Conservation areas
A Conservation Area is ‘an area of special architectural or historic interest, the character of which it is desirable to preserve or enhance’
It might consist of a terrace of houses, or a square, a village or even a whole town centre. Listed buildings sometimes form the core of a Conservation Area as do the trees, 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.
Conservation Areas in Hertsmere
The Borough currently contains fifteen Conservation Areas, which are located in the following towns and villages. Maps showing their boundaries can be obtained from the Council for a charge.
- Aldenham Village
- Bushey High Street
- Melbourne Road
- High Road, Bushey Heath
- The Lake, Bushey Heath
- Elstree Village
- Letchmore Heath
- Radlett South
- Radlett North
- Ridge
- Roundbush
- Shenley Village
- Shenley Tower (please note that the conservation area designation has been cancelled as of 8th December, 2010).
- South Mimms
- Patchetts Green and Delrow
- Potters Bar, The Royds
N.B Further Conservation Areas may be designated from time to time.
The Effect of Conservation Area Status
The designation of a Conservation Area brings with it a number of restrictions with which property owners must comply. This is to ensure that any development will not spoil an area’s special qualities but will preserve or enhance its character. Legislation affords greater control over development within designated areas. With certain exceptions, no building or principal part of a building can be demolished without consent. Application forms for Conservation Area consent can be obtained from the Council.
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. Planning application forms are available from the Council.
Outline applications are not normally acceptable for development in Conservation Areas. High quality design and materials are essential when proposing any development within a Conservation Area. Applicants are advised to seek the Council’s view before undertaking any work on potential development proposals. The Council will seek to prepare design guidance for each of the Borough’s Conservation Areas which will provide advice on how to maintain and enhance the character and appearance of the Conservation Area. The first of the design guides have recently been published for the Warren Estate in Bushey.
Trees growing in Conservation Areas
The Town and Country Planning Act also makes special provision for the protection of trees within Conservation Areas that are not otherwise protected by a Tree Preservation Order (TPO). Six weeks prior written notice is required, including a detailed description of the works and clear identification of the trees.
All notifications are advertised on the Council's weekly list of applications. A site visit will be carried out. The Council does not give or refuse consent as with a TPO application, rather it decides whether to object (and make a Tree Preservation Order to prevent the works) or not object, in which case the works can go ahead one the 6 week notification deadline expires.
Find out more about trees growing in conservation areas and the implications, and how to go about submitting a notification on our protected trees page - click here.
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.