Conservation Areas are designated by the Local Planning Authority (LPA) in areas of special architectural or historic interest to help preserve or enhance their character or appearance. As a consequence of the Conservation Area designation, any tree over 75mm in diameter at 1.5m above ground level is given automatic protection.
What protection is given to trees in conservation areas?
No cutting, removal, wilful damage or destruction of any tree over 75mm in diameter at 1.5m above ground level is allowed without giving prior notification to the LPA (a section 211 notice). The LPA then has 6 weeks to decide whether the tree should be made the subject of a Tree Preservation Order. There are a few exceptions to these restrictions, and it is advisable to seek the advice of the LPA. Any person doing anything to a tree in a conservation area that would normally be prohibited by a TPO can be prosecuted, unless permission has been given by the LPA or six weeks have elapsed since notice of intention to carry out the work was submitted and there has been no reply from the LPA.
What should I do if I want to carry out work to trees in a Conservation Area?
Submit a written notice to the LPA. There is no set format for this notice but to be considered valid it must specify the trees to be worked on (referring to a plan is helpful) and describe accurately and in sufficient detail the work to be carried out. Reasons for the proposed work are also helpful. If the notice is too vague it may be rejected as invalid therefore pre-notification discussions with the LPA or a professional advisor should be considered to avoid delays. Application forms are available from the Council offices. Alternatively print and complete the 1APP Tree Work Application Form (PDF: 466Kb / 4 pages). Completed notifications should be returned to the address on the form. Guidance Notes are available to help you complete the form.
What can I do if I think unauthorised work to trees is taking place?
All TPO applications and Conservation Area tree work notifications are processed as planning applications by the Council and details can be viewed on the Council's Online Planning Applications Search facility. The Council keeps a register of all Tree Preservation Orders within its jurisdiction and enquiries should be directed to the Planning Policy section (or the Lake District National Park Authority if in the National Park). If a number of trees are being removed a Felling Licence may be required from the Forestry Commission.
Further information about trees in Conservation Areas can be found in the National Planning Practice Guidance published on 6 March 2014 on the Planning Portal. Currently this information is only available online.
- Eden District Council
Planning Policy, Mansion House, Penrith, Cumbria CA11 7YG
Telephone: 01768 817817
Fax: 01768 890732
Thursday and Friday only
Telephone: 01768 212159
- Planning Technician
Telephone: 01768 212161
- Lake District National Park Authority
Murley Moss,Oxenholme Road, Kendal Cumbria LA9 7RL
Telephone: 01539 792614
- Forestry Commission
Bassenthwaite Lake, Cockermouth, Cumbria CA13 9BR
Telephone: 017687 76616