Commentary on Sections Part 4: Additional Planning Control. Section 104: Conservation areas
This section sets out the procedures whereby a council can designate areas within its district which it considers of special architectural or historic interest with the objective to preserve or enhance their character or appearance.  The section also enables the Department to designate a conservation area but it must consult with the relevant council before doing so.  A council or the Department must pay special regard to enhancing the character or appearance of these areas where the opportunity to do so arises.  This amendment is the Department’s response to the High Court case of South Lakeland District Council v Secretary of State for the Environment and Carlisle Diocesan Parsonages Board [1992] 2 WLR 204.