Planning - Conservation Areas
This page contains information on what a Conservation Area is and the restrictions imposed on building works within it.
What is a Conservation Area?
The statutory definition of a conservation area is:
"An area of special architectural and historic interest, the character or appearance of which it is desirable to preserve or enhance."
North East Derbyshire District Council has the authority to designate areas that, after research and analysis, it considers to be of special architectural interest. At this time in North East Derbyshire, there are 30 designated conservation areas, some covering small hamlets such as Pratt Hall, villages such as Ashover and Higham, urban areas such as Dronfield and Eckington and very rural areas such as the Moss Valley.
It is the quality of the architecture, visual character and historic interest of these areas that makes them special and worthy of conservation. In making the assessment of an area, many factors are considered in determining its character and quality including:
- The historic layout of property boundaries and thoroughfares.
- The inter-relationship of buildings and spaces.
- The mix of building and land use.
- The architectural quality of individual buildings either grand such as town halls, churches and stately houses or vernacular such as workers cottages, water mills and barns.
- The composition of building groups such as terraces, shops, farm complexes, almshouses or industrial complexes (such as mills).
- Vistas into, from, through and around the area under consideration.
- The interaction of the natural and the built environment.
- The age and social history of the area and its buildings.
- The use of materials in buildings, boundaries, paths and open areas.
What Planning Controls are there in a Conservation Area?
In the execution of its duties as a planning authority, North East Derbyshire District Council is required to pay special attention to the character and appearance of its conservation areas when considering applications for planning permission. Special planning controls also exist in Conservation Areas. These main controls relate to:
- The size of an extension to a dwelling that can be constructed without the need for planning permission.
- The size of a building in a garden that can be constructed without the need for planning permission.
- Works to the roof of a dwelling.
- What can be demolished without obtaining Conservation Area Consent.
- Works to trees, notice of intention must be given to the Authority six weeks prior to the work being carried out.
In order to support this planning function, the council is carrying out a review of its current Conservation Areas and producing Supplementary Planning Guidance in the form of Conservation Area Character Statements.
The Town and Country Planning General Permitted Development Order 1995 sets out several cases of development which may be carried out without the need to seek planning permission. These works are usually called 'permitted development.' These rights do not apply to Listed Buildings, which are covered by separate legislation.
Article 4(2) Direction
Where conservation areas are under threat from continuing change and development allowed under permitted development rights, North East Derbyshire District Council has the authority to impose an Article 4(2) Direction by which it is possible to remove certain specified types of 'permitted development.' Such a direction is made without recourse to the Secretary of State for Culture, Media and Sport.
There is an Article 4(2) Direction of the Town and Country Planning (General Permitted Development) Order 1995 which can be applied to selected buildings, streets or areas within a Conservation Area. The Article 4(2) Direction is restricted to ‘relevant locations’ around a building. A relevant location is one fronting a highway, waterway or open space. An Article 4(2) Direction requires an application for planning permission for the following work:
- For the enlargement, improvement, or other alteration of a dwelling house where it fronts a relevant location.
- An alteration to the roof of a dwelling house where it fronts a relevant location.
- Erection or construction of a porch outside any external door of a dwelling house fronting a relevant location.
- Provision within the curtilage of a dwelling house or any building or enclosure, swimming or other pool required for a purpose incidental to the enjoyment of the dwelling house as such, or the maintenance improvement or other alteration of such a building or enclosure where the building or enclosure swimming or other pool to be provided would front a relevant location or where the part of the building or enclosure maintained improved or altered would front a relevant location.
- Provision within the curtilage of a dwelling house of a hard surface for any purpose incidental to the enjoyment of the dwelling house where the hard surface would front a relevant location.
- Installation, alteration or replacement of a satellite antenna on a dwelling house or within the curtilage of a dwelling house where the part of the building or other structure on which the satellite antenna is to be installed altered or replaced fronts a relevant location.
- Erection, construction, maintenance, improvement, or alteration of a gate, fence, wall or other means of enclosure where it is within the curtilage of a dwelling house and fronts a relevant location.
- Painting of a dwelling house, or any building or enclosure within the curtilage of a dwelling house where it fronts a relevant location.
- Demolition of the whole or any part of any gate, fence, wall or other means of enclosure within the curtilage of a dwelling house, where they front a relevant location.
At this time North East Derbyshire District Council has authorised one Article 4(2) Direction, covering the Eckington and Renishaw Park Conservation Area, one covering the Coal Aston Conservation Area, 2 covering the Dronfield Woodhouse Conservation Area and the Eckington High Street Conservation Area and one covering the North Wingfield Conservation Area. To find out exactly which properties or streets are covered contact the Conservation Officer (details at bottom of page).
If you have an enquiry about Conservation Areas, please use our online planning enquiry form.
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