Covering the length and breadth of the country as I do filming 'Homes Under The Hammer' its not unusual for me to come across properties that are located within Conservation Areas. Whilst these areas have the common connection of generally being beautiful spots, they do come with their own issues as far as property renovation and development is concerned.

For a owner occupier, buying in a Conservation Area may have its merits - you will be investing into an area in the knowledge the properties, countryside and landscape surrounding you will be subject to specific protection laws - but as an out and out investor, you will need to consider whether or not the enviable location of your property is worth the extra red tape associated with being in a Conservation Area.

What is a Conservation Area?

Conservation areas are places which are desirable to preserve as a result of special architectural or historic interest. They are governed by the District Council, who have the power to declare an "area of special architectural or historic interest, the character or appearance of which, it is desirable to conserve or enhance to be a Conservation Area". Such declaration introduces a general control over the demolition of unlisted buildings and provides the basis for special rules and policies designed to preserve or enhance all the aspects of character or appearance that define an area's special interest.

A Conservation Area might consist of a terrace of houses, or a square, a village or even a whole town centre. Listed buildings very often form the core of a Conservation Area, but it is the overall character of a Conservation Area that is particularly important. It is not only the individual buildings which are protected but also the spaces around them.

Conservation Areas are designated under Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

Apart from a few minor exceptions, no building can be demolished without prior approval and planning permission will need to be sought if you want to alter a building in a conservation area.

Areas of cultural or historical importance

Areas that include important examples of our social, cultural and aesthetic history must be safeguarded from indiscriminate or ill-considered change. Many of the properties within Conservation Areas are deemed as listed buildings - which in itself brings special considerations for anyone wanting to modify or enhance such a property.

However, the controls which are in place in Conservation Areas go beyond just the protection of buildings in isolation. Their surroundings and general environment are often of equal importance and conservation areas are intended to protect that environment. Local Authorities have a responsibility to ensure that the character of these areas is not diminished over time.

Developing property in a conservation area

The designation of a conservation area indicates a council's positive commitment to these areas and its intention to 'preserve and enhance the quality of the environment'. However, conservation areas are not open-air museums, but living communities which must be allowed to change over time in order to remain vital and prosperous. So whilst Local Authorities must be prudent in their approach to planning and development in these areas, they also have to find a balance between preservation of the area and new ideas so that the community can thrive.

Conservation Area status does not mean that change cannot occur but rather that any changes should enhance the area and respect features which contribute to the character of the area. If you wish to carry out work to a property in a Conservation Area then you may need to apply for planning permission, even though you might not need such permission to carry out similar work to a house outside the Conservation Area. It is recommended that you always check with the Council before carrying out any work within a Conservation Area.

If you are considering developing property in a  Conservation Area, you will need to ensure that all new development is sympathetic to the special architectural and aesthetic qualities of the area, particularly in terms of scale, design, materials and space between buildings.

The Local Authority has has statutory powers to control changes within conservation areas, most notably:

Demolition of buildings

Conservation area consent is required for the demolition in whole or part of most buildings and structures, including walls and outhouses. If you are considering demolishing all or part of a structure, you should first seek the advice from the local council.

Trees

If you wish to fell, lop or top or uproot trees within a conservation area, you must give the council six weeks notice in writing.The Council can then act in one of three ways. Either it can:

• Make a Tree Preservation Order if this is justified and appropriate, or 
• Decide not to make a TPO and allow the six week period to expire at which point the works may proceed within the following 2 years, or 
• Decide not to make a TPO and inform the applicant that the works may proceed. 

Anyone who cuts down, uproots, tops, lops, wilfully destroys or damages a tree which is either protected by a preservation order and consent has not been granted, or is located in a Conservation Area and the six weeks notice has not be given, or elapsed, is guilty of an offence. This could lead to a fine of up to £20,000 or twice the value of the tree on summary conviction, or an unlimited fine on indictment.

Satellite dishes

The siting of a satellite dish on the chimney stack or on the roof slope or elevation fronting the road requires consent from your council.

Design of new development

The Local Authority has the power to require a very high standard of design which is sympathetic to the existing environment. New development must make a 'positive contribution to the character of the area'. In view of this, your council can require additional information in support of any planning application showing how the proposal will relate to the conservation area. This can mean the submission of elevations of adjacent buildings, full details of the proposal and examples of materials and colours. Usually only a fully detailed planning application will be considered, which should be accompanied by a design statement.

Your council will advertise all planning applications affecting the character of conservation areas both on site and in the local paper.

Be aware also that alterations to roofs, cladding of buildings and proposals to change the profile of a roof, for example with the provision of a dormer window, and to clad a building with a different material, such as imitation stone, require Conservation Area consent from your council.

Article 4 Directions

In some Conservation Areas, or in relation to specific buildings, the Council can serve a Direction removing the rights to undertake certain works without requiring planning consent that could in normal circumstances be undertaken without requiring consent. Within Conservation Areas this means that you may need to apply for planning permission for a variety of small scale works such as changing your windows, adding new windows, painting the front of your house or making a hardstanding for your car. This is to prevent the cumulative loss of character through unsympathetic alterations to non-listed buildings and features of interest.

If a Direction has been applied to a building outside a Conservation Area then this may relate to the demolition of the building, but could also include other small-scale developments.

It is always advisable to check what you are permitted to do before carrying out any kind of works, especially to the front of your property. Failure to obtain the relevant consent may result in enforcement action, which could ultimately require the removal of buildings, structures, or other works.

For more information on this topic, please visit the site store to order your SIGNED copy of Martin's book, 'Teach Yourself: Making Money From Property' available for just £9.99 plus P+P.

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