Q We recently bought a house with a garden that’s dominated by two large oak trees which block light. Although we’d love to fell the trees, they’re protected because we live in a conservation area although the trees themselves are not protected by individual tree preservation orders (TPOs). The trees overhang the fence into neighbours’ gardens. That fence denotes the boundary of the conservation area. Without individual TPOs, could we argue that any part of the tree that overhangs over the boundary is outside of the conservation area and could therefore be pruned back to the boundary of the conservation area? JD
A No you couldn’t and it would be very unwise to carry out any work on your trees without contacting your local planning authority (LPA). Although your trees aren’t protected by individual TPOs, as you say, because they are growing in a conservation area they are protected by the provisions in section 211 of the Town and Country Planning Act 1990. These provisions require people to notify the relevant LPA (using what’s referred to as a section 211 notice) six weeks before any intended work on the protected trees to obtain the LPA’s consent for the work. However, you don’t have to get permission for a tree which has a trunk which is less than 75cm measured at 1.5m above ground level but I doubt this exception applies to your trees. You might want to let your neighbours know that if they plan to lop off the overhanging branches, they also need to get consent from the LPA before doing so. Even though the branches overhang non-conservation area land, the trees are still protected because they are growing in a conservation area. Doing work without LPA consent carries a hefty fine of up to £20,000.
The fact that your trees are protected by dint of being in a conservation area does not mean that you can’t apply for permission to cut one, or both, of them down. Your LPA may say no but it could be worth a try. You could instead apply for permission to thin the tree to let in more light. If you do decide to serve a section 211 notice, it’s worth getting a professional tree surgeon to do it for you. LPAs expect you to be clear about exactly what work is being proposed. Vague proposals to “prune” or “cut back” won’t be adequate. A professional will know what’s required.
