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Property Development - High Price paid for Bulldozing the Rules

Alexander Campbell and Morayo Fagborun Bennett comment

When developers moved bulldozers in to knock down The Carlton Tavern pub in Maida Vale, they were looking forward to building a new pub and residential accommodation in its place. It probably did not occur to them that they would end up rebuilding the pub they had knocked down brick-by-brick. But that is exactly the painstaking task facing the developers in question as the price to pay for demolishing the pub without permission.

New legislative protection of pubs
Pubs in the UK are closing down at a fast rate and the Government has been keen to try to stem the tide. On 6 April 2015 the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 ('the Order') came into force. The Order protects pubs from demolition if they are designated 'assets of community value' (ACVs) or potentially capable of being so designated.

If a developer wishes to demolish a pub which is an ACV or capable of being an ACV, they must first apply for prior approval and must send a formal request to the local council to find out whether the building has been nominated as an ACV. Demolition can then not proceed for 56 days from the date of the formal request (time during which the pub can be nominated to be an ACV). If ACV status is granted during the 56 days, demolition cannot proceed within five years (or until listed status is lifted) and planning permission will be required for development of the site.

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