Note: please read what follows in conjunction with the
Appraisal and Management Plan for Ethelburt Avenue (Bassett Green Estate) Conservation Area.
What is a Conservation Area and why does it matter?
A conservation area is a locality of special architectural or historic interest that merits preservation or enhancement. Conservation areas are covered by law and, for England and Wales, the current legislation is the Planning (Listed Buildings and Conservation Areas) Act 1990 (sections 69 and 70). Section 211 of the Town and Country Planning Act 1990 also requires an application to the local planning authority to carry out work on trees within a Conservation Area.Properties within a conservation area are subject to extra planning controls to protect the historic and architectural features that make it special. Because of these protective measures, people value conservation areas for their distinctiveness, visual appeal and historic character. The shared heritage often also promotes a sense of community and neighbourliness. Research by the London School of Economics and Historic England (available here) has found that these values are reflected in the prices of properties – they generally attract a premium of around 10% relative to properties outside an Area. Equally importantly, houses within conservation areas tend to appreciate in value more rapidly and their prices remain relatively stable in periods of economic uncertainty.
Generally, it’s permissible to carry out certain types of development to properties in England and Wales without the requirement for approval from the local planning authority, see. However, living in a conservation area limits this ‘permitted development’. This means that you will need to apply for planning permission for building modifications that elsewhere could be done without permission. The local planning authority may make what is called an “Article 4 Direction”, which further removes specific permitted development rights and requires a planning application to be made in those cases.
In 1988, Southampton City Council selected an area designed by the architect Herbert Collins and known as Ethelburt Avenue (Bassett Green Estate) as a conservation area. Four years later, they made an Article 4 Direction covering this conservation area. The properties included in the Estate and boundaries can be found here.
What are my responsibilities as a property owner in the Ethelburt Avenue (Bassett Green Estate) Conservation Area?
Changes to an individual property can have an impact on the overall character of the Estate in addition to affecting the desirability, and hence value, of the house in question and neighbouring properties. It’s therefore important that any modifications to a building’s exterior are carefully planned and implemented. Trees on the roads and in the gardens of the Estate can also affect its appearance. Therefore, work on trees above a certain size requires permission from Southampton City Council.What is the policy of HCEL on alterations?
HCEL’s policy on alterations can be found here and guidance on what is, and is not, permissible are given in the Appraisal and Management Plan for Ethelburt Avenue (Bassett Green Estate) Conservation Area. Please note that the aim is not to keep the Estate exactly as it was when it was first built. For example, it is possible to build an extension to a house in the Estate provided its design is in keeping with that of the original house. Similarly, energy efficiency measures are actively encouraged. However, any changes should not negatively affect the character of the conservation area and must follow the Guidelines set out in the Appraisal and Management Plan.I want to carry out work on the exterior of my property. Who do I approach first?
If the proposed work is maintenance or genuinely ‘like-for-like’ it can proceed directly. In all other cases, Herbert Collins Estates Ltd. should first be consulted (email: hcel@herbertcollins.co.uk). The Company has access to experts, can assess whether the proposed work complies with the guidelines in the Estate’s Appraisal & Management Plan and, where necessary, suggest modifications. Once permission has been granted by HCEL, the next step is to make a formal application to Planning at Southampton City Council. Details on how to make a Planning Application can be found here. This flowchart summarises the steps involved. Please note that trees above a certain size are also subject to planning permission. Customarily, applications to carry out tree work are sent directly to Southampton City Council.
Do like-for-like repairs or maintenance require planning permission?
The short answer is ‘no’. However, there is a danger that some people may be tempted to stretch the definition of ‘like-for-like’ to near breaking point. For example, replacing an original metal-framed window at the front or side of a property with a uPVC one would not generally be considered ‘like-for-like’ as it would markedly affect the appearance of the property. If in doubt, therefore, please contact Herbert Collins Estates Limited (HCEL) for guidance.What happens if I don’t comply with Conservation Area guidelines?
If HCEL believes a work proposal complies with the Guidelines in the Estate’s Appraisal and Management Plan it will issue a Letter of Consent. If, however, the proposed work does not comply, and is subsequently carried out without permission, then this will be placed on record and HCEL will be unable to issue a Letter of Consent. This might potentially create problems during conveyancing if the owner decides to sell the property.Enforcement of Conservation Area guidelines ultimately depends on the severity of the infringement and the resources and priorities of the local authority (in this case, Southampton City Council). Quite often, the Council will impose an Enforcement Order to ensure that work complies with Guidelines. Carrying out illegal works within a conservation area can have serious consequences. In the most extreme cases, it can be punished with a prison sentence of up to two years under Section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
As of 2012, in England and Wales penalties for cutting down or destroying a tree in a conservation area were upgraded to an unlimited fine (previously this was a fine of up to £20,000). The landowner can also be required to replace the tree that was removed. For less serious offences, the penalty is a fine of up to £2,500.