The designation of land as a Conservation Area is not a death sentence on your development proposals but it does mean your scheme has a few more hoops to jump through to get all the necessary planning consents present and correct before starting works.

What is a Conservation Area and what does it all mean?

Quite simply, it is an area that the local authority has designated “an area of special architectural or historical interest, the character or appearance of which it is desirable to preserve or enhance”.  And once giving an area this illustrious status, the local authority must pay special attention to the desirability of the preservation and enhancement of the character and appearance of the area.  This is played out through several key planning policy areas.

1. Demolition of buildings
   
   Non-listed buildings can only be wholly demolished with Conservation Area Consent.  Listed buildings, on the other hand already need Listed Buildings Consent to be demolished, so you don’t need to obtain Conservation area Consent as well.
   
   Partial demolition or alterations of both listed and unlisted buildings in a Conservation Area will not need Conservation Area Consent but may need planning permission.  And note: local authorities have to give special regard to the preservation of the character and appearance of the locality in deciding whether to grant planning permission (conditional or otherwise).

2. Protection of trees
   
   If you want to carry out any work on a tree in a Conservation Area, you must notify the local authority, which may then protect that tree through the imposition of a Tree Preservation Order.

3. Restriction of ‘permitted development’ rights
   
   Certain minor ‘permitted developments’ are deemed to have been granted a blanket planning permission (omitting the need for a full planning application) but this gem can be restricted through the issuing of an Article 4 Direction.  A Direction does not prevent a development from going ahead but suspends the right to use the blanket planning permission so that the normal planning application procedure must be used.  Conservation Areas are prime zones for the issuing of such a Direction.

So will I get my planning permission?

Applications for developments that may affect the character or appearance of the Conservation Area will be advertised in a local newspaper and at the proposed development site so the public can lodge their views with the local authority.  Ultimately the decision on whether to grant planning permission or Conservation Area Consent will be down to the local authority (bearing in mind comments from the public), but you are halfway there if your scheme can be shown to make a positive contribution to the character or appearance of the area.  In this regard it is advisable to engage the Conservation and Development Control Section of the local authority at an early stage and to work closely with an architect or designer who has special expertise in drawing up conservation schemes.

For more information on these issues please contact

Henrietta Clark

or your usual Lewis Silkin contact