Conservation Areas In England

Here are a few things to keep in mind

Planning restrictions

From 1 October 2018, conservation area consent is not required in England for the total or substantial demolition of an unlisted building in a conservation area. Instead, planning permission will be required under the Town and Country Planning Act 1990. Conservation areas typically have specific planning regulations to safeguard the area’s unique character. This means that any alterations or changes to the property, both internal and external, may require planning permission. It is important to check with the local planning authority to understand what modifications are permissible. The property may be subject to restrictions on their property development rights, including requiring specific planning permission from the local planning authority to: (1) carry out roof alterations to a dwelling house, and (2) install, alter or replace microwave antenna or its support apparatus.

Enforcement

It is a criminal offence to demolish an unlisted building within a conservation area without planning consent. A person would be liable on conviction to an unlimited fine. The local planning authority can issue a conservation enforcement notice requiring restoration of the building to its former state.

Listed buildings

Some properties within conservation areas may also be listed buildings, which are subject to even stricter regulations. Listed buildings are considered to be of national importance, and any alterations or repairs must be approved by the local authority or Historic England. Read our guide on Listed Buildings.

Trees and green spaces

Conservation areas often protect trees, green spaces, and landscapes. If there are protected trees on the property, you may need permission to carry out work on or around them. It is advisable to consult with the local authority’s tree officer or conservation officer regarding any potential restrictions. A tree within a conservation area is subject to similar restrictions as a tree covered by a tree preservation order.

Community involvement

Conservation areas can have active residents’ associations or conservation societies that work to protect and enhance the area. It can be beneficial to engage with the local community to understand their views, ongoing projects, and any future plans that may impact the area.

Financial implications

Buying a property in a conservation area may affect the cost of maintenance and renovations. Stricter planning regulations and the need to use specialist materials or techniques for repairs can potentially increase costs. It is advisable to consider these factors when budgeting for the property.

Frequently Asked Questions

What is a conservation area?

A conservation area is a designated zone protected by a local authority because of its special architectural or historic interest. The aim is to preserve or enhance the character and appearance of the area.

Do I need planning permission to alter a property in a conservation area?

Yes, many works that would normally fall under permitted development may require planning permission. This can include:

· Roof alterations

· Extensions

· Replacement or installation of windows and doors, including dormer windows.

· Satellite dishes and microwave antenna installations

Always check with the local planning authority before carrying out work.

What is the difference between listed building consent and conservation area consent?

Listed Building Consent is required for alterations, additions or the demolition of specific buildings of architectural/historical interest covering internal and external work. Conservation Area Consent controls the exterior modification of unlisted buildings within designated protected areas to prevent damage to the character of the neighbourhood, not the internal features of a single property.

How do conservation areas affect trees?

Trees within conservation areas have similar protections to those under a Tree Preservation Order (TPO). You may need local authority permission to:

· Prune

· Fell

· Remove branches

· Carry out groundwork near root systems

What if a property in a conservation area is also a listed building?

Listed buildings are subject to stricter regulations. Any alteration, demolition, or repair requires listed building consent from the local authority (or Historic England). These rules apply regardless of the conservation area status.

Examples

Example A

Homeowner denied modern window replacements

A homeowner sought to replace original timber sash windows with uPVC alternatives. The local planning authority refused permission as it would harm the area’s architectural character. The owner later obtained approval for timber replicas.

Example B

Roof extension required full planning permission

In a Victorian terrace conservation area, a buyer planning a loft conversion discovered that all roof alterations needed consent. The process added time and costs, including a conservation-appropriate design and traditional materials.

Example C

Getting it wrong

In a recent case a Developer sold a property situated in a conservation area as a two bedroomed apartment; however, following completion it transpired that planning permission has not been obtained for the Velux window installed in the second bedroom. The Velux window had to be removed, meaning that the property was reduced to being a one bedroomed property as there was no other source of light or ventilation. The developers were successfully sued and damages of £30,000 awarded, being the difference between the value of a one and two bedroomed apartment in that area.

Should I get professional advice before buying?

Absolutely. A solicitor such as a property solicitor at Kew Law, architect, or planning consultant experienced in conservation areas can advise on:

· Restrictions

· Planning risks

· Protected features

· Future limitations on development