Trees in Conservation Areas

Conservation Areas are areas of special architectural or historical interest with a character or appearance that is desirable to preserve or enhance. Trees in Conservation Areas are often a very important feature and contribute to the overall character of the area. Special controls on  trees exist to help preserve this character.

How do rules in Conservation Areas affect Trees?
All trees in Conservation Areas are protected from unnecessary felling or lopping by the 1990 Town & Country Planning Act. All trees in Conservation Areas are subject to controls which enable the city council to protect the special character of the area created by the trees. If trees have a specific Tree Preservation Order (TPO) on them, then the normal Tree Preservation Order controls apply.

YOUR QUESTIONS ANSWERED:

If I want to prune or cut down trees in a Conservation Area what do I have to do?
The law requires that anyone proposing to cut down or carry out any work on ANY tree in a Conservation Area must give the Council six weeks notice of their intentions. Work may only be undertaken either when permission has been given or the six weeks has expired.

How do I get permission to work on a protected tree?
Check with the Council's TPO arboricultural officer to see if the tree is protected. You can then download or request an application form.
It often helps to get advice from a tree specialist before submitting your application, he or she will normally be able to help you to apply, and you will need to get a quote from a reputable firm.
When the application is received, it is dealt with like a Planning Application. This means that neighbours, the Parish Council and any interested parties will have an opportunity to make comments on the proposed work. The Council will acknowledge receipt of your application and may carry out a site visit to consider the proposed work. The Council has six weeks from the date of your notice to consider your proposal and decide whether it wishes to serve a Tree Preservation Order to control the proposed work. They will normally contact you again before the six-week period of notice expires. However, if you have not heard from the council by the end of the 6 week period, or if you receive earlier confirmation that they do not object to the proposed work, you may carry out the work that you have described, providing you do so within two years.

Are there any exemptions?
Yes:
     Trees with a trunk diameter of less than 75 millimetres measured 1.5 metres above ground level.
     Trees that are dead or dying.
     Trees which are immediately dangerous.
However you should contact the city council before you do the work as the responsibility is on you to prove that the exemptions apply. This can be very difficult after the event and you are advised to take professional arboricultural advice before carrying out any urgent work. It would also help if photographs were taken of the trees and the defects which created the need for urgent work. In these circumstances there is a duty under the Town and Country Planning Act (1990) to plant a replacement tree.

What if I do not follow the procedures?
Work which is not exempt and is carried out without formal notification or within the six week period without the written consent of the council is illegal. The city council may prosecute offenders and fines of up to £20,000 for each tree may be imposed by the Magistrates Court in the event of offenders being convicted of an offence. For less serious offences, the penalty is a fine of  £2,500. If proceedings are instituted in the Crown Court fines are unlimited. There is a duty to replace any tree removed without permission.