CS31: Legal Constraints (Conservation)

In the next part of this mini-series about legal constraints when felling trees, we're going to sneak a peek at conservation areas.

The importance of trees within a conservation area is recognised by the Town and Planning Act, which makes a special provision for trees in a conservation area, and not already protected by a Tree Preservation Order (see previous post).

Find out more after the jump...

A Section 211 Notice lists the work that is proposed for trees within a conservation area, and require a six-week notice period from application to the decision. There are exceptions from a Section 211 notice, and these are:

  1. If a tree to be cut down is being felled in accordance with a Forestry Commission Felling Licence (see next post).

  2. if the tree work is exempt from a TPO.

  3. if the work is being carried out by, or on behalf of, a National Park Authority, District or Borough Council.

  4. if the work is to be carried out on a tree with a stem diameter not exceeding 75mm (3") measured at a point 1.5 metres up the main stem.

  5. dead, dying or dangerous.

To be honest, you'd need to be pretty sure that tree needed to be worked on, as if you felled it only to find out that the tree was actually alright and didn't constitute a denger... well, let's just say that's probably not a good place to be ;0)

In the next post, we'll take a quick gander at Forestry Commission felling licences.

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