Bournemouth Borough Council: Darryl Howells has secured prior approval  for the demolition of two houses in Bradburne Road, Bournemouth under Part 11 of the General Permitted Development Order. The decision relates to a comprehensive redevelopment proposal. Our client has been refused planning permission for the demolition of the existing houses and the erection of a large block of flats – a decision which is now at appeal. The main reason for refusal was the loss of houses which Bournemouth Borough Council considered to be important, stating that they are non-identified heritage assets and being worthy of retention. However the houses lacked any formal protection either by listing or being within a Conservation Area.

Shortly after the submission of the Part 11 prior approval application, the Council sought listed building designation of one of the houses proposed to be demolished, however the Inspectorate on behalf of the Secretary of State dismissed the application.

When the Local Planning Authority are considering a Part 11 application, the test is not the worthiness of the buildings being retained but only the method of their demolition. The strategy of using a Part 11 application will enable the main reason for refusal being removed from the appeal, as the Council has now authorised their demolition, therefore leaving only a minor reason for refusal that can be overcome.

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