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Trees In Conservation Areas

Conservation areas are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance. They are designated by the Local Planning Authority (LPA) and are often, though not always, centred around listed buildings. Other building and landscape features, including trees may also contribute to the special character of a conservation area.

The Town and Country Planning Act 1990 makes special provision for the trees in conservation areas which are not the subject of a Tree Preservation Order (TPO) . Under section 211 anyone proposing to cut down or carry out work on a tree in a conservation area is required to give the local planning authority (LPA) six weeks prior notice.
 
As part of the drive to streamline the planning system, the Government has introduced a National Standard Planning Application Form, known as 1APP. 1APP supersedes all existing planning application forms, and applications made on other forms after that date will not be valid.

Form Y Application for Tree Works to Trees in a Tree Preservation Order or Conservation Area Notes Checklist


You do not have to give notice for work on a tree with a diameter not exceeding 7.5 cm measured at 1.5m above the ground.

Anyone who cuts down, uproots, tops, lops, wilfully destroys or wilfully damages a tree in a conservation area without giving a section 211 notice is guilty of an offence. The same penalties as those for contravening a Tree Preservation Order (TPO) apply. If convicted in a Magistrate's Court of cutting down a tree a fine of up to £20,000. Anyone who carries out work in a way that is not likely to destroy the tree is liable to a fine in the Magistrate's Court of up to £2,500. If a tree in the conservation areas is removed, uprooted or destroyed in contravention of section 211 the landowner is placed under a duty to plant another tree of an appropriate size and species at the same place as soon as he or she reasonably can.

Further information on this can be obtained from our Landscape Adviser 01502 523075

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