Trees in Conservation Areas
Click the following link for Conservation Area Consultations. The 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 the character. |
What are Conservation Areas?
Conservation Areas are areas of special architectural or historical interest with a character or appearance that is desirable to preserve or enhance. They are designated by the Borough Council and are often, but not always, centred around listed buildings. Other buildings and features including trees may also contribute to the special character of the area.
How do Conservation Areas affect trees?
All trees in a Conservation Area are subject to controls which enable the Borough Council to protect the special character of the area created by the trees. If trees have a specific Tree Preservation Order (TPO) on them the normal TPO controls apply.
If I want to prune or cut down trees in a Conservation Area what do I have to do?
You must give the Borough Council 6 weeks notice, in writing, of your intention to do any work, including any work that may affect roots, to trees in a Conservation Area. You must not carry out any work during the six week period, which starts from the date of receipt of your notification by the Council, unless you receive written permission to do so.
How do I give notice?
Write to the Borough Council's Arboricultural Officer detailing the work you would like to do. It may be possible to arrange a site visit from the Arboricultural Officers before you give notice.
What happens when I give notice?
The Borough Council will acknowledge receipt of your notification and carry out a site visit to consider the proposed work. If the Council considers the work inappropriate it will offer advice on what work (if any) would be acceptable and try to reach agreement with you. If agreement cannot be reached it will make a TPO to specifically protect the tree or trees.
In the case of acceptable work the Borough Council will write to you to confirm you may go ahead with the work as agreed. If the Council fails to respond to your notice within six weeks of the acknowledgement and a TPO has not been made, you may carry out the work provided you do so within 2 years of the date of your application.
Are there any exemptions?
Yes. Trees with a trunk diameter of less than 75 millimetres measured 1.5 metres above ground level are exempt from the need to give notice. Trees which are immediately dangerous are also exempt. However you should contact the Borough Council by telephone 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.
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 Borough 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. If proceedings are instituted in the Crown Court fines are unlimited. There is a duty to replace any tree removed without permission.
