DEVELOPMENT CONTROL IN CONSERVATION AREAS
Introduction
A survey1 of civic societies in the North West region identified 'Development Control in Conservation Areas' as their first priority as a campaign topic. Shopfront design, advertising, litter control and the general quality of the public realm were also high-scoring issues in the context of urban conservation areas. The South West region clearly has similar concerns, having suggested 'The need for changes in Conservation Area legislation' as their 'Hot Topic'2. This paper identifies many of the issues, highlights some causes for concern and may be a catalyst for further representations on behalf of civic societies.

Background Information

  • Conservation areas were introduced through the Civic Amenities Act 1967 - a Private Member's Bill promoted by Duncan Sandys, founder of the Civic Trust.

  • The primary legislation nowadays is the Town and Country Planning Act 1990 (hereinafter referred to as 'the principal Act') and the Planning (Listed Buildings and Conservation Areas) Act 1990 (hereinafter referred to as 'the Act').

  • The key reference to government policy on all development affecting conservation areas is Planning Policy Guidance Note (PPG) 15 'Planning and the historic environment' (1994).

  • The definition of a conservation area remains as 'areas of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance' (Section 69(1)(a) of the Act).

    • Local planning authorities are required to designate conservation areas, to keep them under review, and, if appropriate, to designate further areas (Section 69(2) of the Act).
  • Designation brings certain duties to local planning authorities:
            (a)    to formulate and publish from time to time proposals for the preservation and enhancement of conservation areas and submit them for consideration to a public meeting in the area to which they relate (Section 71 of the Act).
            (b)    in exercising their planning powers, to pay special attention to the desirability of preserving or enhancing the character or appearance of the conservation areas (Section 72 of the Act).

  • Historic areas are recognised for the contribution they make to our cultural inheritance and economic well-being. Determining which areas are of 'special interest' is a matter for local planning authorities, using local criteria. Conservation areas therefore differ from listed buildings, where selection continues to be made (for the time being at least) by the Secretary of State for Culture Media and Sport, using national criteria. If designation is to be effective, however, it is important that rational and consistent judgements are made in determining their special qualities and local distinctiveness.

  • It has often been stated that "there are nearly 9,000 conservation areas in England" but accurate figures were not generally known or publicised until 2002. English Heritage's 'State of the Historic Environment Report'3 recorded a total of 9,027 which has since been revised to 9,080 in the latest statistics to be found in 'Heritage Counts 2003'4: Appendix 1 to this paper is an extract from this latest audit of the historic environment and it includes a table which shows the number of conservation areas varying from just 277 in the North East region to nearly 2,000 in the South East (excluding London). The average number of conservation areas per local authority is 28.

Conservation Area Appraisals
Guidance on the preparation and use of conservation area appraisals is given in a 12-page booklet5 produced by English Heritage in 1997. It describes the purpose of such appraisals and the necessity for them in relation to development control and the general management of conservation areas.
Nevertheless, conservation area appraisals remain non-statutory and a survey described in Heritage Counts 2003 has shown that an average of just 8 out of 28 conservation areas per local authority had conservation area appraisals.. (In the North West our Vice Chairman, Peter Colley, has surveyed all 45 local planning authorities6 on behalf of NW.Acts : the results showed that only 20% of conservation areas in this region have the benefit of an adopted appraisal. Some authorities have most areas covered, while others have none !).

Current Development Control criteria
Both 'the Act' and 'the principal Act' referred to above define the current legislation affecting conservation areas. Planning permission is required for all new buildings, alterations and extensions except where these are covered by Permitted Development Rights. Such rights are sometimes restricted in conservation areas by the application of Article 4 Directions which are intended to preserve the external features of buildings (listed or otherwise) as well as other special characteristics of the area.
Demolition within conservation areas requires additional planning consent – although, as a result of the Shimizu case in 1997, partial demolition is now interpreted as being an alteration for which formal consent is not required.
Tree works, including lopping, pruning or felling, are also subject to local authority control within conservation areas.
All alterations within a conservation area should seek to 'preserve or enhance' the special character of the area. Without conservation area appraisals and Article 4 Directions it is extremely difficult to uphold a refusal of permission at Appeal or prevent the gradual erosion of historical features.

Proposed changes in legislation
Appendix 2 to this paper is a series of extracts from the current DCMS review of heritage protection legislation. Much of the debate has been about listed buildings and the desirability of a 'unified list' – but the document contains some worrying evidence about the protection of our conservation areas.

Stephen Langtree, Chairman NW.Acts

1Survey of 95 civic societies in the NW carried out in 2002/03 to identify priorities for campaign topics and regional projects.
2Minutes of the CT Regional Committee, 5 March 2003 (Item 3)
3State of the Historic Environment Report (SHER) 2002, English Heritage.
4'Heritage Counts 2003 – The State of England's Historic Environment', English Heritage
5Conservation Area Appraisals, 1997, English Heritage product code XH20048
6Conservation Areas in the North West, Peter J Colley, nw.acts, 2003

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