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Back to Main Menu![]() Conservation Areas ![]() Conservation Area Designation ![]() Conservation Area Consultation ![]() Article 4(2)s ![]() |
What Does Conservation Area Designation Mean?Conservation Area designation helps to protect an area’s special architectural or historic interest by providing:
The emphasis within conservation areas is on ensuring local character is strengthened, not diminished, by change. Sensitive management of change is essential rather than no change at all, and applications for planning permission must still be determined on their planning merits. The Legal BackgroundSection 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 imposes a duty on local planning authorities to designate as conservation areas any ‘areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance’. Section 69 also requires authorities to review their Areas from time to time to see if further designation or alteration to existing designations is necessary. Planning Policy Guidance: Planning and the Historic Environment (PPG15) deals in some detail with the assessment and designation of Conservation Areas. PPG15 advises that Conservation Areas are about areas rather than individual buildings and that the special character of each Area must be identified. Photographic surveys and detailed descriptions of each street and its features are therefore prepared in conjunction with the Character Statement; although these are used to support the appraisal process, these are an observed record and will be used as background information. The adopted planning policy documents for the Island contain sections relating to development within such areas. The controls that come about when a Conservation Area is designated mean that express consent is required for the demolition of buildings, and that works to trees must be notified in advance. Where new development or change to existing buildings is proposed within or adjacent to the Area, it means that care must be taken to ensure that new work will either preserve or enhance the special character of the area. Where proposals include the demolition of a building, then that demolition has to be justified both in terms of why the building can’t be kept, and how good the replacement building will be. Prior notification of works to trees allows the Council to put a TPO in place if the tree(s) in question is of sufficient quality and importance to the area. Designation does not mean that development cannot take place, either within the area or within its setting, but that special consideration is required to ensure that any demolition is justified, and that schemes which are acceptable on all other planning grounds are of a suitable design and high enough standard to preserve or enhance the character or appearance of the area. This additional level of consideration allows Members to insist upon the best possible standards of design for the Islands new developments, and allows them to refuse the poor and mediocre with confidence. The legislation also makes provision for schemes to enhance the Area, so the inclusion of areas of potential (and those identified as negative elements) allow for schemes to be put forward which will improve the Area to a high standard and in keeping with its own individual character (briefly identified herein as positive elements). Article 4(2) DirectionsThe Council also has the opportunity to consider the use of legislation to protect the character and appearance of conservation areas by requiring applications for certain specified changes to properties which, outside these areas, would be Permitted Development. Listed buildings remain subject to control and the need for listed building consent is unchanged. The legislation is known as an Article 4(2) Direction and can relate to instances such as the replacement of windows and the removal of boundary walls. As these items can have a huge impact on an area, it may be appropriate to provide added protection for certain items in certain areas.
For detailed information on policies, legal background and national advice, please refer to The Isle of Wight Unitary Development Plan (policies B5 to B8 in particular) The Planning (Listed Buildings and Conservation Areas) Act 1990 Planning Policy Guidance 15 - Planning and the historic environment (Secn.4) |
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