An application under section 211 of the Town and Country Planning act for work on a Tree in a Conservation Area.

This type of application is time-limited. It has only 6 weeks to “run”, and if the Local Planning Authority has not responded in that time, the work can go ahead by default. It is not mandatory to give reasons for an application to fell a tree. Nor can applicants be compelled to replace a tree if permission to fell is granted.

The only way a tree can be saved from a felling is if it is made the subject of a Tree Preservation Order (TPO), or the Tree Officer is able to negotiate with the applicant to ameliorate any problems which the tree causes by pollarding or a crown reduction. The criteria for applying a TPO are limited. A major requirement is that the tree is a public visual amenity and its loss will affect the character of the Conservation Area. Thus trees in back gardens are unlikely to be awarded a TPO but occasionally a back garden tree is also a "side" garden tree and can thus be very visible, or a back garden tree is visible from a service lane, say for garages. The visability and indeed the tree's condition can best be assessed by a site visit, which the Tree Officer will make if necessary, or by checking maps. There are links in the application entry on PAC to help to do this. The TEMPO method is used as a basis for scoring a tree for a TPO although the planning officer can take other factors, such as the effect on nearby buildings, into account.

All comments made are seen by the Tree Officer and these can help the Tree Officer in negotiations so it is worth commenting if the tree can be glimpsed by more than just the Applicant and a few neighbours. It is important to make such comments while the status is 'pending consideration' ie. while the application is being considered by the Tree officer.

Links to general resources