conservation areas

A Conservation Area is an area of special architectural or historic interest, the character of appearance of which is desirable to preserve. Trees often make an important contribution to the appearance of a Conservation Area and so are given protection under Part II of the Planning (Listed Buildings and Conservation Areas) Act 1990. A notification to the local authority is required for the pruning or felling of any trees over a certain size that is located within a Conservation Area.

Tree owners still remain responsible for the maintenance of their trees and any damage that they may cause. If a tree that is located in a Conservation Area is cut down without consent anyone found liable could be fined up to £20,000 in a magistrates court.

Submission of Notifications for works to trees situated within Conservation Areas (CA)

The local authority has six weeks within which they can comment on the proposed works within the notification. This gives the local authority the opportunity to protect trees of amenity value, which may be harmed by the works. The local authority can only protect the trees subject of the proposals by making a TPO on the tree(s) concerned. If a decision is not reached within six weeks from the date of the notice then the works within the notice may be carried out, but no more. If a TPO is made this will prevent the work being undertaken without making an application for consent for works on trees subject to a Tree Preservation Order. You will have the right to object to the TPO and the local authority will provide details of how this may be undertaken.
Sylva Consultancy is able to submit notices for works on trees located within a Conservation Area and where appropriate write reports in support of the application. There are no rights of appeal in regard to trees growing within a Conservation Area.

For information regarding tree preservation orders please contact us