Trees in conservation areas: the six-week notice explained

If a tree stands in a conservation area, you must give the council six weeks' written notice before you cut it down, top it or lop it, even if it has no Tree Preservation Order (TPO). During those six weeks the council decides whether the tree should be protected. If it makes a TPO, you then need its consent. If it does not, you can go ahead once the six weeks are up, and the notice stays valid for two years. Small trees and a few other cases are exempt.

This guide is general information, not legal advice.

Where the rule comes from

The duty is in section 211 of the Town and Country Planning Act 1990. It applies to anyone who cuts down, uproots, tops, lops, wilfully damages or wilfully destroys a tree in a conservation area. You avoid committing an offence if the council consents, or if you do the work after six weeks from the date of your notice but within two years of it.

Birmingham, Solihull and Walsall all have many conservation areas: 29 in Birmingham, 20 in Solihull and 18 in Walsall, according to their own websites. They range from Bournville Village and the Jewellery Quarter to the older parts of villages and suburbs. You may be inside one without realising. To check, follow how to check if a tree has a TPO, which covers the conservation area maps for each council.

Which trees need notice

Most trees do. The exceptions are set out in regulation 15 of the Tree Preservation (England) Regulations 2012. You do not need to give notice for:

• Small trees. Cutting down, uprooting, topping or lopping a tree whose diameter is 75mm or less.
• Thinning. Cutting down or uprooting a tree of 100mm diameter or less, where the sole purpose is to improve the growth of other trees.
• Anything exempt from a TPO under regulation 14, such as a dead tree or work urgently needed to remove an immediate risk of serious harm. These still need written notice to the council: at least five working days beforehand for a dead tree, and as soon as practicable afterwards for urgent work (regulation 14).

How to measure the diameter

Measure over the bark at 1.5 metres above natural ground level. A simple method is to measure the circumference with a tape and divide by 3.14. A 75mm diameter is about 236mm round; 100mm is about 314mm round. If the tree has several stems at 1.5 metres, the exemption is lost if any single stem is over the limit.

Hedges and shrubs are not trees for this purpose, but a tree growing within a hedge can be. If in doubt, ask the council or give notice anyway. Notice costs nothing.

How to give notice

A section 211 notice does not have to be on a particular form. Government guidance says it must describe the work, include enough detail to identify the tree or trees, and include the date it is submitted (GOV.UK guidance, paragraph 124). In practice, using the council's form or the Planning Portal is easiest because it prompts for everything.

A good notice includes:

1. The address and a sketch plan showing where each tree is.
2. The species, if you know it, and a photo of each tree.
3. Exactly what you want to do: "fell to ground level", or "reduce crown height by 2 metres and lateral spread by 1.5 metres", rather than "tidy up".
4. Your reasons. These are not legally required but help the officer.
5. The date.

Keep a copy and note when the council acknowledged it. Birmingham accepts notice on its tree works consent form or in writing (Birmingham: trees in conservation areas). Solihull asks for the tree works application form by email (Solihull TPO page). Walsall uses one form for TPO and conservation area trees (Walsall: apply to work on a protected tree). Lichfield takes notices through its free online tree portal (Lichfield: works to trees in conservation areas).

What the council can do

A section 211 notice is not an application for permission, and the council cannot refuse it as such. It has two realistic options:

• Let the six weeks run out, or tell you sooner that it has no objection. You can then do the work described.
• Make a TPO. If the officer thinks the tree is important to the area, the council can make an order. A new order takes effect straight away on a provisional basis. From then on you need consent under the TPO, and the council has eight weeks to decide an application.

Government guidance says councils should decide, preferably within the six weeks, whether to make an order (paragraph 118). The council may also suggest changes, such as a lighter reduction instead of felling, but it cannot impose conditions without a TPO.

If the council does not reply

If six weeks pass from the date of your notice and the council has not made a TPO, you can carry out the work you described. You do not need a letter saying so, though it is sensible to check the council's online register first in case an order was made that you have not yet received. You must then do the work within two years of the notice date. After two years, or for different work, you need to give fresh notice.

Only do what the notice described. Felling a tree after giving notice to prune it is not covered.

Penalties

Work without notice in a conservation area carries the same penalties as breaching a TPO: section 211(4) applies the penalty provisions of section 210. For cutting down or destroying a tree, that is a fine with no fixed upper limit, and the court must take account of any financial benefit. Lichfield District Council's guidance gives the lesser penalty for work unlikely to destroy a tree as a fine of up to £2,500 (Lichfield: works to a protected tree). If a tree is removed unlawfully, or because it was dead or dangerous, you may also have to plant a replacement at the same place (GOV.UK guidance, paragraph 121).

Planning the work

Build the six weeks into your timetable. A tree surgeon can usually help with the notice and will want to see the council's response before booking. Think about wildlife too: a notice does not override the law on nesting birds or bats, covered in do I need permission to cut down a tree?

For the work itself, see crown reduction, pollarding and tree removal. Typical prices are in the crown reduction cost guide and the tree removal cost guide. We connect you with one local tree surgeon for your area.