Tree Preservation Orders and Conservation Areas

From the 1st October 2008 The Town and Country Planning (Trees) (Amendment) (England) Regulations 2008 (the Regulations) make mandatory the use of a standard application form for all applications to fell or prune trees which are protected by a TPO.

An important element of the new procedures is the requirement to provide specific information in support of applications for work relating to trees which is required because of their condition or the damage they are causing to property.

We have the experience to present these issues in a way that will maximise your chances of getting the result you want. The 2008 Regulations also introduce, a new fast-track appeal system and Inspectors will only be able to consider the information provided with the original application; there will be no written representations procedure available, however the appellant can still request for the appeal to be heard as an Informal Hearing or Public Inquiry. We are able to provide advice in regard to appeals and represent clients if necessary.

  • Large trees close to people can disrupt their lives through causing excessive shade, outgrowing the space available and becoming a nuisance.
  • It is often beneficial for homeowners to employ consultants to put the technical arguments to the council to ensure they are given a fair hearing.

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.

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. We are 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. Tree owners still remain responsible for the maintenance of their trees and any damage that they may cause.