Application for work to trees Application for Tree Works: Works to Trees Subject to a Tree Preservation Order (TPO) Notification of Proposed Works to Trees in Conservation Areas (CA) Town and Country Planning Act 1990
If a tree falls under a TPO and is in a conservation area, then procedure follows that of the TPO.
A Tree Preservation Order (TPO) is placed on a tree, group of trees or woodland with the aim of protecting them. Through prohibiting, without the Local Planning Authorities (LPA) consent:
Owners of the trees must maintain their trees, and an LPA will often encourage good tree management. However, they are unable to require maintenance work just because a tree falls under a TPO.
A section 211 notice is required when performing work on trees which are in a conservation area which are not subject to a Tree Preservation Order (TPO). The local authority can reply by providing a TPO or by allowing the work to go ahead. As it is not an application for consent, it cannot be refused or accepted with conditions.
A replacement tree should be planted in the space if a tree is removed or destroyed. This should be of the same species and size within reason.
If there is not enough information in a section 211 notice, then the authority may request further details or give advice on resubmission.
Consent is not required when a tree is dangerous or dead, however, you should be prepared to prove that the works fall within an exemption. You are still advised to speak with your Local Planning Authority about any proposed work, especially in the case of felling.
You may wish to discuss your needs with a competent arborist (tree surgeon) before contacting the Local Planning Authority (LPA). If the LPA are able to, it may be worthwhile discussing your proposal(s) with them informally before you complete the form. This allows the LPA to:
When deciding who should prune or fell your tree you should bear in mind:
You may wish to contact your LPA for guidance on selecting a contractor in your area.
The Local Planning Authority can prosecute when work is carried out without their consent on a preserved tree, without the required notice on a tree in a conservation area or when exemptions are misused.
To support your application for works on a tree, you will be required to provide the following details:
This must be detailed enough for the local authority to understand the proposals.
Where trees are protected by a TPO you must include the reasons for work and where the trees are being felled. Followed by any proposals for planting replacement trees including the quantity, species, position and size, alternatively any reasons for not wanting to replant.
A notice for work on a tree in a conservation area should be given 6 weeks prior to work commencing.
An application for works on a tree protected by a Tree Preservation Order can take up to 8 weeks to gain approval. This begins when the Local Planning Authority accepts the application as valid.
Consent lasts for 2 years once the notice is given, or application is approved.
There is no fee applied to this application type.
Once an application is approved you can proceed with the planned development.
If you gave a notice for work on a tree in a conservation area then the local authority may issue a Tree Preservation Order, meaning that more details will have to be provided before work can be done.