How do I find out about Tree Preservation Orders and Conservation Areas?

Apr 1

You can check to see if a property or area of land has a Tree Preservation Order on it, or if it is located within a Conservation Area, by looking at the council website or by contacting the local council (usually the planning department). If your tree is protected then you will need to apply to the Council to carry out any work.

What is a Tree Preservation Order?

A Tree Preservation Order is an order made by a local planning authority in England to protect specific trees, groups of trees or woodlands in the interests of amenity. An Order prohibits the:

cutting down
topping
lopping
uprooting
wilful damage
wilful destruction

of trees without the local planning authority’s written consent. If consent is given, it can be subject to conditions which have to be followed. In the Secretary of State’s view, cutting roots is also a prohibited activity and requires the authority’s consent.

What is a Conservation Area?

Local planning authorities are under a duty to preserve or enhance the character or appearance of conservation areas as a whole. A key part of that character and appearance may be the trees.

Anyone proposing to carry out works to a tree in a conservation area must give at least six weeks notice to the local planning authority.

Here is a link to use when Checking for Tree Preservation Orders: https://www.gov.uk/apply-work-on-protected-tree

There are exceptions to this requirement, including when the tree is dead, dying or has become dangerous. However it is always best to discuss with a Arboriculturist or the Local Authority before taking any action.

If the authority decides the tree is not a part of the special character or appearance of the area it may give consent or allow the notice to lapse without response.

Otherwise it should refuse consent and consider imposing a tree preservation order. It is a criminal offence to carry out works to a tree where consent has been refused or where notice was required and not served on the local planning authority.

If you would like some advice or assistance when dealing with Tree Preservation Order or Conservation Area we would be happy to help, click on the link below: