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.
Notice is not an application for consent, so the authority cannot refuse consent; or grant consent subject to conditions, they may only:
- 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.
A section 211 notice is not required for:
- 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.
The diameter of the tree should be measured over the bark of the tree at 1.5 metres above ground level.
These exemptions do not apply where a tree has more than one stem at a point 1.5 metres above ground level if any stem when measured over its bark at that point exceeds the relevant minimum.
 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.
Described as ‘invaluable for anyone involved in planning, creating or changing places’, it includes a contribution from IHBC President David McDonald on the historic environment.
£10 off for IHBC members at RTPI NE on ‘Heritage Matters’, in Newcastle, 5 July at which IHBC North Branch Chair Jules Brown will speak on ‘Conservation Areas: 50 and beyond’.
Innovate UK seeks applications for £5m for innovation in ‘infrastructure systems for a better world’ – opens 10 July 2017.
The Awards aim to find those groups and individuals who have played a special part in caring for, recording and celebrating the nation’s historic environment.
Lichfields’ most recent insight ‘Rural estates: economic benefits of rural tourism’, details findings underpinning the case that ‘Planning is key to unlock the value in rural estates’.
On 17 May the National Trust (NT) was awarded a one-off Special Recognition Award at the prestigious Museums Heritage Awards for Excellence.
Campaigners have been granted permission to appeal against the decision to allow fracking in Lancashire.
Building reports that Grosvenor Britain & Ireland has unveiled its £500m masterplan for 1,500 new rental homes in Bermondsey in South East London.
Titanic Belfast and the Odyssey Pavilion are both set to undergo fresh expansion according to new plans reported on by the Belfast Telegraph.