Conservation area enforcement and criminal liability regime in England

Copyright © 2025 LexisNexis
Published by a LexisNexis Planning expert
Practice notes

Conservation area enforcement and criminal liability regime in England

Copyright © 2025 LexisNexis

Published by a LexisNexis Planning expert

Practice notes
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This PrACTice Note explains the offences which may be committed under either the Town and Country Planning Act 1990 (TCPA 1990) or the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990) in respect of unauthorised development in a conservation area in England, the statutory defences to these offences and the sentences which may be imposed following conviction. It also covers how a local planning authority (LPA) may take Enforcement action against such unauthorised development.

Conservation area offences and enforcement arise primarily as a result of the unauthorised demolition of buildings situated within them. From 4 November 2024, the legislative regime in Wales is separate from that in England—see: CConservation area regime in Wales.

Offences

Carrying out (or causing or permitting) ‘relevant demolition’ without planning permission constitutes an offence under TCPA 1990, s 196D(1). Failing to comply with the conditions or restrictions imposed by any permission granted for ‘relevant demolition’ is also an offence under TCPA 1990, s 196D(2).

‘Relevant demolition’ is defined in TCPA 1990, s 196D(3) as the demolition of a building

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Jurisdiction(s):
United Kingdom
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Key definition:
Enforcement definition
What does Enforcement mean?

The action of compelling a party to comply with a judgment where it has not been complied with voluntarily and the time ordered for compliance has expired.

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