Scroll down for Exceptions (where a Conservation Area notice is not needed), and for notes on How to object to a tree work proposal

Conservation Areas are designated by the Local Planning Authority and usually apply to areas within a town, city or village which is regarded as being of ‘special architectural or historic interest’. Insofar as they protect trees, that protection is essentially in order to preserve the character of the town or village in which they grow; they do not imply any recognition of the intrinsic value and importance of trees as trees.

While specific trees within Conservation Areas may be protected by a Tree Preservation Order (TPO), section 211 of the Town & Country Planning Act 1990 holds that all trees with a diameter of 75mm or more, measured at 1.5 metres above ground level, are protected . (Certain exceptions apply, as described below.)

Anyone who wishes to carry out work on a tree within a Conservation Area must notify the Local Planning Authority of their intention to do so in what is known as a ‘Section 211 Notice’. This must include enough information to clearly identify the tree or trees in question and must describe the operations proposed.

Notifying the council about proposed tree work in a Conservation Area can be in any form, but we are encouraged to submit it by registering and logging into the Planning Portal and filling out the appropriate online form, which is availabe HERE.
Alternatively you can submit a notice to the Natural Environment duty officer HERE.
OR you can apply by post, addressed to
Herefordshire Council Natural Environment Services, PO Box 4, Hereford HR4 0XH.

Once a Section 211 notice has been submitted and registered, the Local Authority has up to 6 weeks in which to respond, although it may do so before that time by saying that it has no objection to the work going ahead. However, it is important to note that a Section 211 notice is not an application for permission to carry out work but is merely a notice of the intention to do so. It is therefore not within its powers to respond to the notice by simply refusing permission. Instead, if it is felt that the works proposed are innapropriate, the only way it can prevent all or part of the operations set out in the S211 Notice from proceeding is by creating a Tree Preservation Order. In effect, the six weeks allowed for the council to respond gives it time to consider whether the tree is of sufficient value as to be worthy of being made the subject of a TPO. (See below if you wish to object to or contest an application to carry out work on a tree in a Conservation Area)

If, however, the Authority fails to make a TPO within 6 weeks, or if it fails to inform the tree owner of a decision within that period, he or she is free to carry out the works as set out in the S211 Notice .

When a formal notice maynot be required.

Trees in a Conservation Area with a diameter of less than 75mm (3’’) measured at 1.5 metres above ground level are not protected.
Other exceptions apply, similar to those that apply to trees subject to a TPO, although it should be noted that it may still be necessary to provide the local authority notice of any proposed works, even if they appear to be exempt from protection.

Exceptions include:

• Removing dead branches from a tree.

• Cutting down or cutting back a tree which is dead or dangerous. However, while a section 211 notice may not be required where work is necessary to make a dangerous tree safe, the Local Authority must be informed in writing 5 working days before the work is carried out.  
  In situations where a protected tree poses an immediate risk of causing serious harm, it can be dealt with without giving advance notice, but only to the extent that it is necessary to remove the risk. (For example, the presence of a broken branch in a tree is unlikely to justify the felling of the entire tree.)
  As soon as practicable after the work becomes necessary, the owner (or their agent) must give written notice to the authority of its extent.
  They should be able to provide evidence to justify the work carried out: where practicable it is advisable to be able to provide photographic evidence.
  

• Work which is directly in the way of development that is about to start and for which detailed planning permission has been granted may proceed without further notice.

• No notice is required for tree operations in a commercial orchard or the pruning fruit trees in accordance with good horticultural practice.

• It may be permissible to carry out works to prevent or control an actionable nuisance. However it is strongly advised that a solicitor be consulted to determine if a nuisance is indeed ‘actionable’.

• An exemption exists for the Cutting down of trees in accordance with one of the Forestry Commission’s grant schemes, or where the Commission has granted a felling licence.

• An exemption also applies to works that are in line with an obligation under an Act of Parliament...

• ....or are carried out by or at the request of certain statutory undertakers.

If you are in any doubt, check with your Local Authority; even if the proposed work is regarded as being exempt from protection, it is prudent to advise the Local Planning Authority of your intentions.

Having received a S211 notice, indicating an intention to carry out work on a tree in a Conservation Area, the local authority can only deal with it in one of three ways:

• It can make a Tree Preservation Order, if that is justified in the interests of amenity. This should preferably be done within 6 weeks of the date of the notice

• It can decide not to make an Order and inform the person who gave notice that the work can go ahead; or

• It can also simply not make an Order and allow the 6-week notice period to end, after which the proposed work may be done within 2 years of the date of the notice.

Government guidance says that, bearing in mind the 6-week notice period, the authority should allow sufficient time for it to receive objections to the work and should consider duly submitted objections when deciding whether the proposals are inappropriate and whether an Order should be made.
That said, one must be clear about the limited options available: objections need to be carefully considered, as there's little point suggesting alterations to the work described in the Notice, because the council doesn't actually have the power to insist on alterations to a S211 Notice.
If the council believes the proposed work would be significantly harmful to a tree in a Conservation Area and wished to prevent or modify that work, the only option available to it is to make a Tree Preservation Order.
It follows from this that if anyone wishes to lodge an objection to a proposal, for it to carry sufficent weight to pursuade the Authority to act, it must demonstrate that the tree is of a quality and importance within the Conservation Area to justify the legal protection of a Preservation Order.

To achieve this, it will be helpful for the objector to provide evidence that the tree is of some significance within the conservation area and that the work proposed would be damaging to public amenity. To assist in this, the so-called TEMPO system (Tree Evaluation Method for Protection Orders) was developed and provides a methodology to evaluate a tree's amenity value and whether it would be 'expedient' to make a TPO. An adapted version of that system can be accessed by following the link below.

This evaluation system scores various features and characteristics of the tree under investigation; if the score turns out to indicate that a TPO is likely to be regarded as indefensible, it is unlikely that the local authority will be able to give it protection and prevent the proposed works taking place. If on the contrary, the score indicates that the tree or trees is deemed to be worthy of protection, the local authority should be obliged to consider the objection and, if it agrees that the work proposed would be deleterious, is far more likely to protect it by making a TPO.

The objector should be aware that the owner will still be free to request work on the tree (including the operations originally proposed). But rather than being a simple notice of intent, the application must be made following the procedures set out under the TPO legislation and must include details justifying the proposed works. The Local Authority, if so minded, may then refuse permission for the work as proposed or grant permission or, grant permission with conditions modifying what was proposed. They can also, in the case of felling a tree, a requirerment for replacement planting.