Control of Development in Conservation Areas
How does the designation of a Conservation Area affect my rights as a property owner?
Emphasis in Conservation Areas is placed on the control of development, not its prevention. Hart District Council’s intention is to encourage the area to remain alive and prosperous, whilst ensuring that new development is sympathetic to the special architectural, historical and visual qualities of the area.
In many circumstances you will have to apply for planning permission, or conservation area consent, before you are able to build on your property. The following questions and answers offer guidance on the need for permission.
If your property is a Listed Building you should also refer to HDC guidance on Listed Buildings. If you intend to undertake works to a tree you should refer to the HDC guidance on Protected Trees.
When do I need planning permission in a Conservation Area?
The general rule is that an application for planning permission is required for all building works in, on, over or under the ground. Changes of use also require an application for permission for planning consent. There are some exceptions to this rule for dwellings, which are classed as ‘permitted development’ and involve minor work of one sort or another. Where planning permission is normally required for development outside Conservation Areas, it will also be required within a Conservation Area. The need to protect the special qualities and characteristics of Conservation Areas, however, means that the categories of permitted development are more restricted.
Most Conservation Areas in Hart District also have ‘Article 4 Directions’ associated with them that further restrict specific types of permitted development (you should contact the Development Control section to check this). See HDC guidance on Article 4 Directions.
Do I need consent for demolition?
Yes. You will need Conservation Area Consent to demolish a separate building or structure (including walls and fences) on your land, with a few minor exceptions.
Do I need to apply for planning permission to extend my house?
Yes, if:
- Your house is a Listed Building (refer to HDC guidance on Listed Buildings);
- The extension will be higher than the highest part of the roof of your original house;
- Any part of the extension is more than 4 metres deep for a detached house, 3 metres deep for any other and more than 4 metres high.
- You want to build an addition which would be at the front or side of the house.
- More than half the area around your original house would be covered by additional or other buildings including extensions
- The eaves are higher than 3 metres or within 2 metres of a boundary.
- You want to build a 2 storey extension.
- You want a veranda, balcony or raised platform.
*Where there is a planning condition to limit development.
*Where the proposal would contravene the 'Article 4 Direction'
The original house means as first built (or as existing on 1st July 1948) and does not include later extensions.
Do I need an application for planning permission to extend my roof, carry out loft conversion or have a dormer window fitted?
Yes, if you want to build any kind of addition or extension to the roof of your house, except for the installation of roof lights or solar panels less than 150mm deep, flush to the roof. If you have a listed property then you will also need Listed Building Consent for any works.
If an Article 4 Direction is in place it is likely to mean that any alteration to a frontage roof will need planning permission.
Do I need an application for planning permission to add a porch?
No, unless the porch has an external ground area of more than three square metres, or is higher than three metres, or is less than two metres away from the road.
If an Article 4 Direction is in place it is likely to mean that a porch on any frontage elevation will need consent.
Do I need consent for external alterations?
Yes. In most conservation areas in Hart, the Article 4 Direction means that planning permission is needed for quite small alterations, including replacing windows, doors, eaves joinery, brickwork detailing or cast iron rainwater goods. Planning permission is also generally needed to alter or erect a front boundary wall or fence, to remove a chimney, to alter a front roof slope or to paint a previously unpainted front elevation (you should contact the Planning Services section for detailed advice).
Do I need planning permission to decorate, repair or maintain my house?
No, unless you want to clad your house in any material.
However, if an Article 4 Direction is in place it is likely to mean that the painting of a previously unpainted part of a frontage elevation needs consent and likewise the use of a very different colour.
If your property is a Listed Building you will usually need Listed Building Consent for any alterations, both internally and externally, which affect the character of the building (refer to HDC guidance on Listed Buildings).
Do I need planning permission to put up fences, walls and gates?
No, unless
- Your house is a Listed Building (see HDC guidance on Listed Buildings);
- The fence, wall or gate would not form an enclosure;
- The fence, wall or gate would be next to a highway, bridlepath or towpath and over one metre high, or over two metres high in all other cases;
You may require planning permission if
- the fence, wall or gate would be in an area covered by an 'Article 4 Direction.'
- Where an Article 4 Direction is in place, all fences, walls or gates to a frontage require consent and in some areas all such enclosures are covered (contact the Planning Services section for detailed advice).
- Article 4 Directions
Do I need planning permission to build structures in the grounds of my house?
No, unless
- Your house is a Listed Building (see HDC guidance on Listed Buildings);
- The building or structure is to be used other than for domestic purposes;
- The building or structure would be in front or at the side of the house.
- More than half of the area of the land around the original house would be covered by additions or other building;
- The height of the building or enclosure would exceed four metres if it would have a pitched roof, or three metres in any other case or the eaves are higher than 2.5m.
- You want to install a storage tank for domestic heating oil with a capacity of more than 3,500 litres.
- The height of the building is more than 2.5m, or within 2 m of a boundary.
- You want a veranda, decking or raised platform higher than 300mm above ground level.
An Article 4 Direction is likely to mean that any new structure, and those at the rear, or fronting a highway, footpath, waterway or public open space needs consent.
Do I need planning permission to lay patios, hard standings, paths and driveways outside my house?
Yes, if:
- The hard surface is to be used for non-domestic purposes, such as parking a commercial vehicle or for storing goods in connection with a business;
- You want to make a new or wider access onto a classified road (Note: making an access onto an unclassified road requires planning permission if it is not associated with other permitted works);
- The house is in multiple occupation (ie: flats rather than a single dwelling);
- The surface is at the front, and is more than 5sq m and is non-permeable.
If your property is a Listed Building and the hard surface would seriously affect its setting then you should contact the Planning Services section for advice.
Do I need planning permission to erect a satellite dish and television and radio aerials on my house?
Yes, if you want to install a satellite dish:
- if two exist already
- on a building which exceeds 15m in height
- on a chimney stack, wall or roof , visible from the highway
- if the dish exceeds 100cm (measured in any linear direction)
- if any second dish exceeds 60cm
- on a chimney (not visible from the highway) and the dish protrudes above the highest part of the chimney OR it is more than 60cms above the roof ridge, whichever is lower.
- on a chimney (not visible from the highway) and it exceeds 60cms (measured in any linear direction).
- if the height of the chimney, flue or soil or vent pipe exceeds the highest part of the roof by 1 m or more, or it fronts the highway, or forms either the principal elevation or a side elevation of the dwellinghouse.
No, if you want to erect normal domestic TV and radio aerials.
See Information on 'Article 4 Directions'
Trees In Conservation Areas
Are trees in Conservation Areas protected?
Yes. It is recognised that trees make a major contribution to the character and amenity of Conservation Areas. Consequently, virtually all trees in Conservation Areas are protected. This allows the Council to protect the contribution which trees make to the environment.
Do I need permission to carry out works to trees?
Yes. The general rule is that permission is required to carry out works to all trees within a Conservation Area. The Regulations are intended to direct owners towards a high standard of tree maintenance and care, and to avoid the unnecessary removal of, or thoughtless damage to trees.
However, when trees are in a conservation area, with a trunk diameter of 75mm, measured at a height of 1.5m above ground level, then works can take place without first reference to the Council.
You are required to give the Council six weeks written notice of your intentions to do tree works before you carry them out. You should state clearly the location of the tree, its type, the work you propose to do and the reasons for wanting to do it. If you have not received a written response from the Council within the six week period then you may go ahead with the work.
It is advisable to obtain the services of an experienced, qualified and properly insured tree surgeon. Most reputable contractors will provide free estimates without obligation and will be able to advise on proper procedures.
It is a criminal offence to carry out works to a protected tree without authority and one which carries a very heavy maximum fine (£20,000 at January 1992). If you require further information on trees protected by a Tree Preservation Order you should contact Planning Services.
Advertisements in conservation areas
Do I need permission to place advertisements on my property?
Yes. Advertisement Consent is required for all illuminated signs in
Conservation Areas and for certain other types of advertisement (contact the Planning Services section for advice).
Care should be given to the design, size, materials and location of signs, so that they are in keeping with the building on which they are to be displayed, and do not to detract from the Conservation Area’s architectural and historic character. Refer to Hart’s Advice Note on Shop Fronts and Signs for further information.
How you can help
If you live, work or own property in a Conservation Area there are ways you can help to conserve and enhance its special character.
When considering an extension, alteration or other minor building works to your property, you should take into account the scale, size and materials of existing buildings and consider how your proposal will relate to other buildings and spaces within the Conservation Area. By seeking a high standard of design and ensuring the building is sympathetic with its surroundings, you can make a positive contribution to the local environment to the benefit of all.
Ensure that new development is designed to retain buildings, spaces and features which contribute to the special character of the Conservation Area.
Remember that open spaces are often important elements in a Conservation Area. The need to protect these open spaces may make it necessary to preclude new buildings.
Check with the Planning Services - Heritage & Conservation Section, if there is a Proposal Statement for your conservation area and if so follow any guidance it may provide.
Use the services of an architect when considering any new building or alteration work. An architect, particularly one with experience in designing in Conservation Areas, should be able to realise the development potential of your site whilst proposing a design which enhances both the character of your property and the Conservation Area. Unsympathetic and inappropriate design proposals in a Conservation Area are likely to result in a refusal of planning permission.
Identify potential improvement schemes and inform the Council of your ideas. You may also like to draw the attention of friends and neighbours to this information.
Pay particular regard to the maintenance of your property.
Ensure that works carried out to trees have been properly authorised.
Further advice
For further advice please contact Heritage Conservation Section , Planning Services Department.
