Introduction
Trees are a notable feature of the natural environment that makes Flaxton a pleasant place in which to live and visit. In the Conservation Area and The Crofts, the trees get special protection via Tree Preservation Order (TPO) planning legislation. Although the trees are on private land, their contribution to the amenity value of the village is what affords them protection, so we can all enjoy their presence and form.
Tree Protection Order
A Tree Preservation Order is an order made by a Local Planning Authority (LPA) in England to protect specific trees, groups of trees or woodlands in the interests of amenity. An Order prohibits the cutting down, topping, lopping, uprooting, wilful damage and wilful destruction of trees without the Local Planning Authority’s (LPA) written consent.
Work on trees having a TPO is tightly controlled by legislation and the LPA can set all sorts of conditions relating to this work. The penalties for carrying out work without permission can be high. Anyone found guilty of these offences is liable, if convicted in the magistrates’ court, to a fine of up to £20,000. In serious cases a person may be committed for trial in the Crown Court and, if convicted, is liable to an unlimited fine.
Trees in a Conservation Area
Trees within Conservation Areas are protected if they meet the minimum size requirements. They must have a trunk diameter of 7.5cm or more measured at 1.5 metres above ground level. If the trees in question measure this size or greater, then they are protected regardless of their species.
Trees in a Conservation Area https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas that are not protected by an Order are protected by the provisions in section 211 of the Town and Country Planning Act 1990 https://www.legislation.gov.uk/ukpga/1990/8/section/211.
The Tree Works Consultation Process
These provisions require people to notify the LPA, using a ‘Section 211 notice’, 6 weeks before carrying out certain work on such trees, unless an exception applies.
The work may go ahead before the end of the 6-week period if the LPA gives consent. This notice period gives the authority an opportunity to consider whether to make an Order on the tree (see Flowchart in Appendix 1).
You therefore need planning permission to carry out any work on a tree protected by Tree Preservation Order or a protected tree in the Conservation Area. Enforcement of this is by the LPA on the advice of its Trees Officer.
The authority can deal with a section 211 notice in one of three ways. It may make a TPO if justified in the interests of amenity, preferably within 6 weeks of the date of the notice; decide not to make an Order and inform the person who gave notice that the work can go ahead; or decide not to make an Order and allow the 6-week notice period to end, after which the proposed work may be done within 2 years of the date of the notice.
In practice, TPOs are rarely made unless there is a real threat to the tree involved. Usually, the applicant can be persuaded by the Trees Officer to modify the section 211 notice to remove the threat of damaging actions or to clarify the exact extent of the intended works. To this end, applicants are advised to use the Application for Tree Works and Notification of Proposed Works to Trees in Conservation Areas Form in Appendix 2, which also provides a link to the guidance notes.
You can also submit a Section 211 notice online via the Planning Portal. Notification of proposed works to trees in conservation areas – Planning Portal. The Portal gives access to maps to accurately locate trees then all you need to do is attach scans of sketch maps and tree locations and identification.
Ancient trees, those that have reached great age relative to their species, and veteran trees, which show signs of age or historic value, are often granted extra protection. They may not have TPOs, but they are recognised as irreplaceable habitats under UK planning policy. The two largest black poplars on the Green are ancient trees.
Evaluation of a Tree
How does the LPA decide whether a tree in a conservation area merits a Tree Preservation Order?
The authority’s main consideration should be the amenity value of the tree. In addition, authorities must pay special attention to the desirability of preserving or enhancing the character or appearance of the Conservation Area. However, even if the tree’s amenity value may merit an Order, the authority can still decide that it would not be expedient to make one.
The Tree Evaluation Method for Protection Orders (Tempo) may be used to determine whether a tree merits a TPO (See Tempo Assessment Form in Appendix 3).
Role of Flaxton Parish Council in the Consultation
Flaxton Parish Council (FPC) has no defined role in relation to works on trees subject to TPO or in a Conservation Area; but should be consulted by the LPO about this as part of the consultation process in relation to applications for planning permission. Since the appearance and amenity value of the village are material planning considerations, FPC should be prepared to give local views in relation to Tree Works planning applications. However, in relation to tree works in a Conservation Area, the FPC should note that they have no planning role except to recommend use of a Tree Preservation Order.
Unauthorised Tree Works
A difficulty arises locally when it appears that tree works are being carried out, or about to be carried out on protected trees without planning permission and how this work is drawn to the attention of the Parish Council. If it is a visual amenity to the public, i.e. clearly visible from a public open space, footpath or road and a section 211 notice has not been notified to the Parish Council, then the operator of the works should be informed that the LPA Trees Officer will be informed by the Parish Council or others immediately.
It is an offence to cause or permit prohibited tree work. Furthermore, under Section 44 of the Magistrates’ Courts Act 1980, any person who ‘aids, abets, counsels or procures the commission by another person of a summary offence shall be guilty of the like offence’. Therefore, it is our civil responsibility if we believe that an offence is being committed to encourage abidance with the law and report it to the appropriate authority for enforcement if it continues.
Timing of Tree Works
Between March and August, many tree species serve as nesting sites for birds. Under the Wildlife and Countryside Act 1981, it is illegal to disturb or destroy active bird nests, regardless of whether the tree itself is protected. This means even non-protected trees should be left alone if there’s a chance of active nesting. Tree surgeons will often check thoroughly before starting any work, and councils may step in if nesting is reported.
Bats rely heavily on trees for roosting, foraging, and navigating, making tree conservation essential for bat populations. Approximately 75% of bat species in the UK roost in trees. They utilise various features such as cavities, crevices, and loose bark for shelter. Trees like oak, beech, and ash are particularly suitable due to their structural characteristics. Trees provide essential habitats that attract a diverse range of insects, which are the primary food source for bats. Bats often forage in the canopy during warmer months and may roost in different parts of the tree depending on the season. In summer, breeding females prefer warmer roosts in the upper canopy, while in winter, bats may move to lower, cooler areas of the tree to hibernate.
Bats are protected under UK law, which mandates that any tree work must consider the potential presence of bats. This includes conducting surveys before tree felling or significant pruning.
Appendices
The three appendices referenced in these guidance notes are contained in the attachment below.
