Historic Conservation in the UK - Legislation and Regulations - Case Study Example

Historic Conservation in the U.K Legislation and Regulations Introduction The village of Denham is located in Buckinghamshire, on the old Oxford Road four kilometers northeast of Uxbridge, approximately 600 meters north of the M40 and three kilometers east of the M25. A significant area of the village was first declared a conservation area in 1971. The boundaries of the Denham Conservation area were amended and updated by the South Bucks District Council on 31st March 2006. The following discussion will focus on the Denham Conservation Area. Initially, the Denham Conservation Area and the regulations governing it will be delineated, defined and described. Then the stakeholders in the Denham Conservation Area will be identified. Criteria for determining the effectiveness and impact of the regulations governing the area will then be considered. Subsequently, using the criteria defined the success, or lack thereof, of the regulations governing the Denham Conservation Area will be evaluated. Finally, the analysis will conclude with recommendations for how the instrument or its implementation might be improved, and identification of what more information is needed to provide a full evaluation. The Instrument The instrument under consideration is the South Bucks District Council, Denham Conservation Area Character Appraisal as it impacts on residents and property owners within the Conservation area. The Conservation Area was designated under the authority granted to local councils under the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9). It is part II of the act that deals with conservation areas: Designation of conservation areas. (1)Every local planning authority— (a)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 (b)shall designate those areas as conservation areas. (Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), Part II”.) On the basis of this national legislation the South Bucks District Council researched and designated the Denham Conservation Area. The research involved consultation with historic maps and parish records as well as surveys of the natural and build features of the area under consideration, examination of individual structures, and consideration of sight lines and other factors. Appendix I illustrates one of the historic maps that was used in the research process and Appendix II illustrates the boundaries of the conservation area and listed buildings within it. The South Bucks District Council publication, Conservation Areas: Guidance for Residents details the constraints imposed by the regulations that are applicable within the conservation area. “Conservation Area Consent is required for: Demolition of unlisted buildings with a volume of 115 cu. M. or more [and] demolition of boundary walls over a certain height.” (South Bucks District Council, 2009, n.p.) Additionally, there are rigorous regulations pertaining to exterior renovations and additions. “In Conservation Areas permitted development rights are more limited and planning permission is required for most developments, including: Rear extensions of more than one storey Side extensions Roof extensions Dormer windows Cladding (including rendering) the exterior of the property Chimneys, flues, soil and vent pipes on a principal or side elevation fronting a highway (this includes a public footpath) Buildings, enclosures, oil/gas containers or pools at the front or side of a property Satellite dishes on a chimney, wall or roof slope facing onto and visible from a road Solar panels but depending on their thickness and location. Please contact the Council for advice.” (South Bucks District Council, 2009, n.p.) Additionally, and unsurprisingly, all of the regulations that apply to buildings listed under the Planning (Listed Buildings and Conservation Areas) Act 1990 continue to apply to those specific structures. To ensure that the regulations governing the Denham Conservation Area were typical of local conservation regulations the policies in South Bucks were compared with those in Hampshire. The document entitled Listed Buildings and Conservation Areas prepared by the Hampshire County Council in 2002 is so similar to the regulations governing the Denham Conservation area that one is tempted to call it identical. (Listed Buildings and Conservation Areas, 2002, passim.) Clearly the regulations governing the Denham Conservation Area are typical of equivalent policies in other jurisdictions. The Stakeholders There are numerous stakeholders involved in the formulation and application of local regulations governing conservation areas. The most obvious are the property owners within the designated area. Their freehold rights are constrained by the regulations governing demolition, exterior renovations and additions to their property. However, it would be narrow minded to see them as the only stakeholders. The local council is a stakeholder in two senses. In the first place it is responsible for formulating the regulations and for enforcing them. On another level as the local governing body it has a stake in any and all developments and changes within its jurisdiction. In a similar sense the local population, including those not directly residing in, or owning property in, the conservation area are stakeholders as the future fate of the Denham Conservation Area affects them in numerous ways including aesthetic – the appearance – of their community and economically – they make work but not own property or reside in the area – and benefit economically if the conservation area attracts visitors to the region. Evidence of this is clearly provided by the consultations that preceded designation of the area that invited all residents to provide input into the proposed conservation area. (South Bucks District Council, 2009, p. 2) On a national level the government is a stakeholder, but one of limited conern, in that the local regulations governing the Denham Conservation Area and the Listed Buildings within it must be congruent with the national legislation embodied in the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9). On a similarly distant level national conservation , unified in the Joint Committee of the National Amenity Societies (JCNAS), they include the Georgian Group and The Society for the Preservation of Ancient Buildings among others. Also, UK companies specializing in conversation and restoration of architecturally significant building and trades such as thatchers, stone masons and others could be considered to be stakeholders. However, the tow largest stakeholders are clearly property owners and residents within the designated area and the South Bucks District Council responsible for forumlating and enforcing the policy. Criteria for Evaluation In simplest terms the principles of sustainable development – economic, social and environmental – provide a useful framework for evaluating the impacts of a conservation area. Currently, sustainable development is known in common parlance as the triple bottom line. Sustainable development achieves economic, social and environmental goals. The International Institute for Sustainable Development (IISD) defines it as “a concept that has emerged in recent years, based on the premise that development must meet the needs of the present generation without compromising the ability of future generations to meet their own needs.” (IISD) The economic appraisal of a conservation area can be based on two factors. The economic impact on the area in terms of increased traffic and sales for businesses in the area is the first criterion. The second would be the impact of designation on property values: Specifically, does property value increase because of the ambiance of the area and the cachet of designation or does it decrease because of the restrictions that listing a building or being in a conservation area imposes? The social criteria are amorphous and manifold. Do the residents and property owners within the conservation area experience an improved quality of life as a result of the areas designation? Does the crime rate decline (or increase) in the wake of designation as a conservation area? Does it have an effect on voter participation and turnout at the polls during elections? Does conservation contribute to a greater sense of place amongst residents of South Bucks? Does it enhance recognition and understanding of history and heritage throughout South Bucks? The potential environmental impacts are also manifold but difficult to assess. Is the use of recycled materials increased or decreased in a conservation area? How does designation impact on renovations designed to improve energy efficiency? Does designation reduce or increase the carbon footprint of the area? Additional criteria would relate to the direct effectiveness of the regulations. Do they work to preserve listed buildings and the historical atmosphere and appearance of the area? Has it achieved its goal to maintain “its appearance and character as an archetypal English village? Evaluation These many and varied questions can be presented most efficaciously in a chart as they are in Appendix I. The most glaring fact that the chart reveals is that very few metrics have been developed and applied to determine the effectiveness of conservation areas. Visually it is apparent in the South Denham Conservation Area, based on a tour, that the historical character of the area has been well preserved. It is plainly evident that the plan gave attention to the preservation of natural features such as trees and hedgerows as well as built structures. The attention to sight lines is also evident as one enjoys the pleasant vistas in the area. However, beyond this single point the metrics for evaluation of its broader impacts seem to have been never undertaken. This is a dangerous indictment of conservation areas. Simply put, they certainly look nice but it is impossible to determine their impacts as they have not been measured, or for that matter, even defined in terms of the criteria of sustainable development. Consequently, a significant section of the recommendations section will have to address this dearth of evidence for the evaluation of the effects, positive or negative, of designating conservation areas. Recommendations In 2000, when newly appointed Chair of Heritage England, Sir Neil Cossans, was interviewed by Tony Aldous he talked about the importance of conservation areas, the potential for public/private partnerships and the need to develop new revenue streams and metrics to measure the success of heritage programs of all types (Aldous, 2000, p. 19) Unfortunately, in the decade since it seems that nothing has been done to recognize and move towards these goals in the context of conservation areas. The websites of the Department of Communities and Local Government (DCLG), the Department for Culture, Media and Sports (DCMS), the International Institute for Sustainable Development (IISD) and Historic Environment Local Management (HELM) contain no quantitative analysis of conservation areas. It is virtually impossible to make recommendations about improving or altering the regulations governing conservation areas because no meaningful data has been collected evaluating their impacts. Therefore, these recommendations will focus on ways and means to collect that data. While there are many dangers in survey methods that rely on self-reporting a data set needs to compiled identifying what the residents and property owners in the Denham Conservation Area feel about the program and its impacts. This would provide initial information into the social impacts of the conservation area. This could then be supplemented with quantitative data relating to voter participation patterns, crime rates and other social indicators. Economic data could come from various sources. The impact on businesses within the area could be compiled through interviews with business owners and operators within the conservation area. Has the pub trade increased, reversing the national trend? Have new specialty shops opened and flourished? Quantitative data could supplement this data. Bianchini and Ghilardi (2007) have provided a detailed model for developing and assessing place branding research of this nature needs to be conducted into the branding impacts and potential impacts of designation as a conservation area. In terms of property values real estate agents and local owners could be interviewed. Careful analysis of property tax records and assessments for the area would also be useful. Analysis of the environmental impacts of conservation areas can also be gathered from a variety of sources. Ideally, a complete energy assessment of all buildings in the area, or at least listed buildings should be conducted. This would provide a wealth of valuable data. Also, owners who have renovated or added on, owners who have attempted to undertaken energy efficiency increasing renovations need to be interviewed, along with the contractors involved in these projects. It is doubtful that any other public policy has been pursued, and pursued to public acclaim, that can offer so little data to justify itself. This is a pressing problem that needs to be addressed immediately. Merely noting that a conservation area is aesthetically appealing is nice, but entirely inadequate. Appendices Appendix I: Evaluation of the Impacts of the Denham Conservation Area Criteria Evidence Required Analysis Grade Effectiveness Visual Evaluation B+ Economic Impact on Business Survey of local business owners Unknown Economic Impact on Property Values Detailed analysis of the real estate market and property assessments Unknown Social: Quality of Life Based on visual evaluation with particular attention to Greenspace Survey of Residents A Crime Rate Interviews with local constabulary and detailed analysis of crime statistics. Unknown Voter Participation Survey of Residents. Analysis fo voting data if it can be tied specifically to polling areas encompassing the conservation area alone Unknown Sense of Place Survey of Residents Unknown Awareness of History and Heritage Survey of Residents Unknown Recycled Materials Analysis of Building Permits issued and interviews with residents and contractors involved in the work Unknown Energy Efficiency Analysis of Building Permits issued and interviews with residents and contractors involved in the work Unknown Carbon Footprint Analysis of Building Permits issued and interviews with residents and contractors involved in the work Unknown Appendix II: 1783 Parish Map Appendix III: Conservation Area and Listed Buildings References Aldous, Tony. (2000). "The Iron Giant". History Today 50 (4) pp. 18-19. Bianchini, Franco, and Lia Ghilardi. (2007). "Thinking culturally about place." Place Branding and Public Diplomacy 3 (4) pp. 280-284. Department of Communities and Local Government (DCLG). [Online] Available at http://www.communities.gov.uk/communities/?view=Gsearch+results&previous=true&passedTerm=heritage&passedExclusions=¤tPageNumber=2&resultsPerPage=20&quickSearch=true&sites=all+sites&contentTypes=publications. [Accessed 20 November 2010] Department for Culture, Media and Sports (DCMS). [Online] http://www.culture.gov.uk/ Available at [Accessed 20 November 2010] Historic Environment Local Management (HELM). [Online]. Available at http://www.helm.org.uk/. [Accessed 13 November 2010] International Institute for Sustainable Development (IISD). “Sustainable Development”. [Online]. Available at http://www.iisd.org/sd/glossary.aspx. [Accessed 12 November 2010] Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9). London: HMSO.[Online]. Available at http://www.legislation.gov.uk/ukpga/1990/9/contents. [Accessed 1 November 2010] Hampshire County Council. (2002). Listed Buildings and Conservation Areas.[Online]. Available at http://www3.hants.gov.uk/listed_buildings.pdf. [Accessed 1 November 2010] South Bucks District Council. (2009) Conservation Areas: Guidance for Residents. [Online]. Available at http://www.southbucks.gov.uk/includes/documents/cm_docs/2009/g/guidance_for_residents.pdf. [Accessed 1 November 2010] South Bucks District Council. (2008). Denham Conservation Area Character Appraisal.[Online]. Available at http://www.southbucks.gov.uk/includes/documents/cm_docs/2009/s/september_2008.pdf.[Accessed 1 November 2010] Read More