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

This Circular and Direction revokes the Town and Country Planning (Demolition which is not Development)(Scotland) Direction 2001.

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THE 2001 DIRECTION

5. The 2001 Direction provided that the complete demolition of a wide range of buildings did not constitute 'development' under section 26 of the 1997 Act. Therefore the complete demolition of many buildings did not require planning permission. For the most part only the demolition of dwellings or buildings containing dwellings remained 'development'. The 2001 Direction also excluded the complete or partial demolition of gates, fences, walls or other means of enclosure from being 'development' except in a conservation area.

6. Class 70 of Schedule 1 to the 1992 Order granted, and continues to grant, planning permission for the complete demolition of buildings, subject to certain limitations and conditions (including requirements for prior approval). When the 2001 Direction was in place, permitted development rights ( PDR) were needed primarily for the demolition of dwellings or buildings containing dwellings, other complete demolitions being excluded from 'development'. Other classes of PDR grant planning permission for partial demolition required to carry out development permitted by that class.

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