Conservation areas

Screen

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Go back to Conservation areas summary

These are the questions we answer during the Screen stage.

Answering them wil help us learn more about the Conservation areas consideration, determine if a data standard is required and whether we know enough to move on to the next stage.

  • What is the 'Conservation areas' consideration?

    Conservation areas are areas of special architectural or historic interest with a character or appearance that must be preserved or enhanced.

  • Is there legislation that defines 'Conservation areas'?

    Yes

    • What is the legislation that defines 'Conservation areas'?

      https://www.legislation.gov.uk/ukpga/1990/9/section/69 which describes:

      “Every local planning authority— shall from time to time determine which parts of their area are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and shall designate those areas as conservation areas.

      (2) It shall be the duty of a local planning authority from time to time to review the past exercise of functions under this section and to determine whether any parts or any further parts of their area should be designated as conservation areas; and, if they so determine, they shall designate those parts accordingly.

      (3) The Secretary of State may from time to time determine that any part of a local planning authority’s area which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if he so determines, he may designate that part as a conservation area.“

    • What is the specific part of the legislation that describes how a 'Conservation areas' gets designated?

    • What is the specific part of the legislation that requires the publication of 'Conservation areas'?

      Section 70, Paragraph 8 which defines: “Notice of any such designation, variation or cancellation as is mentioned in subsection (5) or (6), with particulars of its effect, shall be published in the London Gazette and in at least one newspaper circulating in the area of the local planning authority, by that authority or, as the case may be, the Secretary of State”.

      Planning (Listed Buildings and Conservation Areas) Act 1990, Section 71 which defines: “It shall be the duty of a local planning authority from time to time to formulate and publish proposals for the preservation and enhancement of any parts of their area which are conservation areas.”

  • Who, in law, is responsible for the planning consideration or makes decisions about 'Conservation areas'?

    Local Planning Authorities - Section 69

    SoS DCMS - Section 69

    Historic England (for decisions in Greater London) - Section 70

  • Which organisations do we think should publish the data?

    • Local authorities
    • Historic England

  • Is the Conservation areas a trigger?

    Yes

    • What needs to be done because Conservation areas has acted as the trigger?

      • design and access statement
      • heritage statement
      • lighting assessment
      • tree survey
      • impact assessment on conservation area
      • demolition consent
      • statement of community involvement
      • town centre visual impact assessment
      • archaeological assessment
      • arboricultural impact assessment
      • land and visual impact assessment (LVIA)

  • Is the Conservation areas something to consult during plan making?

    Yes

    • Provide information about when Conservation areas is used during plan making

      • Heritage statement
      • Lighting assessment
      • Arboricultural impact assessment
      • Archaeological assessment
      • Landscape and visual impact assessment (LVIA)

  • Is there any Conservation areas data already available?

    Yes

  • Do we think the data should come from a single source?

    No - the data should be provided by LPAs individually

  • Will a data standard be required?

    Yes