Wall demolition permission question

[Minkeycat]

Can anyone help with this ongoing issue we are experiencing with a neighbour and the planners?

Is demolition of a 1m high, stone, boundary wall that is in the curtilage of a G2 listed building in a conservation area allowed without either planning permission or listed building consent?
Would demolition be treated differently to the construction of such a feature?

Kind regards

 

[Roger H]

There are no permitted development rights for walls or other means of enclosure within the curtilage of a listed building, so yes, either lbc or pp required for demolition.

If the property were not listed, works to a wall up to 1m high fronting a highway would not usually require pp.

 

[MikeG]

It would require Listed Building Consent, which isn't Planning Permission (although this may also be required depending on the Council and the circumstances), to demolish. It would require no permissions whatever to repair. To build a new one in the curtilage of a Listed Building and a Conservation Area would require Planning Permission and Listed Building Consent.

 

[Roger H]

To build a new one in the curtilage of a Listed Building and a Conservation Area would require Planning Permission and Listed Building Consent.

Just planning permission required for a new wall within the curtilage of a listed building, not lbc. LBC not necessarily required for demolition unless it physically abuts the listed building or is seperately listed in its own right.

 

[plasticpigeon]

However from your other post you say it was a neighbour that demolished the wall that was on your land. Therefore what difference does the listing make? The neighbour shouldn't be demolishing structures that don't belong to him/her. I don't like my neighbours, but I don't start taking bricks out of the wall of their house to repair my house or steal their fence panels when one of mine needs changing. Surely what the neighbour has done is some kind of criminal damage whether listed or not.

 

[Gareth Hughes]

To build a new one in the curtilage of a Listed Building and a Conservation Area would require Planning Permission and Listed Building Consent.

Just planning permission required for a new wall within the curtilage of a listed building, not lbc. LBC not necessarily required for demolition unless it physically abuts the listed building or is seperately listed in its own right.

LBC certainly required for demolition if it is in the curtilage of the listed building and has been since before July 1 1948, regardless of whether it's listed in its own right or physically attached.

 

[Flyfisher]

As I recall the previous thread on this subject, there was some dispute over the ownership of the wall in question and rightly or wrongly the neighbour believed the wall was theirs. So they demolished it. I also recall that the council wasn't too interested in the wall.

In a case where someone has demolished a listed structure but the council doesn't care, what recourse does anyone have to force the miscreant to reinstate the wall? A private prosecution for criminal damage to a listed structure seems a rather onerous process, so if the CO won't help what can practically be done?