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.
Historic England has issued the latest figures collated by the IHBC and ALGAO which highlights ongoing reductions in capacity even as workload continues to grow.
As supporters of the initiative they welcomed its launch conference – ‘How can BIM help to understand and preserve the historic environment?’ – held at the Royal Academy.
Sean McEntee sheds light on the need to balance conservation and urbanism in current Context 150 - ‘Conservation and urbanism’.
The Architects Registration Board’s pre-consultation review of its ‘Criteria’ and ‘Procedures’ for its ‘Prescription of Qualifications’ closes at midnight on 2 October.
Merging two flats allowed as, despite policy conflict, the ‘substantial benefits arising from the enhancement of the listed building’ carried more weight.
c. Vic Soc
All of the Victorian and Edwardian buildings and structures on this year's list have been neglected for up to fifty years and have now reached a critical point of dereliction.
Research on the role of culture, sport and heritage assets and investment in positive economic and social outcomes at the local level concludes they are important influencers.
The national Scheme to improve the image of the construction industry – has reached a major milestone in UK construction history by registering its 100,000th site.
The Society highlights that one of the oldest hospital buildings in the country is under threat of total demolition as part of controversial plans for a large-scale student development.
Stow Maries Great War Aerodrome, near Maldon in Essex, will be transformed into a major visitor attraction, thanks to National Lottery funding.
The redevelopment of Bracknell town centre involved the demolition of the town’s (big) ‘Brutalist’ centre but the ‘refurbishment’ of the (small) 15th century Bull pub.