What Does A Conservation Area Entail?
A conservation area will have tighter restrictions for development and exterior alterations. An area can be under conservation area control due to historic road patterns and plots, characteristic building materials, green spaces, trees, street furniture and distinctive views.
Therefore, if you are within a conservation area and you’re planning to carry out groundworks, you must consider planning stipulations before starting any work. Choosing to go ahead with any work without prior approval can lead to various consequences. For example, it is a legal offence to cut, prune, or destroy trees in a conservation area without informing the council.
Here at Wilsons Groundworks, we are a leading groundworks contractor in Bristol. We’ve been carrying out groundworks across the city for many years and have experience in a variety of building and civil engineering projects. With a deep understanding of the local area, we’ll be able to ensure that your project is completed to the highest standards with all of the advice you need.
Planning Permissions
Groundworks are generally allowed in conservation areas, but they are subject to stricter planning controls, and in some cases, greater restrictions.
Many conservation areas have an Article 4 Direction. While all conservation areas are subject to stricter planning controls than normal areas, Article 4 directions are applied by local councils only where necessary to protect the area’s special characteristics.
An Article 4 Direction removes permitted development rights. This, therefore, means that property owners must submit a planning application for changes that would otherwise not require permission. This includes small-scale alterations, extensions, and changes of use.
When it comes to groundworks, Article 4 Direction often includes creating hard standings, removing or altering boundary walls, gates or fences, and making exterior improvements.
Things You Must Consider When Carrying Out Groundworks on Conservation Areas
Trees
Trees in conservation areas are automatically protected, even if they don’t have a specific Tree Protection Order. This is under a Section 211 Notice of the Town and Country Planning Act 1990.
If you are working within a conservation area, you must give the council 6 weeks’ notice before carrying out any work that might affect a tree, with a Section 211 Notice. This includes pruning, felling, lopping, topping and cutting the roots of trees within the conservation area. This gives the Bristol City Council notice to assess the tree.
There is a 5-working-day notice exception for dead or dangerous trees.
Trees with a trunk diameter of less than 75mm at 1.5m above ground level are not protected and don’t require notice.
Failure to notify the council can lead to up to a conviction. If convicted, you may be fined up to £20,000 in the Magistrates’ Court for each tree, and you will be required to replace any tree removed without permission. Serious cases may be tried in the Crown Court, where fines are unlimited.
As the heavy machinery used during the groundworks process is driven around the site, the weight can damage the tree’s roots and kill trees indirectly through soil compaction. You may be required to establish a Root Protection Area. This is a Construction Exclusion Zone, a fenced-off area surrounding the tree, calculated to prevent soil compaction, root severing and level changes during groundworks and construction.
Gates, Fences, Walls and Railings
Boundary walls, fences, gates and railings are all considered vital to the area’s historical character.
In a conservation area, you will generally need planning permission to demolish any boundary feature that is:
- Over 1 metre high if it adjoins a highway (including a road, public footpath, or bridleway), a waterway or an open space,
- Over 2 metres high if it is located elsewhere on the property.
Demolition includes removing even a section of a wall, for example, to create a new driveway entrance, and consent is normally required even when you intend to rebuild. Some Bristol conservation areas are also covered by Article 4 Directions, which may remove permitted development rights to erect or alter boundaries, so it’s worth checking your property’s status with Bristol City Council before starting work.
Materials and Drainage
When undertaking work in a conservation area, expectations on materials and external detailing are set out in the Conservation Area Character Appraisal for the area. Bristol has 33 conservation areas, each with its own appraisal describing the local character that planning decisions must preserve or enhance. Decisions on development in these areas are guided by the Planning (Listed Buildings and Conservation Areas) Act 1990, section 16 of the National Planning Policy Framework, and the Bristol Local Plan. Where the appraisal identifies traditional or locally distinctive features and materials as part of that character, proposals using non-traditional materials are likely to be restricted or refused where they would harm the area’s character.
In conservation areas, there are stricter planning controls than in other parts of the city. Therefore, planning permission may be required for development that would otherwise fall under permitted development rights.
Laying hard surfaces such as driveways or patios can require planning permission, particularly where non-permeable materials are used or where the works would affect the character of the conservation area. For any major work in a conservation area, Bristol City Council recommends making a pre-application enquiry so that a planning officer can visit the site and provide a formal view before an application is submitted. Engaging with the Local Planning Authority and the conservation officer at this early stage is strongly encouraged, because it may be a criminal offence to demolish or carry out work to a building or tree in a conservation area without the necessary permission.
Demolition
Archeology
Bristol is a historic city, with evidence of the past running deep underground. Many of the conservation areas in Bristol, such as City Docks and Old Market, overlap with Areas of Archaeological Significance.
Therefore, for larger excavations and groundworks projects, Bristol City Council may require an archaeological watching brief. This is a planning-mandated, monitoring process conducted during construction or groundworks to identify and record unexpected archaeological features. An archaeologist will be present during the digging, including ground reductions, pile boring and trenching, to record any finds.
Failure to account for this puts you at risk of bringing the project to a halt for weeks.
Knowing where you stand regarding planning permission is vital if you are planning a groundworks project. If you are unsure about the permissions you need, working with a professional groundworks contractor for further advice will give you peace of mind that everything you do is in line with the latest regulations.