Trees in conservation areas
Trees in conservation areas that are protected by tree preservation orders (TPO’s) are subject to the normal controls for any tree with a TPO. This prohibits the cutting down, topping, lopping, uprooting, willful damage to or willful destruction of protected trees.
Trees in a conservation area that are not protected by a TPO are protected by provisions in section 211 of the Town and Country Planning Act 1990. This requires that the local planning authority is notified of certain work on such trees using a section 211 notice, six weeks before the work is carried out. This gives the local planning authority time to consider whether to make a TPO on the tree.
- Make a TPO if it is justified in the interests of amenity.
- Not to make a TPO and inform the notifier that the work can go ahead.
- Not to make a TPO and allow the six-week notice period to end, after which the work can go agead.
Carrying out work without notice is an offence which can result in a fine of up to a £20,000. For a serious offence, a person can be committed for trial in the Crown Court and if convicted, can be liable to an unlimited fine. In any case, the landowner has a duty to plant another tree of an appropriate size and species at the same place as soon as they reasonably can.
- Cutting down, topping, lopping or uprooting a tree whose diameter does not exceed 75mm.
- Cutting down or uprooting of a tree, whose diameter does not exceed 100 millimetres, for the sole purpose of improving the growth of other trees.
 Find out more
 Related articles on Designing Buildings Wiki
- Ancient woodland.
- Chain of custody.
- Civic Amenities Act.
- Conservation area.
- Designated areas.
- Definition of tree for planning purposes.
- Ecological survey.
- Forest ownership.
- Green belt.
- Landscape architect.
- Landscape officer.
- Listed buildings.
- Permission for felling or lopping a tree.
- Protected species.
- Sites of Special Scientific Interest.
- The benefits of urban trees.
- The history of conservation areas.
- Tree hazard survey.
- Tree preservation order.
- Tree rights.
- Tree root subsidence.
IHBC’s Policy Chair Roy Lewis notes the award of costs against Lambeth Council in a recent appeal which emphasises the importance of doing site visits!
Historic England has launched the programme for projects running for 1 year max with a deadline for submitting grant applications 4/11/18 and funding to begin from 1/04/19.