'Conservation Area' means that the special architectural or historic interest of a designated area is safeguarded. It is the general ambience or character of an area as a whole, rather than individual buildings, which are protected.
Is the Council responsible for trees within Conservation Areas?
No, the owner remains responsible for the trees, their condition and damage they may cause. The Conservation Area status ensures that the Council are given sufficient notice of intended works to trees to allow the trees to be protected if this is deemed necessary.
Will the Council pay or contribute towards the cost of any works?
Unfortunately not. East Lindsey District Council can however provide free advice and guidance on the tree's management.
What if I want to undertake works to a tree within a Conservation Area?
If a tree located within a Conservation Area is already the subject of a Tree Preservation Order (TPO) then this tree is automatically covered by the TPO legislation. If no TPO exists, then prior to carrying out any works to the tree, 6 weeks notice must be made in writing to the Local Planning Authority (LPA), describing the trees and works to be carried out. See the 'Trees within Conservation Areas' section for how to make a notice.
What happens once I have applied?
Once a completed notice has been received by the Local Planning Authority, it will be added to the register of notices. A letter of acknowledgement will then be sent to the applicant, explaining the procedure and when they can expect a decision.
How long does the process normally take?
The Council has a period of 6 weeks in which to consider the importance of the tree to the amenity of the Conservation Area. During this time the Parish/Town Council will be asked for their views. If it is considered that the intended works are unsuitable, then the LPA has the opportunity to serve a Tree Preservation Order. YOU CANNOT CARRY OUT THE WORKS UNTIL YOU HAVE RECEIVED WRITTEN CONFIRMATION THAT THE WORKS MAY PROCEED, OR UNTIL AFTER THE SIX WEEKS HAS ELAPSED.
Are there any exemptions, when written notice is not required?
Yes, there are a number of exemptions to the need for the LPA's consent. Below is an overview of the some of the most important ones;
There is an exemption for where a tree is dangerous, although this is only where the tree is immediately dangerous. If relying on this exemption you are advised to inform the Council as soon as possible, and to retain evidence of the need for this work. If at all possible, consult the Council prior to undertaking the work to avoid the possibility of legal action.
There is also an exemption for working on trees with stem diameters of less than 75mm (measured 1.5m from ground level).
Additonally, if the works being carried out are to help promote the growth of other trees then trees with stem diameters of less than 100mm (at 1.5m) may be removed or pruned.
If you have any further questions or would like to discuss any aspect of Trees within Conservation Areas, please contact East Lindsey District Council on either 01507 601111 or trees@e-lindsey.gov.uk
