Town and Country Amenities Act 1974

1 Conservation areas in England and Wales

(1) For section 277 of the [1971 c. 78.] Town and Country Planning Act 1971 there shall be substituted the following sections:—

“277 Designation of conservation areas.

(1) Every local planning authority shall from time to time determine which parts of their area are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and shall designate such areas as conservation areas.

(2) It shall be the duty of a local planning authority, within such period as the Secretary of State may from time to time direct, to review the past exercise of functions under this section and to determine whether any parts or any further parts of their area should be designated as conservation areas ; and, if they so determine, they shall designate those parts accordingly.

(3) A direction under subsection (2) above may be given either to an individual authority or to authorities generally, but before giving a direction to an individual authority the Secretary of State shall consult with the authority about the proposed direction.

(4) The Secretary of State may from time to time, after consultation with a local planning authority, determine that any part of the authority's area which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if he so determines, he may designate that part as a conservation area.

(5) Before making a determination under this section—

(a) the council of a London borough shall consult the Greater London Council;

(b) a district planning authority shall consult the council of the county in which their area is comprised; and

(c) the Greater London Council and a county planning authority shall respectively consult the council of each London borough or district of which any part is included in the area to which the proposed determination relates.

(6) A local planning authority shall give notice to the Secretary of State of the designation of any part of their area as a conservation area under subsection (1) or (2) above, and of any variation or cancellation of any such designation, and the Secretary of State shall give notice to a local planning authority of the designation of any part of their area as a conservation area under subsection (4) above, and of any variation or cancellation of any such designation ; and a notice under this subsection shall contain sufficient particulars to identify the area affected.

(7) Notice of any such designation, variation or cancellation as is mentioned in subsection (6) above, with particulars of its effect, shall be published in the London Gazette and in at least one newspaper circulating in the area of the local planning authority, by that authority or, as the case may be, the Secretary of State.

(8) Where any area is for the time being designated as a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in that area, of any powers under this Act, Part I of the [1953 c. 49.] Historic Buildings and Ancient Monuments Act 1953 or the [1962 c. 36.] Local Authorities (Historic Buildings) Act 1962.

(9) The designation of any area as a conservation area shall be registered in the register of local land charges, in such manner as may be prescribed by rules made under section 19 of the [1925 c. 22.] Land Charges Act 1925, by the proper officer of the council of the district or London borough in which the area is situated.

(10) The functions of a local planning authority under this section shall be exercisable—

(a) in Greater London, by the Greater London Council and also, in relation to a London borough, by the council of that borough;

(b) in a National Park, by the county planning authority;

(c) elsewhere, by the district planning authority;

but outside a National Park a county planning authority shall also have power to make determinations and designations under this section.

277A Control of demolition in conservation areas.

(1) This section applies to all buildings in conservation areas other than—

(a) listed buildings;

(b) excepted buildings within the meaning of section 58(2) above ; and

(c) buildings in relation to which a direction under subsection (4) below is for the time being in force.

(2) A building to which this section applies shall not be demolished without the consent of the appropriate authority.

(3) An application for consent to the demolition of such a building may be made as a separate application or as part of an application for planning permission to redevelop the site of the building, but consent to demolition shall not be taken to have been given as part of planning permission for redevelopment of the site unless the appropriate authority, on granting the planning permission, states that it includes consent to demolish the building.

(4) The Secretary of State may direct that this section shall not apply to a description of buildings specified in the direction or to an individual building so specified.

(5) A direction under subsection (4) above relating to a description of buildings may be given either to an individual local planning authority or to local planning authorities generally.

(6) The Secretary of State may vary or revoke a direction under subsection (4) above by a further direction under that subsection.

(7) The appropriate authority for the purposes of this section is—

(a) in relation to applications for consent made by local planning authorities, the Secretary of State; and

(b) in relation to other applications for consent, the local planning authority or the Secretary of State.

(8) The following provisions of this Act, namely—

• section 55,

• section 56(3), (5) and (6),

• sections 96 to 99,

• section 172,

• section 190,

• section 266(1)(b),

• paragraph 2 of Schedule 3,

• Parts I and II of Schedule 11,

• and Schedule 19,

shall have effect in relation to buildings to which this section applies as they have effect in relation to listed buildings ; but regulations may provide that they shall have effect in relation to buildings to which this section applies subject to such exceptions and modifications as may be prescribed.

(9) Any such regulations may make different provision—

(a) in relation to applications made by local planning authorities, and

(b) in relation to other applications.

(10) Any proceedings on or arising out of an application for listed building consent made while this section applies to a building shall lapse when it ceases to apply to it, and any listed building consent granted with respect to the building shall also lapse; but the fact that this section has ceased to apply to a building shall not affect the liability of any person to be prosecuted and punished for an offence under section 55 or 98 of this Act committed by him with respect to the building while this section applied to it.

(11) The functions of a local planning authority under this section shall be exercisable—

(a) in Greater London, by the Greater London Council and also, in relation to a London borough, by the council of that borough;

(b) in a National Park, by the county planning authority; and

(c) elsewhere, by the county planning authority and the district planning authority.

277B Formulation and publication of proposals for preservation and enhancement of conservation areas.

(1) It shall be the duty of a local planning authority to formulate and publish, within such period as may from time to time be directed by the Secretary of State, proposals for the preservation and enhancement of any parts of their area which are conservation areas.

(2) Proposals under this section shall be submitted for consideration to a public meeting in the area to which they relate; and the local planning authority shall have regard to any views concerning the proposals expressed by persons attending the meeting.

(3) A direction under subsection (1) above may be given either to an individual local planning authority or to local planning authorities generally.”.

(2) A local planning authority any part of whose area is a conservation area on the date when this section comes into force shall publish in at least one newspaper circulating in their area, within a reasonable period after that date, notice of the extended controls on the demolition of buildings imposed by section 277A of the [1971 c. 78.] Town and Country Planning Act 1971, and any such notice shall give sufficient particulars to identify the part of their area subject to those controls.