What are the effects of designation?
In addition to the normal planning controls, Conservation Areas enjoy special protection under the law. These are some of the key requirements:
- Anyone wishing to demolish a building or part of a building within a conservation area must first obtain conservation area consent from the District Council as Local Planning Authority. Certain buildings are excluded from this requirement.
- Anyone wishing to cut down, lop, top, uproot or do any work to trees, must give 6 weeks prior notification to the District Council. However, if the trees are already protected by a Tree Preservation Order then a formal application for consent is required.
- National Planning Policy sets out requirements for consideration of applications affecting conservation areas. [NPPF]
- Planning applications for development, which would, in the opinion of the Local Planning Authority, affect the character or appearance of a Conservation Area, must be given publicity. Representations received will be taken into account in determining the application.
Conservation Area Consent
Conservation Area Consent applications should normally accompany a planning application for redevelopment of a particular site; we will consider the applications together. We normally require a statement supporting an application for Conservation Area Consent, including any structural or economic viability evidence, which needs to be analysed in detail by us and the government’s built heritage adviser, English Heritage.
Demolition of a building in a Conservation Area without prior consent is a criminal offence. If you wish to completely or substantially demolish a building in a Conservation Area, you need to have Conservation Area Consent before you commence work.
When the Council considers your application there is a presumption in favour of retaining buildings and structures that make a positive contribution to the character or appearance of the Conservation Area.
Depending on their location and height you may also need Conservation Area Consent to demolish fences, gates and other means of enclosure within the Conservation Area.
The Conservation Area Consent process is therefore similar to, and runs alongside, the planning application process. We will not normally permit the demolition of a building in a Conservation Area before its replacement has been approved.
If you are in any doubt about whether you need planning permission or conservation area consent please go to Do I need Planning Permission? pages. Permalink