Conservation Area Designation

The emphasis within conservation areas is on ensuring local character is strengthened, not diminished, by change. Sensitive management of change is essential rather than no change at all, and applications for planning permission must still be determined on their planning merits.

Section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 imposes a duty on local planning authorities to designate as conservation areas any ‘areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance’. Section 69 also requires authorities to review their Areas from time to time to see if further designation or alteration to existing designations is necessary.

English Heritage’s Understanding Place: Conservation Area Designation, Appraisal and Management gives advice and guidance on the designation of conservation areas, the writing of appraisal documents and the establishment of management plans. Appraisal documents (within which the special character of the area has been identified and defined) can be used to develop a policy framework for planning decisions.

The adopted Planning Policy documents for the Island contain sections relating to development within such areas. The controls that come about when a Conservation Area is designated mean that consent is required for the demolition of buildings, and that works to trees must be notified in advance. Where proposals include the demolition of a building, then that demolition has to be justified both in terms of why the building can’t be kept, and how good the replacement building will be. Prior notification of works to trees allows the Council to put a TPO in place if the tree(s) in question is of sufficient quality and importance to the area. Where new development or change to existing buildings is proposed within or adjacent to the Area, it means that care must be taken to ensure that new work will either preserve or enhance the special character of the area.

Designation does not mean that development cannot take place, either within the area or within its setting, but that special consideration is required to ensure that any demolition is justified, and that schemes which are acceptable on all other planning grounds are of a suitable design and high enough standard to preserve or enhance the character or appearance of the area. This additional level of consideration allows Members to insist upon the best possible standards of design for the Islands new developments, and allows them to refuse the poor and mediocre with confidence.

The legislation also makes provision for schemes to enhance the Area, so the inclusion of areas of potential (and those identified as negative elements) allow for schemes to be put forward which will improve the Area to a high standard and in keeping with its own individual character (briefly identified herein as positive elements).

The Council also has the opportunity to consider the use of legislation to protect the character and appearance of conservation areas by requiring applications for certain specified changes to properties which, outside these areas, would be Permitted Development. Listed buildings remain subject to control and the need for listed building consent is unchanged. The legislation is known as an Article 4 Direction and can relate to instances such as the replacement of windows and the removal of boundary walls. As these items can have a huge impact on an area, it may be appropriate to provide added protection for certain items in certain areas.

For detailed information on policies, legal background and national advice, please refer to

The Isle of Wight Unitary Development Plan (saved policy B7)
Planning (Listed Buildings and Conservation Areas) Act 1990
Planning Policy Statement 5 – Planning for the Historic Environment
English Heritage Guidance - website