Contents
Introduction
The purpose of this leaflet is to provide guidance to anyone who
owns a tree in a Conservation Area and wishes to prune or fell
it.
Under the Town and Country Planning Act 1990 all trees in a
Conservation Area with a trunk diameter of 75mm or more (measured
at 1.5m above natural ground level) are protected (subject to
some exemptions). It is an offence to prune, fell or
otherwise damage a tree without first giving notice to the
Council.
The purpose of this requirement is to give the Council the
opportunity to consider whether a Tree Preservation Order should be
made to further protect the tree.
What is a Conservation Area?
A Conservation Area is designated where special architectural or
historic interest makes it desirable to preserve or enhance the
area’s character or appearance.
Conservation Areas usually cover the historic and central areas
of our towns and villages. There are over 30 designated
Conservation Areas within Bath and North East Somerset at present.
The City of Bath Conservation Area covers almost three quarters of
the City making it one of the largest single Conservation Areas in
the country.
Why are trees
important in Conservation Areas?
Whilst a Conservation Area is generally centred on listed
buildings and other historic built features, the landscape
surrounding it and trees within it contribute significantly to its
appearance. The setting of a Conservation Area can be equally
as important as the buildings or historic features themselves.
Trees also help to improve the quality and amenity of an area.
They provide cool dappled shade and improve the quality of our
air.
What is classed as a
tree?
The High Court has held that a ‘tree’ is anything which
ordinarily anyone would call a tree. Bushes and shrubs are
not protected.
What about hedges?
If the hedge forms part of a garden and has been clearly managed
as a hedge, it is not protected. However if it has been left
unmanaged for many years and has grown into a line or row of trees
they will be protected. If the hedge is not part of a garden
it may be protected by the Hedgerow Regulations 1997.
With either of these it would be best to Ask Us First!
I want to prune or
fell a tree in a Conservation Area–what do I do?
If you wish to prune or fell a tree within a Conservation Area
you must give the Council six weeks notice in writing of your
intention to carry out the work.
This notice should set out clearly what is proposed and should
include at least the following:
-
the location of the tree and the species if known;
-
exactly what work is proposed (a proposal simply to ‘top’ the
tree or ‘lop’ or ‘cut back’ some branches is too vague because it
fails to describe the extent of the work)
The Council provides a tree work notification form which is
available at most main Council offices or alternatively can be
downloaded by clicking on the link in 'Related Documents' at the
top right of this page.
What happens next?
Once your notification has been received a letter of
acknowledgement will be sent to you.
Under certain circumstances the Council may also consult the
Parish or Town Council before making a decision.
The Council has two options when considering their decision and
these are:
-
to let the six week notification period run in which case the
proposed works may be carried out after it expires. The
Council normally sends a letter stating they have no objection to
the proposed works and lists the work together with the expiry
date; or
-
to make a Tree Preservation Order on the tree to stop the work
being carried out. The notifier can object to the Tree
Preservation Order and/or make an application for the work under
the Tree Preservation Order procedure.
Do I always have to
give the Council 6 weeks notice or are there exemptions?
Yes, you normally have to give 6 weeks notice but there are some
exemptions:
-
you do not need to give six weeks notification to the Council
for trees that are dead, dying or have become dangerous, but
the burden of proof will be on you to show that the work is being
carried out under an exemption. You should give the Council five
days written notice before carrying out the work. In an
emergency you should let the Council know as soon as possible what
work has been carried out. (A photograph showing the condition of
the tree may be all that is needed to prove your case should it be
necessary)
-
under certain circumstances works to trees that are the subject
of a legal nuisance are also exempt. You are advised
to Ask Us First should you wish to use this exemption.
-
pruning fruit trees in accordance with good horticultural
practice is also exempt, but any other works to a fruit tree
including felling would require a notification.
The Public Register
All notifications to carry out works to trees in a Conservation
Area are kept on a register that is available for public
inspection.
Who should I get to
carry out the work?
It is always advisable to have your trees pruned or felled by a
suitably qualified tree surgeon. A tree surgeon must be
adequately insured and should be happy to show you his current
insurance certificate if asked.
The appointment of a tree surgeon is entirely a matter for you.
Whilst the Council has an informal list of local tree surgeons
which is available on request, please note this does not mean that
the Council endorses those contractors or guarantees their
work.
Always ask for a complete written quotation. This should
have the tree surgeon’s name, address and telephone number together
with all the work they propose to do for you.
Working near trees in a
Conservation Area
All parts of a tree in a Conservation Area are protected and
this includes the tree’s root system. If you are proposing to
work close to a tree that has not been the subject of a Planning
Application you are required to notify the Council in the same way
as if you were pruning or felling the tree.
If I fell a tree in
the Conservation Area do I have to replace it?
If the tree has been unlawfully removed, uprooted or destroyed
it is the duty of the landowner to plant another tree of an
appropriate size and species at the same place. The same duty also
applies if a tree is removed under an exemption, for example
because the tree is dead.
The Council has powers to dispense with this duty if it
considers that it would not be appropriate to replant.
What are the penalties if
I cut down or prune a tree without giving the Council notice?
Anyone who cuts down, uproots, tops, lops, wilfully destroys or
wilfully damages a tree in a Conservation Area without first giving
notice is guilty of an offence.
For example, anyone who cuts down a tree in a Conservation Area
without giving notice is liable, if convicted in the Magistrate’s
Court, to a fine of up to £20,000 or on conviction in the Crown
Court to an unlimited fine. Anyone who carries out work in a
way that is not likely to destroy the tree is liable to a fine in
the magistrate’s court of up to £2,500.
Tree Preservation
Orders
Some trees are specifically covered by a
Tree Preservation Order (TPO).
Tree Preservation Orders can be either within or outside a
Conservation Area but in either case require a formal application
and approval before any works can proceed. If you are unsure
whether your trees are covered by a Tree Preservation Order then
you can check by telephoning 01225 477520 or treesandwoodlands
@bathnes.gov.uk
