Conservation Areas
Introduction
The streets and buildings of our towns and villages are part of
the historic character of our community. Each townscape tells the
story of its unique development, and gives us a sense of place,
continuity and cultural identity.
Where these places are of special architectural or historic
interest or deserve to receive careful protection, they can be
designated as Conservation Areas. However, this does not mean that
they have to remain frozen in time - change is often necessary to
accommodate the demands of modern living. As our historic town and
village centres are always likely to attract new development, the
challenge is how to enhance, rather than detract from, their
special, local character.
Within the Rochford District the Council has designated ten
Conservation Areas and these are detailed under Related Links.
Conservation Areas and the Plans
Conservation Area Appraisals and Management plans for all the
Conservation Areas in the District have been produced for the
Council. The Plans recommend the Council make changes to some of
the boundaries and to strengthen planning controls in order to
preserve the distinctiveness of these areas.
Boundary change
On 6th July 2009, Rochford District Council agreed to adopt the
recommendation in the Conservation Area Appraisal and Management
Plans and amended the boundaries of five existing Conservation
Areas: Rayleigh, Rochford, Canewdon High Street, Canewdon Church
and Great Wakering.
Please see related links below for maps showing extent of
amended Conservation Areas.
Article 4(2) Direction – change to planning controls
Most alterations in a Conservation Area will require formal
consent. You will need planning permission or conservation area
consent from the council to demolish/ alter/ extend a building or
structure (with certain exceptions) - this gives the council the
chance to consider the contribution of an existing building to the
area before making a decision on any proposed replacement.
Please note that trees within the Conservation boundary are also
protected, written notification will need to be given to the
Planning Department at least six weeks before any works can be
carried out (i.e. cutting/ lopping/felling down trees).
However, some alterations are normally permitted within
Conservation Areas without the need to acquire planning permission
through what is known as Permitted Development Rights. One of the
recommendations in the Conservation Area Appraisal and Management
Plans was that some Permitted Development Rights be removed in
selected Conservation Areas in order to protect their character.
These Permitted Development Rights may be removed through the
issuing of an Article 4(2) Direction.
On 11th January 2010, the Council has confirmed the
implementation of the Article 4(2) Direction for a number of
Conservation Areas. The areas affected are:
- Battlesbridge
- Canewdon High Street
- Great Wakering
- Paglesham Churchend
- Paglesham East End
- Rayleigh
- Rochford
The Article 4(2) Directions have removed the following Permitted
Development Rights.
All references are to the General Permitted Development Order
1995:
- The enlargement, improvement or other alteration of a dwelling
house, where any part of the enlargement, improvement or alteration
would front a relevant location – Class A of Part 1 of Schedule 2
of the Order.
- The gate, fence, wall or other means of enclosure would be
within the curtilage of a dwelling house and would front a relevant
location - Class A of Part 2 of Schedule 2 of the Order.
- The gate, fence, wall or other means of enclosure within the
curtilage of a dwelling house and fronts a relevant location -
Class B of Part 31 of the Order.
- The painting of the exterior of any part, which fronts a
relevant location, of; (i) a dwelling house, (ii) any building or
enclosure within the curtilage of the dwelling house – Class C of
Part 2 of Schedule 2 of the Order.
- The provision within the curtilage of a dwelling house of a
hard surface for any purpose incidental to the enjoyment of the
dwelling house as such – Class F of Part 1 of Schedule 2 of the
Order.
The above works within the seven affected Conservation Areas
will now require planning permission before they can be
implemented.
Advice and information
The Frequently Asked Questions section and the Conservation Area
Guidance Note below provide some information for the Conservation
Areas. However, we recommend that you seek advice from our Planning
Department before carrying out any works in the Conservation area.
We will endeavour to provide you with pre-application advice to
ensure the best outcome for you and for the area.
Frequently Asked Questions
What is a Conservation Area?
Conservation areas are ‘Areas of Special Architectural or
Historic Interest, the character or appearance of which it is
desirable to preserve or enhance’ (Planning (Listed Buildings and
Conservation Areas) Act 1990).
How do I know if I need Planning
Permission?
If your property is located within the Conservation Area, we
strongly recommend that you contact the Planning Department before
carrying out any alterations to the exterior of your property. We
will endeavour to provide you with pre-application advice to ensure
the best outcome for you and for the Conservation Area.
What is an Article 4 Direction?
Article 4(2) Directions restrict General Permitted Development
Rights (the rights of owners to develop without first acquiring
planning permission). English Heritage has urged local planning
authorities to make much greater use of Article 4 Directions to
safeguard conservation areas.
In general, they only apply to elevations fronting a highway,
and only apply to houses, and not to flats or commercial
properties.
What are the effects of Article 4 (2)
Directions?
Once an Article 4(2) Direction has been made planning permission
becomes necessary for specific changes as set out in the
Direction.
It does not affect any alterations which have already taken
place. 'Like for like’ exact replacement and repairs are unlikely
to require permission. There is no planning application fee for any
application which is necessary only because of an Article 4(2)
Direction.
We already live in the Conservation Area, why is there a
need to introduce Article 4(2) Directions?
Article 4(2) Directions were not introduced as a means of
stopping
owners/occupiers from improving their homes, but as a way of
ensuring alterations and improvements are done in a way that fits
in well with the character of the area.
By withdrawing the permitted development rights specified in the
Article 4(2) Direction, we will be better placed to ensure that
historic building features and traditional materials are retained
or replaced sympathetically, and that any further harm to a
Conservation Area’s character and appearance can be prevented.
Do I need planning permission to paint the exterior
walls?
The repainting of an exterior wall in the same colour is a form
of repair / maintenance and does not constitute development under
planning legislation, which means planning permission will not be
required for such works even if the repainting is taking place in
an area subject to the Article (4) Directions discussed above.
However, a change to the colour of the paintwork of an exterior of
a dwelling house is development and this will require planning
permission within the areas that have now been issued with these
Article 4(2) Directions.
Why have properties built in 1960s or after been
included in the Conservation Area?
In designating Conservation Areas, the Local Planning Authority
must consider the overall quality of townscape in its broadest
sense, including the contribution made by green spaces and the
spaces between developments. There would be little merit in
identifying areas worthy of designating, only to omit pockets of
land within them where development would not be subject to the same
controls yet still have the potential to impact negatively upon the
visual amenity of the area if not managed properly.
For further advice, please contact the Planning Department on
01702 318191 or email planning.applications@rochford.gov.uk