PLANNING PERMISSION IN CONSERVATION AREAS

What are Conservation Areas?
A conservation area is ‘an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance’. Councils have a duty to designate and review Conservation Areas in their area.

It is the quality and interest of areas rather than individual buildings, which are the prime consideration in identifying conservation areas but invariably these areas, will have a concentration of historic buildings, many of which may be listed. Conservation areas will vary in size and character; there are many factors that contribute to their character:

The historic layout of property boundaries and thoroughfares.

• A particular mix of uses.
• Vistas along streets and between buildings.
• Characteristic materials.
• Scaling and detailing of buildings.
• Quality of advertisements, shop fronts, street furniture, hard and soft surfaces.
• The extent to which traffic intrudes and limits pedestrian use of spaces between buildings.
• Trees and open spaces.

Conservation area status provides the opportunity to promote the enhancement of the area through positive schemes of enhancement and improvement. The aim is to ensure that the quality of townscape is preserved or enhanced as well as protecting individual buildings.

It provides the added protection from poor quality or inappropriate development through a greater degree of control exercised over new buildings, extensions and alterations. It introduces control over demolition and work to certain trees.

Living in a Conservation Area
Living or owning property in a conservation area places certain responsibilities on the residents and the Local Planning Authority (LPA). Check with your LPA (see link) if you are in a conservation area

The consequence of conservation area designation is not to preserve conservation areas in aspic but to support their vitality and regeneration with appropriate development.

Permitted Development in Conservation Areas
In conservation areas the normal ‘permitted development’ rights, which enable certain extensions and alterations to be carried out without planning permission, are reduced, thereby bringing more development under planning control.

Permitted development rights for commercial buildings and those in multi-occupation are further limited in conservation areas, material alterations such as window replacements may require Planning Permission, unless they are like for like in design, finish and materials.

The LPA can remove categories of permitted development rights by way of an ‘Article 4 Direction’ if the character or appearance is being damaged or threatened by the exercise of these rights. Residents will be consulted if such a direction is to be considered.

It is often the details on a building, particularly its windows, which give it its character. So please consult the Conservation Section about the design of any proposed alteration or extension, even is it is permitted development.

There are stricter rules regarding the type and size of advertisements that can be erected without consent in conservation areas.

Please note that Listed Buildings do not have any permitted development rights.

Planning Applications in Conservation Areas
It is the LPA’s responsibility to pay special attention to preserving or enhancing the character and appearance of conservation areas, when considering planning applications affecting conservation areas.

The LPA will usually require full detailed plans rather than consider an “outline application”, to ensure the development is appropriate within the context of the conservation area. New development will need to respect the character and appearance of the area and encompass quality in design and use of materials. Extensions to buildings should compliment the existing building and it’s setting in terms of height and scale, form and layout, materials and details.

Contemporary modern design is encouraged in conservation areas, but they must be well designed, use appropriate materials and have good landscaping and surfacing. Favourable consideration will be given to high quality innovative schemes in appropriate locations.

When preparing plans for development in conservation areas, do try to use an architect or other designer with experience in drawing up conservation schemes. He or she will have knowledge of local authority requirements and will greatly assist you and the Council in getting the right development for the site.

Pre-application discussions with the Conservation and Development Control Section are recommended before submitting an application.

The LPA is required to publicise any applications, which are considered likely to affect the character of a conservation area, allowing people an opportunity to comment on the planning and development of the area (a notice will be put in the local paper and on site).

Works Involving Demolition
Conservation Area Consent may be required to demolish a building or structure in a conservation area. The Conservation Section will be able to advise you on this.

There is a general presumption in favour of retaining buildings that make a positive contribution to the character and appearance of a conservation area. Consent for demolition will not usually be given unless there are acceptable and detailed plans for any redevelopment.

It is a criminal offence to carry out unauthorised demolition where Conservation Area Consent is required.

Works to Trees in Conservation Areas
Many trees in conservation areas are the subject of Tree Preservation Orders (TPOs), which means that the Local Planning Authority’s consent must be obtained before they can be cut down, topped or lopped.

In addition to these controls, and in the view of the contribution that trees can make to the character and appearance of a conservation area anyone proposing to cut down, top or lop a tree in a conservation area (without a TPO on it) is required to give 6 weeks written notice to the LPA. This gives the LPA the opportunity to consider bringing the tree under their general control by making a TPO in respect of it.

There are exceptions relating to the size of the tree and whether the tree is dead, dying or dangerous. Please contact the Conservation Section for advice if in doubt.

Schemes of Enhancement
The LPA will consider ways of improving or “enhancing” the character of its conservation areas. Enhancement schemes can include such things as re-introducing traditional surfaces, removing unsightly poles and wires, planting trees, or removing an eyesore. All schemes have to be subject to consultation with the public, and the Town and Parish Councils are particularly involved.