Planning Circular 4/2011: The Town and Country Planning (Demolition Which is not Development) (Scotland) Revocation Direction 2011

WHAT DOES THIS MEAN FOR A DEVELOPER?

9. Developers intending to demolish any building (which does not include demolishing part of a building) have PDR under class 70 of the 1992 Order provided they comply with the limitations and conditions attached to that class and the EIA mechanism described in paragraph 8. These conditions may require the developer to apply to the planning authority for a determination as to whether prior approval of the demolition is required, with related requirements for neighbour notification. In some cases such an application, and related neighbour notification, is not required. For example, where planning permission for the redevelopment of the site, including the demolition of existing buildings, has been granted by the planning authority.

10. Developers will also need to be aware of the requirements of the EIA Regulations and seek a screening opinion or direction where necessary. This will be in addition to any other consents required for demolition. EIA requirements apply even in cases where a determination on the need for prior approval is not required.

11. Where developers are seeking planning permission for redevelopment of a site, they should include the demolition aspect in the application, particularly if EIA is involved. That way the resulting EIA considerations and planning permission cover any demolition involved.