Pay heed to Moray Council's conservation areas

A MORAY Councillor wants people thinking of moving to Forres to recognise the local property conservation rules.

George Alexander (Forres, Independent) raised the issue during his last round-up at Forres Community Council and called for anyone already living in the designated town centre area to be aware of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

He said: "The conservation area in Forres needs to be highlighted due to the effect it can have on any development ambitions. I would have to give careful consideration to the rules applied to any conservation area before I would consider buying a property in any such area."

Planning controls are stronger in designated conservation areas and the legislation is complex. Listed building consent is required for demolition of structures. Demolition of listed buildings in a conservation area is unlikely to be granted without proposals for replacements or building redevelopment. Where a structure makes a positive contribution to the character or appearance of a conservation area or is listed, the local authority is unlikely to give permission for its demolition.

The limits of permitted development - those not requiring planning permission - within conservation areas are lower to protect the character and appearance of the area. Minor works such as window and door replacement, external painting and stone cleaning, erection of fences, gates and porches, and extensions require planning permission.

Work which requires planning permission must be of a high standard appropriate to its surroundings. Planning legislation requires Moray Council to consider whether the proposed development preserves or enhances the special character of the conservation area. Work to buildings will be expected to use traditional materials. New design must acknowledge its special context in terms of its scale, form, siting, alignment, materials and landscaping.

In a designated conservation area, it is an offence for any person to cut, lop, top, uproot, wilfully damage or destroy any tree, unless six weeks’ notice has been given to the council’s planning. The owner of the tree must submit a tree work notice application and await written consent, giving the council time to consider making a tree preservation order for trees which are seen as giving amenity value to the community.

In 2013, Moray Council accepted the Forres Conservation Area Character Appraisal and Management Plan, commissioned jointly by the Forres Conservation Area Working Group.

At the time, the team's leader, charted architect and heritage consultant Andrew Wright, said: "Management plans give valuable assistance to owners over the care of their properties and on how to avoid undertaking repairs that are damaging to the fabric of traditional buildings in the longer term.

"Advice is given on how to extend properties sensitively without harming those distinctive characteristics that make a historic burgh such as Forres so special, and appreciated by those who visit."

Cllr Alexander still appreciates the documents used by the local authority but also advocates common sense when considering planning applications.

He said: "I recognise the value of conservation of our built heritage and I am part of the council that agreed the present rules. However, I do think that there are occasions where there needs to be some flexibility in their application.

"The main issue that I have come across is that of window replacement. There have been a number of cases where planners have insisted on wooden sash windows whereas the applicant has wished to replace with PVC windows. Some applicants have even gone so far as to ignore the planning regulations and this has resulted in an order being put in place to have the PVC windows removed."

He added: "There have been many cases of development being permitted on properties within a conservation area but it is important that applicants discuss with planning officers first before charging ahead with changes."