Building Law Monthly
The meaning of “demolition”
In
Clin v Walter Lilly & Co Ltd [2021] EWCA Civ 136 the Court of Appeal dismissed an appeal from the decision of Waksman J and held that, when determining
whether construction works amount to a “demolition” for the purposes of s74(1) of the Planning (Listed Buildings and Conservation
Areas) Act 1990, it is not necessary to consider whether the demolition of the building involves a significant and/or substantial
impact on the character and appearance of the conservation area. The assessment of whether the works amount to a demolition
was held to be a quantitative exercise, not a qualitative one, and that Waksman J had not erred in reaching the conclusion
that the works amounted to a demolition such that conservation area consent was required.