Emyr Pierce

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Demolition quandry in a Conservation Area

I own a property in a Conservation Area which has an original outside toilet at the bottom of the garden which has been used for years as a store shed. It is in a very dilapidated state and a danger to my children. I want to demolish it but have I got to get permission to do this?

Conservation Area consent will not be required for such a demolition as it is not usually necessary to obtain Conservation Area consent for the demolition of any building smaller than a double garage. An outside toilet would obviously be a lot smaller than a double garage and accordingly no consent is required to demolish it.

There are, however, exceptions to this rule. If there was a lane leading to it and the back boundary wall could be affected the Local Authority would need to investigate as to whether a separate form of consent would be required under the Planning, Listed Buildings and Conservation Act 1990.

If it was a Listed Building and the outhouse was built at the same time as the main building, or pre 1948, the Local Authority would need to investigate further as to whether consent would be required.

Buyer, spare that tree!

I am interested in a house which is in a Conservation Area and which has a large tree in its front garden, the subject of a Tree Preservation Order. My Surveyor says it is too close to the house. Could I remove it and plant a smaller tree in its place?

You must not do anything to the tree until you have the necessary consent of the local authority. It is an offence to cut down, top, lop, uproot wilfully damage or wilfully destroy a tree without the planning authority’s permission.

There are strict procedures laid down and plenty of literature available. Please see the “Guide to Tree Preservation Procedures” issued by the Welsh Assembly Government and which is available online.

The owner remains responsible for the trees, their condition and any damage they may cause. However, the planning authority’s permission is required before carrying out work on them, unless they are dying, dead or dangerous.

If the tree is causing structural damage then the evidence of your surveyor may result in the planning authority agreeing to its removal with conditions as to the replanting of a suitable replacement.