although largely repealed by the Environmental Protection Act 1990, the Control of Pollution Act 1974 is still in force in regard to noise from construction and demolition sites. Under Section 60 of the Act, the Local Authority may serve a notice imposing requirements as to the way in which the works are to be carried out. The notice may in particular:

• specify the plant or machinery which is, or is not, to be used
• specify that the best practicable means to minimise noise be employed at all times
• specify that all plant and machinery be properly silenced and maintained in accordance with manufacturers' instructions
• specify the hours during which the works may be carried out
• specify permissible noise levels.

Section 61 of the Control of Pollution Act allows anyone who intends to carry out construction works to apply in advance to the Local Authority for consent as to the methods by which the work is to be carried out. The activities covered are as follows:

• erection, construction, alteration, repair or maintenance of buildings, structures or roads
• the breaking up, opening or boring under any road in connection with construction or maintenance works
• demolition or dredging
• engineering construction.

For further information on prior consent applications, please contact the Pollution Control Section on 0161 253 5353 to discuss your requirements.