There are legal restrictions on work that can be carried out on most trees in Conservation Areas and on all trees that are subject to a current TPO. These restrictions are set out in Part VIII of the Town and Country Planning Act 1990 and in the Town and Country Planning (Tree Preservation) (England) Regulations 2012. Breaching these laws can result in an unlimited fine and the imposition of a criminal record. The overall responsibilities of property owners and others are helpfully set out in this Government document.
The first step is to establish whether your tree falls within a designated Conservation Area. If it does, then restrictions apply to work on most specimens with trunk diameters exceeding 75mm at a height of 1.5 metres. In these cases you need to apply for Council permission before work is started. The exact procedures vary across different Councils and detailed guidance is set out below. In many cases the Area boundaries can seem quite erratic and they sometimes even bisect a suburban garden, leaving half the trees subject to restriction and the rest excluded. Very careful checks are always advised. Remember that these restrictions cover not only specifically cultivated trees but also self-sewn plants and trees started by a squirrel cache.
Beyond the boundaries of Conservation Areas TPOs may cover either individual trees or designated areas of land. These need to be checked as well, again with guidance given below.
In cases where tree-work restrictions apply, the two Acts require you to receive Council approval before embarking on any work. (Rare emergency exceptions are set out in Subsection 8 of Section 198 of the 1990 Act. These variations relate to dead or dangerous trees and call for experienced judgement, so it is advisable to consult our senior tree surgeon before taking any action.). The procedures for submitting such applications vary from Council to Council and are outlined below for the planning areas we cover. It is worth noting that there is no fee payable for submitting an application to carry out tree work.
To check Conservation Area click here. When the map page loads either use your postcode to zoom in on your property or just navigate to the relevant area on the map.
To carry out a TPO check click here. Click on a green circle (for a single tree) or on a green TPO area to confirm the exact location and extract a reference number for use in your application. (You can also use this information to apply online for a copy of the TPO)
Here, the starting point is the home page of a national Planning Portal. As a first step you are required to create an account on the Portal. Once you have launched your application you are asked to fill out a form and upload relevant documents. The questions here can sometimes seem a little odd, perhaps because the Portal was designed mainly to deal with applications for building works. For example, at one point you are asked to upload a “plan” of the works. Experience has shown that this condition can be met by taking a screenshot of an online map of your premises and marking the positions of the trees in question. You are also asked to upload photos of the tree(s). On submission the website gives an indication of the timescale for receiving a response.
For non-TPO work, the Council guidance advises the use of the same form. (The form includes a specific question about the Protection status of your tree). With applications of this kind you are technically providing the legally stipulated six week period of notice before starting the work. Based on the paragraph number in the 1990 Act this is referred to as a “Section 211 Notice”. Within the six week time period, the planning authority is empowered to respond by placing a new Protection Order on the tree, thereby forcing you to follow the procedures set out above. They may also ask further questions to help guide their decision. You are free to proceed with the notified work either on receipt of approval or after the six week pause (provided the further delay doesn’t extend beyond 98 weeks after the expiry of the initial response deadline).
To check whether your tree is situated in one of their Conservation Areas the EDDC offer the choice of either a map or, alternatively a facility allowing you to search by using your property’s postcode. The former (i.e., the map) also shows the location of all Council TPOs. Unusually, The EDDC also accepts phone enquiries to their Customer Service team on 01404 515616. You can also make preliminary enquiries by using their bespoke form.
Applications to work on protected trees and to submit Section 211 Notices should both be handled using the national Planning Portal.
To check whether your tree falls in one of their Conservation Areas use the Council’s own map.
To apply to do work on a protected tree or any tree work in a Conservation Area you are again advised to use the national Planning Portal.
For a map of both Conservation Areas and TPO locations enter your postcode here.
Just like Exeter City council (as outlined above), Teignbridge recommend the use the national Planning Portal both for applications to work on protected trees and for work to be carried out within Conservation Areas.
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