Commentary on Sections Part 4 — Conservation Areas Section 158 — Designating areas of special architectural or historic interest as conservation areas
595.Subsections (1) and (2) of section 158 require planning authorities to determine, from time to time, which parts of their areas should be designated as conservation areas and whether there should be revisions to existing conservation areas. If a planning authority considers that a part of its area is an area of special architectural or historic interest whose character or appearance it is desirable to preserve or enhance, the authority must designate the part as a conservation area (or extend an existing designation to include it). If the authority considers a part of its area that is currently designated no longer meets the criteria, it must cancel the designation or vary the designation to exclude the part.
596.In practice, conservation areas are created, varied or cancelled following a detailed appraisal process, though potential conservation areas may be identified in the course of other activity such as evidence gathering for a local development plan or in the development of a wider heritage strategy.
597.Subsections (3) to (5) of section 158 specify some procedural requirements which planning authorities must follow after designating, varying or cancelling designations.
598.Under subsection (6) of section 158, a designation as a conservation area is a local land charge. A local land charge will alert a purchaser to the fact that there are restrictions on the use of the land as a result of it being situated in a conservation area.