Trees in Conservation Areas

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.

Although a section 211 notice does not have to be in any particular format, you 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.

If, however, the Authority fails to make a TPO within 6 weeks, or if it fails to inform you of their decision within that period, you can carry out your intended works.

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 cCutting 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.