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'.
Following concerns that the special qualities of areas were being lost by post-war development, the 1967 Civic Amenities Act introduced the concept of a 'Conservation Area'. Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 gives local authorities the power to designate a Conservation Area within their local planning area.
Whilst listing procedures are focused on the protection of indicvidual buildings, Conservation Area designation is the main instrument available to authorities to give effect to conservation policies for a particular area. Designation introduces a general control over the demolition of unlisted buildings and certain minor works to residential buildings and provides the basis for policies designed to preserve or enhance all the aspects of character or appearance that define an areas special interest.
Conservation Areas are designated in recognition of the importance of both the buildings, (individual and groups) together with the relationship of the spaces, within a specific area. History, architecture, landscape, layout of public and private spaces, parks and gardens, greens, trees, historic street furniture and historic street paving can all be recognised as important within the framework of a Conservation Area.
In order to justify why an area is considered special Central Government, via their advisory body, English Heritage, has produced a policy statement called 'Guidance on Conservation Area Appraisals' published in 2006 which can be found on the Englsih Hertiage Website under 'free publications'. To visit the English Hertiage Webpage please use this link: English Heritage Website (opens in a new window).
Guidance on Conservation Area Appraisals recommends that local authorities should undertake Conservation Area Character Appraisals for both new and existing conservation areas and these should include
A Summary of the characteristics which comprise the Special Interest
Context
Archaeology
Origins and Historic Developmen
Architectural and Historic quality
Landscape Setting and Green Spaces
A Spatial Analysis
Character of the Area
Negative Factors
General Condition of The Area
Problems, Pressures and capacity for Change
Planning Policy Context
A Review of the Conservation Area Boundary
These Appraisals are a useful tool for identifying important qualities within an area that should be preserved or enhanced, and can be used by residents, potential developers and the District Council, who can use the Appraisal to guide development and design in a particular area. We have a programme in place for undertaking comprehensive Character Appraisals for its 32 Conservation Areas. Where comprehensive Conservation Area Character Appraisals have been approved, these are available to be viewed via the relevant Conservation Area web-links. Where no Conservation Area Character Appraisal is available, the Appraisal is pending.
Conservation Area Consent only relates to proposed demolition within a Conservation Area. The total or substantial demolition of a building (in excess of 115cubic metres) requires Conservation Area Consent as does the removal of certain walls, gates and fences. Generally this is in relation to, where planning permission would be required to erect such a wall, gate or fence. Any building proposed for demolition will be assessed as to whether it is considered to make a ‘positive’ contribution to the Conservation Area. If it does make a positive contribution, then its proposed demolition will be treated as if the structure was a listed structure and may, therefore be resisted by the District Council. Any proposal for demolition in a Conservation Area will need to be comprehensively justified.
Conservation Area designation introduces some extra controls to protect the special qualities of the area. This means that planning permission may be required for certain work, that outside of a Conservation Area would normally be classed as 'permitted development'. Once an area is designated a Conservation Area, the Local Planning Authjority has a duty to advertise proposals that may affect it, by site notice and in the local press, so that public opinion can be obtained. Applications for 'outline' planning permission in a Conservation Area may often not be appropriate, and more comprehesive information of a proposal may be required in order to properly assess the impact of the scheme on the special qualities of the Conservation Area.
Commercial properties (including flats and apartments) whether located in or outside of a Conservation Area have no permitted development rights i.e. works that can be carried out to the property without planning permission and therefore planning permission is generally required for most proposed development.
Residential properties have certain permitted development right, i.e. works that can be carried out to the property without planning permission. However within a Conservation Area these permitted development rights (PD) are more limited.
In addition to normal planning controls, Planning Permission will be required in a Conservation Area for the following works, which affect a residential property (dwelling-house):
An extension to the dwelling-house which would extend beyond a wall forming a side elevation of the original dwelling-house
An extension of the dwelling-house which would have more than one storey and extend beyond the rear wall of the original dwelling-house
The cladding of any part of the exterior of the dwelling-house with stone, artificial stone, pebble-dash, render, timber, plastic and tiles
The enlargement of a dwelling-house consisting of an addition or alteration to its roof
The provision within the curtilage of a dwelling-house of
any building or enclosure, swimming or other pool required for such 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: or
a container used for domestic heating purposes for the storage of oil or liquid petroleum gas
IF
any part of the building, enclosure, pool or container would be situated on land between a wall forming a side elevation of the dwelling-house and the boundary of the curtilage of the dwelling-house
The installation, alteration or replacement of a chimney, flue, or soil and vent pipe on a dwelling-house IF the chimney, flue or soil and vent pipe would be installed on a wall or roof slope which
fronts a highway
forms either the principal or side elevation of a dwelling-house
The installation, alteration or replacement of a microwave antenna (satellite dish) on a dwelling-house, or within the curtilage of a dwelling-house IF it would consist of the installation of an antenna
on a chimney, wall or roof slope which * faces onto, and is visible from, a highway or
in the Broads, on a chimney, wall or roof slope which faces onto, and is visible from a waterway; or
on a building which exceeds 15 metres in height.
Installation of Domestic Micro-generation Equipment
In addition to normal planning restrictions Planning Permission will be required in a Conservation Area for
The installation, alteration or replacement of solar thermal equipment on:
A dwelling-house* or
A building situated within the curtilage of a dwelling-house IF
the land is within a Conservation Area or a World Heritage Site, and the solar PV or solar thermal equipment would be installed:
on a wall forming the principal or side elevation of the dwelling-house and would be visible from the highway; or
on a wall of a building within the curtilage of the dwelling-house and would be visible from a highway.
*in this case, the definition of a dwelling-house includes a building which consists wholly of flats or which is used as a dwelling-house.
The installation, alteration or replacement of stand alone solar within the curtilage of a dwelling-house IF
In the case of land, within a Conservation Area or a World Heritage Site, it would be situated within any part of the curtilage of the dwelling-house and would be visible from the highway.
The installation, alteration or replacement of a flue, forming part of a biomass heating system on a dwelling-house IF
In the case of land within a Conservation Area or a World Heritage Site, the flue would be installed on a wall or a roof-slope forming the principal or side elevation of the dwelling-house and would be visible from a highway.
The installation, alteration or replacement of flue, forming part of combined heat and power system, on a dwelling-house IF
In the case of land within a Conservation Area or within a World Heritage Site, the flue would be installed on a wall or a roof-slope forming the principal or side elevation of the dwelling-house and would be visible from a highway.
Within the administrative Planning area of the Derbyshire Dales (i.e. outside the Peak District National Park Planning Authority) 32 Conservation Areas are designated, these are listed down the left hand side of this page.
We operate two grant schemes relating to Historic Buildings and Conservation Areas and a further Partnership Scheme for historic property in Cromford, the latter in conjunction with the Derbyshire County Council.
There is a small amount of grant aid available for permanent, external, repairs to historic buildings and enhancement works within the District. Applications are prioritised as follows:
Listed Buildings included on the 'Buildings at Risk' Register
Listed Buildings (all grades)
Historic, non-listed, buildings in Conservation Areas covered by an Article 4 Direction
Historic, non-listed, buildings that are prominent within Conservation Areas
Grant aid is also available for enhancement works within Conservation Areas. Applications can be made for such works as:
Repairs to historic paving materials (flags, setts, cobbles etc)
Repairs to historic walls, railings and gates
Reinstatement of original architectural and historic features (based on sound evidence)
Restoration of historic street lamps/lanterns
Grants are formulated on the total cost of the work (including VAT & professional fees, if applicable) based on an incremental percentage scale with a maximum ceiling figure within each increment.
Application forms and guidance note are available to download from the Related Documents section at the bottom of this page.
This grant scheme can benefit both residential and commercial properties in Cromford Conservation Area and provides grant aid (funds permitting) of between 40 per cent and 60 per cent for repairs to buildings and 80 per cent for environmental schemes. For further information please contact Derbyshire County Council (Conservation and Design Team) on 01629 580000.
National Planning Policy Statement:5 "Planning for the Historic Environment (2010)" (opens in a new window) provides a policy framework for Conservation Areas.
Historic Environment Practice Guide (opens in a new window) (2010) provides practical advice and guidance to the PPS:5
Derbyshire Dales Local Plan (2005), include policies relating to the control of development within a Conservation Area and adjacent to a Conservation Area boundary.
These policies are used in the determination of planning applications in Conservation Areas.
We have also adopted two, relevant, Supplementary Planning Documents (SPDs).
The District Council can
Encourage and ensure that proposed new design harmonises with the buildings and the surrounding area
Prepare development or design briefs for sites in Conservation Areas
Exercise certain controls over buildings / structures in a Conservation Area by the introduction of an Article 4 Direction
Exercise certain controls over advertisements and shop signage (including, where considered applicable, the introduction of Areas of Special Advertisement Control*)
Endeavour that traffic control measures are not at odds with the character of the area
Consider enhancement schemes and look to environmental improvements
Make grants available (funds permitting) for the repair of buildings and for enhancement schemes within the area
*Area of Special Advertisement Control
A large number of properties and land within, and around, the Matlock Bath Conservation Area are designated as an Area of Special Advertisement Control. This imposes additional controls on advertisements and signage. Prior to installing any new advertisement or signage you should contact Planning & Development Services who will be able to explain these additional controls and whether or not they relate to your property/land.
The following documents are in Portable Document Format (PDF). You can download the PDF software for free from the Adobe website (opens in a new window)