Conservation Area FAQ

What is a conservation area?

Conservation areas are defined as 'areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance'. The key legislation relating to the designation and protection of conservation areas is the Planning (Listed Buildings and Conservation Areas) Act 1990.

Once an area has been designated as a conservation area, any works which require planning permission within a conservation area become subject to local conservation policies set out in our Local Plan and national policies outlined in the National Planning Policy Framework (NPPF). Our overarching duty, as set out in the Act, is to preserve or enhance the historic or architectural character or appearance of the conservation area.

Do we have to consult on the designation of a conservation area?

No. There is no legal requirement to consult the public in line with the Planning (Listed Buildings and Conservation Areas) Act 1990. It is however good practice to give local residents and businesses as well as bodies and organisations with responsibilities on heritage matters an opportunity to have their say before a final decision is made. A public consultation enables those with knowledge of a proposed conservation area to respond and provide information on an area’s special architecture or historic interest, which we will take into account before making a final decision.

Do we have to consult on a Conservation Area Appraisal and Management Plan?

No. However, we carry out public consultation on draft appraisals in line with best practice and as outlined in the ‘Conservation Area Appraisal, Designation and Management’ guidance published by Historic England in 2019. This states that post-designation, there is a need to formulate and publish proposals for the preservation and enhancement of conservation areas and to consult the public in each conservation area and take account of their views.

What is an Article 4(2) Direction?

Article 4(2) Directions are put in place to restrict certain works to the exterior of single residential dwellings which would otherwise be considered permitted development. Our power to make and confirm an Article 4 Direction is under Article 4 of the Town and Country Planning (General Permitted Development) Order 2015. These directions are put in place to protect a conservation area (or parts of it) from certain works which would have an impact on and harm its appearance and character.

An Article 4 Direction does not prevent the development in the area to which it has been applied. It instead requires that planning permission is first obtained from the Council.

Therefore, an Article 4 Direction does not necessarily need to follow directly from conservation area designation. The purpose of these additional controls is to ensure that the special qualities of an area are not diminished by unsympathetic alterations.

What are Permitted Development Rights?

The Town and Country Planning (General Permitted Development) Order (GPDO) sets out permitted development rights (PDR) which allow householders to improve and extend their homes without the need to apply for planning permission, subject to a number of conditions. These largely relate to the external appearance of an unlisted single residential dwelling or a House in Multiple Occupation (HMO) up to six beds.

Some PDR however are restricted within conservation areas and planning permission is needed for some works which affect the external appearance of the building. It is important to note that PDR do not apply to flats, or houses that have been converted to flats, and therefore any external changes to these buildings would require planning permission.

What does it mean to live in or own a business in a conservation area?

Conservation area designation gives us additional planning control over certain works to buildings. Planning permission is for example required for the following for single residential buildings (the list is not exhaustive):

Demolition of an unlisted building (115 cubic metres in volume or more) completely or substantially within a conservation area, prior to the work being carried out.
Demolition of a boundary wall, gate, fence, or any other means of enclosure over one metre high where it fronts a highway (including public roads and footpaths, bridleways and unadopted streets or private ways), or two metres in height or more in any other case.
Raising the ridge of the roof and/or expanding the size of a roof.
Introduction of cladding (including render) to the external faces of the building (unless repairing existing).
Changing existing cladding, such as from roughcast to smooth render.
Installation of satellite dishes on an elevation fronting a highway, on a chimney, and on a building over 15 metres high.
Front and side extensions of one storey or more, and two storey rear extensions.
Erection of detached ancillary buildings, sheds, or stores to the front or side of the dwelling house.
Installing a dormer window to the roof.
Replacing windows or doors with those of a different appearance (excluding painting of existing doors/windows)

When considering applications for planning permission within a conservation area, we have a statutory duty to give special attention to the desirability of preserving or enhancing the character or appearance of that area. Therefore, we encourage the submission of a pre-application request, where advice can be sought from us on the acceptability of a proposal before a full planning application is submitted.

Does conservation area designation affect trees?

Trees within conservation areas form an important part of its character and appearance. As such, they are protected as part of the designation. Anyone wishing to undertake any works to cut down or prune a tree within a conservation area (not protected by a Tree Preservation Order (TPO)) are required to give us six weeks prior written notice using a section 211 notice. We have six weeks to notify an applicant if we object. If we object to proposed works, we must make a Tree Preservation Order (TPO) to extend the protection to the trees. If an applicant does not hear from us after the given time frame, then the planned works can be undertaken.

Many trees within conservation areas are also subject to a TPO, which protect trees, groups of trees or woodlands of high amenity value. A TPO application must be submitted to us for any works to a tree covered by a TPO. This covers felling, pruning, and root pruning.

Carrying out works to a TPO tree or trees in a conservation area without the necessary permission is a criminal offence and could result in criminal proceedings being brought against the property owner or those carrying out the works.