2 Trees in Conservation Areas
12.196 Special rules apply to protect trees in conservation areas. Local planning authorities have a duty to designate as Conservation Areas those ‘areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance’.298 It is a criminal offence to cut down, top, lop, uproot, or wilfully damage or destroy any tree in a conservation area without first serving a notice on the local planning authority.299 The local authority has six weeks following service of notice in which to consider whether to make a TPO to protect the trees in question.
If no TPO is made, the operations can be carried out once six weeks have elapsed – but if not carried out within two years a further notice of intent must be served before operations can lawfully be carried out. No notice is required to cut down, lop or top etc. a tree with a diameter not exceeding 75 millimetres (or not exceeding 100 millimetres if the operations are to thin out trees to improve their growth) cf a TPO (if made) can apply to small trees and saplings of any size. In all other respects the same exceptions apply to permit operations as apply on trees covered by a TPO – for example to permit the cutting or lopping of dead branches from a living tree or the uprooting of a dead tree.12.197 Where a notice of intent is given for works on a tree in a conservation area, the appropriate response by the local authority in order to confer protection is to make a TPO, in which case the tree will be subject to the rules outlines above – the local authority cannot respond by refusing consent or by granting consent with conditions. There are therefore three possible responses: to make a TPO if this is justified in the interests of amenity; to decide not to make a TPO and allow the six weeks to expire (in which case the work can be carried out as long as it is done within two years); or decide not to make a TPO and inform the applicant that the work can go ahead. Carrying out any of the proscribed operations without notice (or within the six weeks’ notice period) is a criminal offence and carries the same penalties as apply for breach of the terms of a TPO.300 The offence is committed by the person carrying out the operations in question, and the landowner will come under an obligation to replace the tree with one of an appropriate species and size at the same place as that unlawfully destroyed or uprooted.301 If the local planning authority responds by making a TPO the protective regime applicable to TPOs will then apply as described above.302
More on the topic 2 Trees in Conservation Areas:
- 5 Protection of hedgerows and trees
- Core natural areas should promote species persistence
- 7 Compliance with statutory obligations