Property Q and A

“My property is in a conservation area. What difference does this make?”

The definition of a conservation area is an “area of special architectural or historic interest the character or appearance of which is desirable to protect and enhance”.

It is the overall character of the area which warrants conservation – not necessarily the individual buildings.

Tighter planning control will apply to planning applications to ensure that the buildings are maintained in keeping with the area – in particular in relation to windows, gutters and other external features. Even open land is covered by the designation.

All trees in a conservation area are protected. Should you wish to lop or top a tree, you will need to apply to the council for consent – you may need to employ the services of a tree surgeon or specialist to reassure the council that the tree is being dealt with in an appropriate manner.

In a recent case, well meaning parents living in a conservation area in Sussex, were ordered to remove a tree house which they had built for their children. Normally such a construction would not have needed consent, but because this was in a conservation area, rigid regulations both protecting trees and governing the dimensions of any buildings applied.

The very nature of these areas, despite the somewhat tedious controls, ensures that they remain very popular places in which to live. However, should you wish to carry out any alterations or improvements to the property – or to the trees - you should contact the local authority to check what consents will be required. If you are unsure whether you live in a conservation area or not, a quick call to the local authority will clarify.

For more information please contact Sue Rzeznicki at Sue.Rzeznicki@gregglatchams.com.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.