Permitted development, conservation areas & listed buildings
As discussed in the previous section, some retrofit measures may require planning permission. Others, however, may be covered by permitted development rights, i.e., they can be undertaken without the need for planning approval. Further details of Permitted Development Rights may be found at the Planning Portal. If you require further information, you should contact the Council’s Planning Department. For formal confirmation, a Lawful Development Certificate would be required.
Where permission is required, there will be a presumption in favour of such development, but care should be taken to minimize harm to the external appearance of the property, particularly in sensitive locations such as within conservation areas or on listed buildings.
Conservation Areas
Provided your property benefits from permitted development rights, the followings works remain permitted development within a Conservation Area; unless an Article 4 Direction or planning condition has restricted these rights, and subject to the other restrictions of Schedule 2 Part 1 and Part 14 of The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended):
- EV Charging Points (wall-mounted and standalone) – Part 1 Classes D and E
- Solar PV or Thermal Equipment (building-mounted), if not installed on a wall fronting a highway.
- Solar PV or Thermal Equipment (standalone), if not installed between a highway boundary and the nearest part of the main building.
- Flue for biomass heating system, if not installed on a wall or roof slope fronting a highway.
- Flue for combined heat and power system, if not installed on a wall or roof slope fronting a highway.
- Air source heat pump, if not installed on a wall or roof fronting a highway, or closer to a highway boundary than the nearest part of the main building.
- Building-mounted wind turbine, if not installed on wall fronting a highway.
- Standalone wind turbine, if not installed closer to a highway boundary than the nearest part of the main building.
- Water-source heat pumps
- Ground-source heat pumps
Other development works relating to renewable energy will likely require planning permission, and would be subject to material planning considerations as set out elsewhere in this document.
Article 4 Directions
An Article 4(2) Direction restricts permitted development rights and requires a planning application to be submitted. The Borough has two such restrictions relating to Conservation Areas – In Bedford Park and in part of Gunnersbury Park. These restrictions are on works which fronts onto a highway, open space or waterway. (Please note that this includes the rear access laneways within Gunnersbury Triangle, which are adopted highway.)
The restricted works are as follows:
- the enlargement, improvement or alteration of a dwellinghouse;
- the erection of a porch outside any external door;
- the formation of any hardstanding fronting a highway;
- the demolition or erection of walls, gates, fences or other enclosure; and
- the painting of the exterior of any building;
In addition, the demolition, erection or alteration of chimney stacks is also restricted by the Article 4(2) Direction.
As such a number of climate change-related interventions which would otherwise benefit from permitted development rights may require planning permission for associated works, where these are restricted by an Article 4(2) Direction.
Listed Building Consent (Dwellings and Residential Buildings)
Listed Buildings do have some permitted development rights for some sustainability measures, such as ground-source or water-source heat pumps. However, it is advisable to apply to the Council for a lawful development certificate to verify this before carrying out such works. In addition, separate Listed Building consent is required for all work which involves alterations, extensions or demolition, or works which affect the special historic or architectural character of a listed building.
The need for listed building consent does not mean that historic buildings cannot be made more efficient, rather that the proposals need to be considered for their impact on the significance of the building. Many less invasive measures, such as draught-proofing, secondary glazing and underfloor insulation can help improve the performance of the building while, in most instances, respecting the significance of the building. Historic buildings preform differently than modern buildings, so it is important that retrofitting measures do not adversely affect the way the building is designed to work. Historic England advocates a whole building approach that “seeks the best balance between saving energy, maintaining a healthy indoor environment and sustaining heritage significance, all by understanding the building in its context.” For more information on this see Historic England Advice Note 14: Energy Efficiency and Traditional Homes. Historic England also provide a wide range of other advice on their website regarding energy efficiency, energy micro-generation and renewable energy regarding older and heritage buildings. You should contact the Council’s Conservation Team if you have a query about a specific listed property.
Proposals will be refused where they cause harm to, or remove the significance of heritage assets or their settings, and this is not outweighed by the public benefits of the proposal, as set out in Local Plan Policy CC4 Heritage, and Paragraphs 193-196 of the National Planning Policy Framework 2019.
