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Properties in Conservation Areas – Considerations.
What is a Conservation Area?
A Conservation Area is defined as being “an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance”. The Local Authority has the power to designate Conservation Areas to ensure their character and/or appearance is protected and preserved for generations to come.
Additionally, Conservation Areas are more common that you think. There are approximately 50 Conservation areas in Aberdeen and Aberdeenshire alone, for example Footdee Village in Aberdeen is located within one (see City map here ). Please see here for Conservation Areas in Aberdeenshire.
What are the implications of owning a property in a Conservation Area?
If you are purchasing a property within a Conservation Area and you intend to alter or carry out works to the property, it is likely that you will need planning permission to do so. Planning permission will normally not be required if you are carrying out works to the interior of the property, and these works will not affect the external appearance of the property. Straightforward repair work will also normally not require planning permission, but you are strongly advised to check with the Local Authority before you proceed with these works.
Planning permission requirements
Most works to the exterior of a property in a Conservation Area will require planning permission. For example, if you are building an extension or installing an Sky dish, you will probably require planning permission to do so. In addition to this, if the property you wish to purchase is within an area in which an Article 4 Direction is in force, then planning permission for simple replacement windows and doors may also be required.
The role of an Article 4 Direction
An Article 4 Direction is part of planning legislation that allows the Local Authority to remove permitted development rights (including changes of use) from an area or a particular property where it is necessary to protect local amenity or the wellbeing of an area. If the property is also within an area which is under an Article 4 Direction then an application for planning permission will have to be submitted for any works to be carried out to the property.
Your local planning department can help
As with all alterations to a property, irrespective of your property’s location, it, it is highly recommended that you consult your Local Authority planning department to confirm what will be required in your own particular set of circumstances prior to commencing any works.
How RCCW can help
As you can see, buying a property that is located within a Conservation Area is not as straightforward as you would expect. If you are considering purchasing a property within a Conservation Area and you if you are in any doubt as to whether planning permission will be required, our legal team would be happy to provide guidance on this. Our team can be contacted at this email here, or on 01224 564636. Find out more about our comprehensive range of property services here.
