Living in a Conservation Area
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. This means that when a
conservation area is designated, the Council has recognized that
the area has a special character and identity which is worth
protecting. There are over 30 designated conservation areas within
Bath & North East Somerset.
The Council is required by legislation to preserve or enhance
the character of each conservation area and all new proposals which
affect that special character have to be considered in the light of
this requirement.
Conservation area designation helps to protect an area’s special
architectural or historic interest by providing
- the basis for policies designed to preserve or enhance all
aspects of the character or appearance of an area that define its
special architectural or historic interest
- control over the demolition of unlisted buildings and
works to trees within a conservation area
- stricter planning controls within a conservation
area
The emphasis within conservation areas is on ensuring local
character is strengthened, not diminished, by change.
What is expected is a sensitive management of change within
conservation areas through the planning process rather than no
change at all. This can be achieved by the preparation of a
character appraisal for each conservation area, policy making and
by prudent development control. The character appraisal will
clearly define and analyse the special architectural or historic
interest that warrants the area's designation, providing a
framework for future control and enhancement.
Current legislation relating to
conservation areas is contained within the Planning (Listed
Buildings and Conservation Areas) Act 1990, the effects of which
are explained in Planning Policy Guidance Note 15:
Planning and the Historic Environment
(PPG 15), published September 1994, and also in Environmental
Circular 14/97 Planning and the Historic
Environment Notification and Directions by the Secretary of
State, published August 1997.
When a conservation area is designated it is the character of
the area, the familiar and cherished local scene, that conservation
area designation seeks to protect. The special character of these
areas does not come from the quality of their buildings alone. The
historic layout of roads, paths and boundaries; characteristic
building and paving materials; a particular ‘mix’ of building uses;
public and private spaces, such as gardens, parks and greens; and
trees and street furniture, which contribute to particular views -
all these and more make up the familiar local scene. Conservation
areas give broader protection than listing individual buildings:
all the features, listed or otherwise, within the area,
are recognised as part of its character.
In addition to the normal planning controls, planning permission
is required for certain external works to a dwellinghouse within a
conservation area, which include house extensions of more than 50
cubic metres or 10% of the original dwellinghouse (whichever is the
greater) and subject to certain restrictions including
- the cladding of any part of the exterior
- any addition or alteration to the roof
- the erection within the curtilage of the dwellinghouse of a
building, e.g. a garden shed, which is larger than 10 cubic
metres
- the installation of an antenna on a chimney, or to a building
which exceeds 15+ metres in height or to a wall or roof slope which
fronts a highway.
If you are an owner or tenant of a commercial property or a flat
you are already governed by normal planning controls and most
external alterations e.g. replacement of timber sash windows with
uPVC or installation of a satellite dish require planning
permission.
Further control to unlisted dwelling
houses in conservation areas, by removing certain permitted
development rights, can also be undertaken by the Council by
issuing an Article 4(2) Direction. This can be done with public
consultation (although there is no statutory requirement for such
consultation) and without referral to the Secretary of State for
the Environment.
Other, more comprehensive types
of alteration can be controlled by an Article 4(1) Direction,
but in such cases the Secretary of Stateís approval is
required.
These additional planning controls which apply in conservation
areas are only a summary. You should always check first with
Planning Services.
Where the Council considers new development to be appropriate, a
high standard of design is expected. Initial informal design advice
for development in conservation areas can be obtained from Planning
Services.
In general the Council will require new building work to
preserve and/or enhance the existing character or appearance of the
conservation area. Special regard should be given to such matters
as scale, height, form, massing, detailed design and quality of
materials in the interests of harmonizing the new development with
its neighbours. Density of development is an intrinsic part of the
character of conservation areas. Proposals to subdivide grounds or
large gardens will not normally be permitted unless it can be
demonstrated that such proposals will not harm the character or
appearance of the conservation area.
Designation introduces a general control over the demolition and
partial demolition of unlisted buildings, some garden walls and
some types of minor development that would not normally require
planning permission (as specified in the Town and Country Planning
(General Permitted Development) Order 1995, as well as protecting
trees. Such control provides the basis for policies designed to
preserve and enhance all the aspects of character or appearance
that define an area's special interest.
Conservation area consent is required from the Council if you
wish to demolish totally or substantially part of an unlisted
building. However, under the current interpretation of the law,
works which involve the destruction of the fabric of only part of a
building will not be works of demolition and therefore not require
consent.
Consent is also required for the demolition of garden walls
which are in excess of 1 metre high and adjoin a highway, open
space, or more than 2 metres high elsewhere. Further guidance is
obtained in Environment Circular 14/97.
In assessing whether or not to grant consent the local planning
authority will have regard to the desirability of preserving or
enhancing the character or appearance of the conservation area in
which the building is situated.
The local authority or the Secretary of State may take
enforcement action or institute a criminal prosecution if consent
is not obtained. If the property is a listed building, in
ecclesiastical use, or a scheduled ancient monument, different
legislation applies, details of which can be obtained from Planning
Services.
It is the character and appearance of conservation areas as a
whole that the local authority is required to preserve and enhance,
not just that of buildings within them. A major element in the
character and appearance of many areas is the trees and gardens
within them. Therefore, ill-considered works to trees may not only
lead to the loss of the trees themselves, but also ruin the
appearance of the area surrounding them and spoil the setting of
any buildings nearby.
All trees with a trunk diameter of 75mm measured at 1.5m above
ground level within the conservation area are protected under
Section 211 of the Town and Country Planning Act. Any works to them
including pruning and felling will require a written notification
to the Council six weeks prior to commencing those works.
Exemptions are
- Trees that are dead, dying or that have become dangerous.
- Pruning of fruit trees in accordance with good horticultural
practice to prevent or control a legal nuisance. Owners are advised
to consult their solicitor first.
Where the loss of a tree is unavoidable, replanting with species
that are native or traditional to the area will be
encouraged.
The designation of a conservation area should help to preserve
the special character particular to the locality.
It is important, therefore, that amenity groups, residents'
associations and local people are involved to ensure standards are
maintained and enhancement targets achieved.
Small scale enhancement schemes such as the reintroduction of
traditional paving materials or more appropriate but efficient
street lighting are often beneficial to the appearance of a
conservation area.
Designation therefore creates additional responsibilities for
those involved and the Council welcomes the help and co-operation
of the public in these areas.
There are many instances when a seemingly small alteration can
damage the historic character and appearance of an area,
including:
- replacement of natural slate or clay tiles with
interlocking concrete tiles
- painting or rendering of stonework or brickwork
- replacement of original timber doors with 'off the shelf'
designs in uPVC or tropical hardwoods
- replacement of original timber sash or casement windows with
uPVC or tropical hardwoods that do not match the original glazing
pattern or design
- replacement of boundary walls, railings and hedges with
materials not traditional in character
We very much hope that you will support the Council in
preserving and enhancing our built heritage, not just for ourselves
to enjoy, but for future generations.
Copies of the Planning (Listed Building and Conservation Areas)
Act 1990, Planning Policy Guidance Note 15: Planning and the
Historic Environment (PPG 15) and Environmental Circular 14/97
Planning and the Historic Environment can be obtained from The
Stationery Office Ltd (phone 0870 600 5522).
Bath & North East Somerset Council’s Planning Services is
always happy to give information, advice and guidance on the care
of conservation areas, listed buildings and trees.
Listed buildings and Listed Building Consent - 01225 477632
Unlisted buildings and Conservation Area Consent - 01225
477632
Works to trees within a Conservation Area - 01225 477520
Planning Permission - 01225 394041
Planning Policy - 01225 477548
This paper was written by Planning Projects & Partnerships
Team - 01225 477583
All the above teams are located at Planning Services, Trimbridge
House, Trim Street, Bath, BA1 2DP.
