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Trees in Conservation Areas

Trees are an essential element to the established character of an area and are included within the Conservation Area regulations.

A Conservation Area is designated primarily because it is an area of special architectural and historical interest the character of which is desirable to preserve. Trees are an essential element to the established character of such areas and because of this they are included within the Conservation Area regulations (with certain exceptions).

If you want to undertake works to tree in a Conservation Area you must give us six weeks’ notice in writing. This is called a section 211 notification. You must not carry out any work during that period without permission.

Tree work application form 

You do not need permission if you want to work on trees (saplings) less than 7.5cm in diameter (measured at 1.5m off the ground). However, ensure that the saplings are not subject to a Tree Preservation Order. If you are in doubt contact the Trees & Landscape Officer.

There are exceptions to the regulations such as dead, dying or dangerous trees but you are advised to give us five day’s notice before you cut down a protected tree. This is in your interest – you could be prosecuted if the we think you have carried out unauthorised works.

You must give us six weeks written notification of your intent to work on tree(s) in a Conservation Area unless:

• The tree is dead, dying or dangerous. The danger must be present and the onus will be on you to prove that this is the case. You are advised to give us at least 5 days notice in advance so that we can agree with you which trees are dead or dangerous. This is in your interest - you could be prosecuted if we think you have carried out unauthorised works. Removal of dead wood from an otherwise healthy tree is considered to be covered by this exemption. 
  
• You are obliged to carry out work by an Act of Parliament. Most commonly, this applies to trees that overhang a public road where you have an obligation to maintain reasonable clearance of the road. This usually means 2.5m above a footway or 5.5m above a vehicular carriageway. 
  
• The work is absolutely necessary in order to implement a detailed planning permission. Note that this does not apply to outline planning permission or to permitted development rights. 
  
• The tree is a fruit tree and you prune it in accordance with good horticultural practice, or if the tree is a fruit tree situated in a commercial orchard. 
  
• The work is to be carried out in accordance with a Forestry Commission grant scheme or if a felling licence has been granted by the Forestry Commission. 
  
• It is to prevent or control a legal nuisance (this is 'nuisance' in the legal sense and not in the ordinary sense) - contact your solicitor for further advice on this particular issue.

If you deliberately destroy a tree, or damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in the Magistrates' Court. In determining the amount of the fine, the Courts will take into account any financial benefit arising from the offence. For other offences you could be fined up to £2,500.

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You can seek the advice of the Tree & Landscape Officer before making a tree work notification, but it is important to note that this is a discretionary service subject to time & resource constraints. 

You can get advice from a reputable tree work contractor and/or a consultant.

Submitting a Tree Work Notification

The function of the Conservation Area regulations in relation to trees is simply to delay works for a maximum period of six weeks from the date we receive your notification. This allows a consultation period to take place.

We can properly consider the notification and assess the impact of such works on the character of the area. We also consult local elected members, Town & Parish Council’s and the wider public.

If we cannot agree with the proposed works, the only option available is for us to impose a Tree Preservation Order. For a tree(s) to qualify for a TPO it must fulfil various strict criteria before it can be considered.

If on the other hand, the works are considered to be acceptable, we will write to you to let you know before the end of the six-week consultation period.

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