Trees in conservation areas

The Local Planning Authority (LPA) designate Conservation Areas 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 automatically protected.

What protection does the LPA give to trees in Conservation Areas?

The LPA does not allow cutting, removal, wilful damage, or destruction of any tree over 75mm in diameter, at 1.5m above ground level, without prior notification (a section 211 notice). The LPA then has 6 weeks to decide whether to make the tree the subject of a Tree Preservation Order (TPO). There are a few exceptions to these restrictions. It is advisable to seek the advice of the LPA. The LPA can prosecute any person doing anything to a tree in a Conservation Area normally prohibited by a TPO, unless the LPA give permission, or 6 weeks have elapsed since you submitted notice of intention to carry out the work and you have received no reply from the LPA.

Penalties

Anyone who undertakes tree work in a Conservation Area without giving six-weeks prior notice to the Council is committing a criminal offence, and is liable, on conviction in either the Crown Court or the Magistrates' Court, to an unlimited fine.

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 it must describe accurately and in enough detail the work you want to carry out and include a plan showing the location of the tree(s) you intend to work on. Reasons for the proposed work are also helpful. You should consider pre-notification discussions with the LPA, or a professional adviser to ensure sufficient information is provided. The Council will consult with the tree owner if different to the applicant and with the Town or Parish Council.

Application for tree works forms

Download the Tree Work notification form (PDF: 466Kb / 4 pages) from the Planning Portal and, once completed, return to the address on the form.

Read the guidance notes for application for Tree Works, on the Planning Portal for help completing the form.

Application forms are also available from the Council offices.

What can I do if I think unauthorised work to trees is taking place?

Search the planning register for details of all TPO applications and Conservation Area tree work notifications.

We keep a register of all Tree Preservation Orders within our jurisdiction and you should direct enquiries to the Planning Policy Section (or the Lake District National Park Authority, or the Yorkshire Dales National Park Authority, if in the National Parks).

Report suspected illegal tree felling on GOV.UK, if you suspect anyone of cutting down trees without permission; you can report this to the Forestry Commission.

Apply for a felling licence on GOV.UK if you are going to remove a number of trees.

Yorkshire Dales National Park Authority extension area

From August 2016, the following villages and surrounding areas became part of the Yorkshire Dales National Park Authority (YDNPA) area: Crosby Garrett, Crosby Ravensworth, Great Asby, Maulds Meaburn, Orton and Ravenstonedale. The YDNPA deals with trees protected by TPOs, or by Conservation Area status.

Further information

Consult the Tree Preservation Orders and Trees in Conservation Areas on GOV.UK, which explains the legislation governing TPOs and tree protection in Conservation Areas.

Contact details

Eden District Council

See contact details at the bottom of the page.

Lake District National Park Authority

See trees and hedgerows on the Lake District National Park website

Go to contact us on the Lake District National Park website for all the their contact details.

Yorkshire Dales National Park Authority

See Trees in Conservation Areas on the Yorkshire National Park Authority website

Go to contact trees and woodland team on the Yorkshire Dales National Park website for their contact details.

Forestry Commission

Bassenthwaite Lake, Cockermouth, Cumbria CA13 9BR
Telephone: 017687 76616