What is a Conservation Area and why is this important to know before you purchase the property?

The principal purpose of Conservation Area designation is the acknowledged recognition of the special character of an area by a local authority. This will influence the way in which the Local Planning Authority deals with planning applications. Conservation areas are parts of towns and villages that have been identified as being of special architectural or historic interest. Councils aim to preserve or enhance the character of these areas.

Conservation Area status does not prevent change from occurring altogether; instead, it helps manage change in order to preserve the environment for the future. Designation ensures development does not harm the existing character, by giving additional controls over demolition, minor developments, and the loss of trees. New development is required to have a high standard of design.

Demolition

Buildings or structures over a minimum size may not be demolished, either completely or substantially, without a Council’s prior consent. Similarly, property boundaries have a degree of protection from demolition. Planning permission is required for alterations to gates and walls. There is a strong presumption in favour of retaining buildings which make a positive contribution to the area. An application for planning permission for relevant demolition in a conservation area should be used for proposals which involve substantial demolition of any unlisted building or structure in a conservation area if permission is required. The boundaries are defined as the need to:

  • Demolish a building with a volume of 115 cubic metres or more
  • Demolish any gate, fence, wall or other means of enclosure with:

(a) A height of one metre or more if next to a highway (including a public footpath or bridleway), waterway or open space;

(b) A height of two metres or more elsewhere

Listed buildings

Many Conservation Areas also contain Listed Buildings. Further restrictions apply to Listed Buildings in that any proposed material changes to the building, including its interior, exterior, boundary walls and curtilage structures requires Listed Building Consent. It is therefore advisable to discuss your proposals prior to carrying out any alterations using the planning department’s informal pre-application service.

Minor Development

In terms of dwelling houses, planning permission is required before making some changes which would sometimes be permitted development outside a Conservation Area, as follows:

  • Cladding to the exterior of a house with stone, artificial stone, pebble dash, render, timber, plastic or tiles.
  • Installation/alteration/replacement of a chimney, flue or soil and vent pipe on a dwelling house (where they front a highway and are on the principal elevation).
  • Side extensions.
  • Rear extensions of more than one storey.
  • Roof extensions, including dormer windows.
  • Any building or enclosure within the grounds of a house required for a purpose incidental to the enjoyment of the dwelling (including swimming pools, garden sheds, garages and summer houses), which is between a side elevation of a dwelling house and the property boundary.

Trees within Conservation Areas

Anyone proposing cut down, damage, prune, top or lop a tree in a Conservation Area, even one that is not protected by a Tree Preservation Order , is required to give 6 weeks’ notice in writing to the Council prior to carrying out the works. Trees are included as part of the definition of character.

All trees with a trunk diameter of 75mm or greater measured 1.5m above the ground, carry the same protection and penalties that they would have if they were covered by a Tree Preservation Order.

The council reserves the six-week period in which to make a Tree Preservation Order if it wishes to retain the tree or declare that it has no objections.

Details for windows in Conservation Areas or Listed Buildings

Where the main body of an application is for the replacement of windows/doors and either takes place in a Conservation Area or is to a Listed Building the planning department requires a level of detail which enables the planning officer to see clearly what the impact of the proposed change might be on the building and on the area it is located within.

As you can see, it is very important to speak to the planning department prior to starting any work on a building within a Conservation Area, and even more importantly if it is a Listed Building.  If consent is not obtained from the Council for any work you wish to carry out, or a letter confirming no consent is required, upon sale, you may have to provide retrospective consent, or an indemnity policy to the buyer.  Both of these items cost money and will slow the sale down.

For further information, please contact Yvonne Kellow on 01803 546118 or email yvonnekellow@wbw.co.uk.

WBW Solicitors has offices in Axminster, Bovey Tracey, Brixham, Chard, Exeter, Exmouth, Honiton, Launceston, Newton Abbot, Paignton, Seaton, Sidmouth, and Torquay.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.