Trees in conservation areas
Section 69 of the Civic Amenities Act 1967 gives local authorities the power to designate conservation areas, to preserve or enhance the appearance or character of both built and natural. This designation affording trees statutory protection is supported in the Town and Country Planning Act 1990.
Requirements
A six-week written notice must be given to us for any intended tree works within a conservation area and must contain the following:
- location of tree(s) including sketch map
- details of the owner of the tree(s)
- works to be undertaken
- reason(s) for the works
Alternatively, you can download the tree works application form
It should be noted that it is not an offence to undertake work on a tree in a conservation area that is dead, dying or has become dangerous. However, the burden of proof that work is exempt from the need for prior notice because the condition of the tree(s) lies with the person carrying out the work. Anyone proposing to do work under this exemption is strongly advised to contact the tree officer for advice beforehand.
Decision making
We may decide that the proposed works are undesirable, in this situation a Tree Preservation Order (TPO) may be served, and normal conditions relating to Tree Preservation Orders will apply.
Penalties
Penalties for undertaking works to tree(s) within a conservation area within a six-week period are the same as those for undertaking unauthorised works to tree(s) covered by a Tree Preservation Order.
Planning conditions
Trees may be protected as part of the planning conditions of a proposed development. A comprehensive survey, plan and report should be submitted with an application In accordance with BS.5837:2005 - Trees in relation to construction.
The Local Planning Authority are responsible for the making of Tree Preservation Orders (TPOs) and the administration of applications to carry out works on trees protected by TPOs, trees in conservation areas and trees protected by a condition on a planning decision notice. If you have any queries regarding protected trees, including finding out if a tree is protected please contact us.
Tree Preservation Orders
Please see the information on Tree Preservation Orders page.
Frequently asked questions
Do I need permission for undertaking tree works?
If you are intending to undertake works on a tree protected by a Tree Preservation Order, consent must be gained from us by submitting an application form.
If you are intending to undertake works on trees within a Conservation Area, a six-week written notice must be given to us.
Please contact us if you are unsure.
What if a tree is dangerous - do I still need permission to do works on it?
If a tree is protected but is dead, dying or dangerous then the normal application process is waived. However, you must give us five days notice of your intentions to carry out work. Anyone who is unsure whether the tree is dangerous is advised to obtain advice from a professional arboriculturist. The onus is on the owner to prove to us that such work is required.
How do I find a reputable tree surgeon?
We do not keep an official list of tree surgeons to issue to members of the public. Anyone can advertise and call themselves a tree surgeon, therefore it is very difficult to determine if they are reputable and competent.
Applicants are advised to ask for:
- insurance details - any reputable operator will have public liability insurance
- if they have any qualifications, for example, National Diploma in Arboriculture or National Proficiency Test Council (NPTC) Certificates in chainsaw competence
- do they belong to a recognised professional body or Arboricultural Association, although this is not a guarantee of their work standard