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The Town and Country Planning (General Permitted Development) (Amendment) (England) (No. 3) Order 2013

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Amendment in relation to demolition of buildings in conservation areas

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2.—(1) Part 31 (demolition of buildings) of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995(1) is amended as follows.

(2) In Class A, for paragraph A.1 substitute—

A.1  Development is not permitted by Class A where—

(a)the building has been rendered unsafe or otherwise uninhabitable by the action or inaction of any person having an interest in the land on which the building stands and it is practicable to secure safety or health by works of repair or works for affording temporary support; or

(b)the demolition is “relevant demolition” for the purposes of section 196D of the Act(2) (demolition of an unlisted etc building in a conservation area)..

(3) In Class A, in paragraph A.3 (interpretation of Class A) in the definition of “excluded demolition”—

(a)after subparagraph (a) insert—

(aa)permitted to be carried out by a consent under Part 1 of the Ancient Monuments and Archaeological Areas Act 1979(3) (scheduled monument consent);

(ab)permitted to be carried out by a consent under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990(4) (listed building consent), and,

(b)in subparagraph (b) before the word “enactment” insert “other”.

(1)

S.I. 1995/418, to which there are amendments not relevant to this Order.

(2)

Section 196D was inserted into the Town and Country Planning Act 1990 (c. 8) by paragraph 6 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).

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