Council threatened with judicial review over prior approval and permission for demolition of former school

Herefordshire Council faces a judicial review over whether demolition of a former school is covered by permitted development rights.

Conservation group Save Britain's Heritage in June successfully challenged Herefordshire Council in a letter that questioned the legitimacy of the building owner’s application to demolish Garway School under permitted development rights, citing a lack of sufficient information and adequate public consultation. 

Herefordshire at that time refused but the landowner has since reapplied and gained permission on the basis that prior approval is not needed to demolish the property.

SBH conservation officer Ben Oakley said the judicial review would be fought on whether permitted development rights applied in this case.

Mr Oakley said SBH also questioned why the building could not be retained and converted into two homes, a step for which the owner gained planning consent in 2016 but did not implement.

The school was built in 1877, and closed in 1980 after which it was used as a house until 2013 but has since been empty.

Mr Oakley said the school was “a solid Victorian building in good condition and very suitable for conversion to housing”.

Herefordshire has been contacted for comment.

Mark Smulian