Conservation Area controls

By designating a conservation area, the District Council is confirming that it regards the area as a place where special care should be taken to maintain and improve its visual character. This means that change in a conservation area is subject to greater control than elsewhere, principally:

• Special attention shall be paid in the exercise of planning functions to the desirability of preserving or enhancing the character or appearance of a conservation area
• Conservation Area Consent is required from the District Council for the demolition (with some exceptions) of buildings and walls
• The District Council must be given six weeks notice of any proposal to carry out any work to any tree within the area
• Permitted Development Rights (ie those building works which do not require planning permission) were removed in Newburgh by the District Council in 1977. The Article 4(1) Direction limits what work you can carry out to your property without first applying for planning permission. The restrictions relate to the following aspects of development within the conservation area:

• the enlargement or extension of dwellings including the erection of detached buildings such as garages or stables within the curtilage of the property
• the cladding of the exterior with stone, artificial stone, timber, plastic or tiles
• the erection of any new buildings such as garden sheds with a cubic content greater than ten cubic meters
• the enlargement of the dwelling by adding to or altering its roof
• the erection of porches outside any external door of the property
• the construction or laying down of hardstanding for vehicles
• the provision of gates, fences, walls or other means of enclosure.

[The legislation relating to Permitted Development Rights is complicated and could be subject to change. It is, therefore, essential to check with the planning authority before carrying out any building works]

Listed building controls

The statutory list of buildings of architectural or historic interest is compiled by the Department for Culture, Media and Sport, and includes a wide variety of structures. Inclusion of a building on the list identifies that building as having special interest and brings any alterations to that building under planning control.

There is a general presumption in favour of the preservation of listed buildings because they represent a finite source. Controls apply to the whole building, both internal and external and to all works which would affect a building’s character. Works of basic maintenance are exempt from control – on a like-for-like basis, unless there is an element of alteration or rebuilding.

It is a criminal offence to carry out unauthorised alterations to a listed building, so it is always best to consult with the Local Authority to determine whether consent for work to a building is required.

For further information on Conservation Areas and Listed Buildings contact West Lancashire District Council Planning and Environment Department. Tel 01695 577177 www.westlancsdc.gov.uk/planning/index.cfm?ccs=302