Council and councillors

Dave Trubshaw, Conservation Officer, Rutland County Council

30 minutes for presentation and questions

1)            CONSERVATION AREAS – David Trubshaw, Conservation Officer, Rutland County Council

Mr Trubshaw gave a presentation on Conservation Areas; a copy of which was available on the Rutland County Council website, attached to the agenda for this meeting. 

Key areas highlighted included:

•         Mr Trubshaw advised that Rutland County Council was required to designate as a conversation area:  “Any area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance”. (Statutory definition).  National Planning Policy Framework stated that the local authority should ensure that a conservation area justified its status because of its special architectural or historic interest. (Government policy)

•         There were 34 conservation areas in Rutland, dating back to 1970 with the newest being 2004.

•         Boundaries were decided through consultation between the County Council, Parish Council and residents to identify areas of special architectural or historic interest.

•         Some boundaries had been extended to include land important to the setting of the conservation area but the final decision rested with the County Council, as the local planning authority.

•         The Planning (Listed Buildings and Conservation Areas) Act 1990 Section 72 required that “special attention shall be paid in the exercise of planning functions to the desirability of preserving or enhancing the character or appearance of a conservation area”. 

•         That the Rutland Local Plan policies related to decision making.

•         That the Rutland Local Plan Site Allocations and Policies Development Plan was specific to conservation areas and areas adjoining.

•         That Rutland County Council was undertaking a review of conservation areas the aim of which was to define the special character and thereby aid planning decisions.  The reviews also provided the opportunity to review boundaries and measures needed to safeguard it, for example, Article 4 direction.

•         That planning controls within a conservation area were more stringent over new development, demolition and alterations.  Planning applications were also subject to extra publicity and with a new development consideration had to be given as to whether it preserved (“doing no harm”) or enhanced the area.  There was a presumption against demolition of building that made a positive contribution to character or appearance and that planning permission was required to demolish boundary walls or buildings of more than 115 cubic metres.  For alterations planning permission was required to clad buildings; to enlarge a house by an addition or alteration to the roof; to extend beyond the side wall of the original house; to extend by more than one storey beyond the rear wall of the original house, to install a satellite dish visible from a highway; and to display illuminated advertisements.  However, houses enjoyed “permitted development rights” and solar panels did not require consent.

•         That 6 weeks notice needed to be given of any proposal to cut down, lop, top or uproot a tree (exceptions were if it was dead, diseased or dying, less than 75mm in diameter 105 metres above the ground, or work was by statutory undertakers).

•         The Article 4(2) directions removed householder permitted development rights for alterations fronting the highway or open space and should be used only where necessary to protect amenity.

•         The information on conservation areas was available on the Rutland County Council website.

The following points were noted:

•         That Article 4 had been amended to include solar panels in Ashwell and Whitwell, following an appraisal. That there was no responsibility on an individual to preserve or protect a property or area. 

•         That the Conservation Officer attempts to comment on planning applications of buildings where there was likely to be a harmful impact; local knowledge was paramount when views were sought.

•         That the planning legislation allowed solar panels but listed buildings would need permission.  If not particularly prominent approval, was likely to be recommended.

•         The boundary of a conservation area could be reviewed through appraisal.  An appraisal would give the opportunity to suggest where land immediately next to the boundary where it affected the area should be included.

•         It was envisaged that where there was a neighbourhood plan that the appraisal of a conservation area could interlink with the plan to give coordination between the two.

•         With regard to unauthorised work on trees/hedges within a conservation area the Council had previously looked to take action where it appeared to have been deliberate.  If work undertaken was to a tree that was not particularly significant then the Council would not necessarily look to take action.

•         That Article 4s only applied to development that could be seen from the street or an area of open space.

The Chair thanked Mr Trubshaw for his presentation and advised the Forum that hard copies of the presentation were available from the clerk.