Trees in conservation areas

Do you know if you live in a conservation area? If not, please take a look at conservation webpages.

First, see if you need to let us know about your tree works. You need to submit a notice for all trees with one or more stems (trunks) with a diameter over 75 millimetres at 1.5 metres above ground level.

If you need to submit a notification and you are not sure what to apply for, or what would be good or appropriate tree management, it is best to discuss your options with a tree surgeon first.

Find the right tree surgeon for you through the Arboricultural Association Approved Contractor Directory. You should choose your contractor carefully, please do not use tradespeople who knock on your door without being invited. No tree surgeon has special permission to prune protected trees without submitting a notification.

Once you know what works you want to apply for go to the Planning Portal to submit a tree works notification.

The easiest and quickest way to submit a tree works notice is via the Planning Portal. A reputable tree surgeon can submit your tree works notice for you.

The tree works notice should include:

• the date of the section 211 (Works to trees) notice
• the name of the applicant person who served it
• the address of the land where the tree stands
• the proposed work (it is helpful to say why the works are needed)
• a tree location plan

You might find it helpful to include a photograph of the tree or situation. Ensure the tree in question is in the centre of the photograph and don’t stand too close! If possible include the whole of the tree from ground level to a bit of sky above the very top.

An ambiguous or incomplete proposal is the most common reason for invalidation.

• If there are multiple trees on the notice, make sure you say what works apply to which tree and it matches the tree location plan.
• Pruning terms have specific meanings. If ambiguous, we will infer the definition in the British Standard 3998:2010 Tree work recommendations or an arboricultural dictionary. If you are not sure, seek the advice of a tree surgeon.

Every type of works needs quantifying.

Once the tree works notice is validated the Trees Officer reviews the proposed works and may undertake a site visit. We might contact you for further information or to suggest amending the tree works notice.

There are three possible outcomes to a tree work notice:

• No objection and inform the person who gave notice that the work can go ahead,
• Objection and make a Tree Preservation Order (TPO) or
• Decide not to make an Order and allow the 6-week notice period to end, after which the proposed work may be done within 2 years of the date of the notice.

Unfortunately we can only expedite genuine emergency tree work notices.

Conservation area tree works notices do not need to be publicised but are available to view on our website. We will try to contact tree owners when a neighbour submits a notice. The parishes are automatically notified of all tree work notices.

All notices submitted after October 2016 are available online. 

If a tree in a conservation area is removed because it is dead or presents an immediate risk of serious harm the land owner must replace the tree with another of the same species and in the same place. This also applies to trees in a conservation area which are removed, uprooted or destroyed without giving the appropriate notice to us.

Should the tree not be planted, we may enforce this duty by serving a tree replacement notice.

Anyone who carries out, commissions or permits tree works or damage to a tree in a conservation area without giving notice to the Council is guilty of a criminal offence. This can lead to prosecution with fines of up to £20,000. In serious cases offenders may be dealt with by the Crown Court, where an unlimited fine can be imposed.

If you think you have a tree emergency the best thing to do is to contact a tree surgeon or arborist.

Find the right tree surgeon for you through the Arboricultural Association Approved Contractor Directory. You should choose your contractor carefully, please do not use tradespeople who knock on your door without being invited. Contractors have adequate public and employer’s liability insurance and a licence to carry waste.

The tree surgeon will see if there is an immediate risk of serious harm. If there is sufficient evidence there is an immediate problem, they can request we process the tree works notification within five days.

The most detailed guide to Tree Preservation Orders and trees in conservation areas can be found on the Gov.uk website.

If the tree works notice is submitted via the Planning Portal you will receive a submission acknowledgement. This means the tree works notice has been passed to us.

If there is missing information or the proposal is not clear we will invalidate the notice and let the applicant/agent know. This may result in the applicant or agent having to resubmit the tree works notice.

If all the information has been provided and the proposal is clear the tree works notice is passed for assessment and an acknowledgement is sent out to the applicant/agent.

Parish Councils apply using the same process as other applicants, via the Planning Portal.

If the trees stand in a Church of England graveyard within a conservation area, or there are Tree Preservation Orders, you will need to submit a tree works notice to us and a faculty application to the Diocese of Ely.