Trees in Conservation Areas
Conservation areas are defined as "areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance". Trees often make an important contribution to the special character of such areas.
Contents
Notification
Trees in conservation areas may be protected by Tree Preservation Orders (TPOs) but where they are not, there is a duty to give the Local Planning Authority six weeks notice in writing before carrying out any work.
This is not an application for consent and the Council cannot refuse or impose conditions on the work. The purpose of notification is to give the opportunity to consider whether a TPO should be made. If no order is made within six weeks the work can proceed. We will normally respond in writing within six weeks even if we do not propose to make an order.
The Council has a standard notification form, but there is no obligation to use it and we will accept any written notification as long as it clearly specifies the trees involved and the extent of the proposed work, this should include a simple sketch plan identifying the location of the tree.
Exemptions
Notification is not necessary for trees having a stem diameter less than 75mm, measured at 1.5m above ground level, or 100mm for thinning operations to benefit the growth of other trees.
Other exemptions from the need to notify are similar to those which apply to works to trees protected by a TPO which may be carried out without consent. There is an obligation to replant a tree which is removed in these circumstances.
Penalties
Penalties for non compliance are similar to those which apply to TPOs.
Wildlife
When planning any work to trees or hedgerows it should be remembered that they often support wildlife, particularly birds and bats, which are protected by law especially when they are breeding or raising young. Further advice is available from Natural England.
Documents to download
- Application for work to trees under a TPO
- Notification of work to trees in conservation areas
- TPO application form - guidance notes
- Protected Trees: A Guide to Tree Preservation Procedures
- Example of a planting plan