Trees in Conservation Areas

Anyone proposing to carry out works to trees within a Conservation Area that are not protected by a Tree Preservation Order (TPO), is required to give the Local Planning Authority six weeks prior notice of their intent to carry out works to trees. Failure to give notice is an offence and penalties similar to those in contravention of a TPO apply. You should not carry out any work during this six-week period unless you have received agreement from the Council.

Exceptions
It is not necessary to give notice if:-

• the tree has a stem diameter less than 75mm measured 1.5m. above ground level
• the tree has a stem diameter less than 100mm measured 1.5m above ground level and the work is carried out to improve the growth of other trees
• and in instances where it would not be necessary to obtain consent if a tree preservation order was in force. These are listed below;

If you are in any doubt at all as to whether consent is required, it is in your interests to check with us first - you may be prosecuted if the Council considers you have carried out unauthorised work.

Tree Preservation Orders and a Register of all applications for tree works, in full, are available for inspection in the Planning department, and in certain circumstances may be copied to neighbours and other third parties.

TPOs are registered as a Local Land Charge.

An application form and guidance notes with advice for completing the form are available to download.

Exemptions
There are a number of exemptions from the normal requirement to obtain consent from the Local Planning Authority for works on protected trees. The guidance below provides details of specific exemptions as detailed under the Town and Country Planning Act 1990 and the Town and Country Planning (Trees) Regulations 1999. Tree Preservation Orders made under Regulations prior to 1999 may differ and it may be necessary to seek further advice from the Council's Tree Preservation Officer for the particular provisions of the TPO in question.

Dead and Dangerous Trees
The Local Planning Authority's consent is not required for any protected tree that is dead or dangerous. Anyone proposing to cut down a tree under this exemption is advised to give the Local Planning Authority 5 day's written notification before carrying out the work, except in an emergency. If you are unsure as to whether the tree falls within the exemption is advised to seek clarification from the Council's Tree Preservation Officer. You could be prosecuted if the Council considers you have carried out unauthorised work.

The removal of deadwood and broken branches (including hung up branches) is also included within this exemption.

Planning Permission
Local Planning Authority consent is not required to carry out works to protected trees if full planning permission has been granted and is necessary for the implementation of the approved development.