This Consent is not required for:

• the demolition of a Listed Building (because Listed Building Consent is required for that process instead) 
• the demolition of an ecclesiastical building in ecclesiastical use (separate advice needs to be sought)
• the demolition of a scheduled Ancient Monument (requires Scheduled Monument Consent)
• any building with a total cubic content not exceeding 115 cubic metres (as worked out by external measurement) or any part of a building other than a pre 1925 tombstone
• any gate, wall, fence, or means of enclosure which is less than a metre in height where it sits alongside a highway. This can include a public footpath or bridleway, waterway or open space; or less than two metres in any other case
• any building erected since 1 January 1914 and in use or last used for agricultural or forestry purposes.

An important ruling which concerns the difference between demolition rather than an alteration or extension was given in the House of Lords in a case called “Shimizu” in 1996. Since the pronouncement made by the Lords, it has been held that Conservation Area Consent is only required (other than for the categories listed above) for such works in a Conservation Area provided that they are carried out on a scale amounting to the “demolition” of a whole building, including the removal of the whole building, or all of it except the façade, or of an entire front garden wall.

It would not be required for the removal of a single window, or a whole shop front, a porch, one wall of a building, or the removal of architectural details such as finials, gate piers etc. These removals would be classified as “alterations”.

In practice, there is a whole range of minor building operations for single dwelling houses - called ”Permitted Development Rights”- which do not normally require Planning Permission. These would cover such changes as elevational alterations, removal of part of a front garden wall etc. These can be carried out in Conservation Areas without the need for Planning Permission. However, in the Borough of Epsom & Ewell, there are nine Conservation Areas (Burgh Heath Road, College Road, Downs Road, Ewell Village, Pikes Hill, Lintons Lane, Stamford Green, Ewell Downs Road/The Green, and Higher Green/Longdown Lane North) which are subject to an Article 4[2] Direction.

In assessing if an application for Conservation Area Consent (pdf - 725kb) should be permitted, the Council will consider if the demolition of the unlisted building would “preserve or enhance” the character and appearance of the Conservation Area in which it sits.