Conservation Protected Trees Guidance Notes

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Last revised: 7 October 2008

A Picture of a Protected Tree

You will need to complete this form if you wish to undertake felling or tree surgery work to trees covered by a Tree Preservation Order, or located within a Conservation Area.

Exemptions

Tress that are dead, dying and immediately dangerous, trees in commercial orchards and the pruning of all fruit trees in accordance with good horticultural practice do not require formal consent. However, you should notify the Council at least five days prior to undertaking any work to such trees. Although formal consent is not required, you must be able to demonstrate to the Council that the work is exempt. In certain circumstances you may be required to plant a replacement tree.

A)Trees in Conservation Areas

The Council requires six weeks written notification prior to felling or undertaking tree surgery works to trees located within a Conservation Area. Any tree with a trunk diameter less than 75mm at 1.5 metres in height does not require notification.

If felling or uprooting is to be carried out as part of a thinning exercise, to give space to other trees to grow, a minimum trunk diameter of 100 mm at 1.5 metres in height is permitted before a notification will be required. Following registration, your application will usually be determined within a six-week period, allowing 21 days for public consultation. During this period, the trees will be inspected by a Council Officer to assess your proposal. If the Council raises no objection, or has not notified you within six-weeks of registration, the works may proceed as stated within the notification. The works must be carried out and completed within 2 years of registration, otherwise a further notification will be required.

If the Council raises an objection to the notification, it will issue a Tree Preservation Order prohibiting you from undertaking the work.

B) Trees covered by a Tree Preservation Order

You will need to make a formal written application to the Council if you wish to fell or prune a tree or trees covered by a Tree Preservation Order (TPO). Unlike trees in Conservation Area's, TPO's may cover trees of all sizes.

Upon registration, your application will usually be determined within an eight-week period, allowing 21 days for public consultation. Again, the trees will be inspected by a Council Officer who will assess your proposals.

Once the application has been determined, you will be issued with a decision notice, which will state whether your application has been granted consent (subject to conditions) or refused. Should you wish to appeal against imposed conditions or a refusal notice, this should be made in writing to the Secretary of State for the Environment within 28 days of receipt of the notice.

Unlike Conservation Area notifications, the work cannot be undertaken until the Council has issued a decision notice, even if this takes longer than eight weeks.

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COMPLETING THE APPLICATION FORM

Please ensure that your application/notification is completed in line with the following guidelines as this will enable us deal with the matter as quickly as possible and ensure a prompt response. Please delete the heading as appropriate stating if the tree(s) is/are located within a Conservation Area or covered by a Tree Preservation Order. If the tree is covered by both, the Tree Preservation Order prevails over the Conservation Area.

Three copies of the application form and plans must be submitted.

1. Please state your name, address, telephone number and post code clearly within the boxes provided. Your agent may be the tree surgery contractor undertaking the work on your behalf.

2. Location of trees – please insert the address of the site where the tree(s) are situated.

ALL application to the Planning Department must be accompanied by three copies of a suitable plan(s) sufficient to identify the site and to describe the tree work you are proposing. The plan(s) will accurately identify the boundaries of the site and must clearly show the position of the tree(s) in question, existing buildings on the site and any adjoining or nearby buildings. Such plans are usually drawn to a scale of 1:200 or 1:500. Applications/notifications without adequate plans cannot be registered.

3. Please state in as much detail as possible, the type of work that you wish to carry out, and indicate clearly the tree(s) to which the application/notification relates.

4. Finally, please state clearly your reasons for the proposed work.

Note: For felling large trees or numbers of trees a Felling Licence may be required from the Forestry Commission.

Should you require any further assistance on protected trees within the Kennet District, please contact the Arboricultural Officer on 01380 724911

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Further information

The Council is committed to promoting equal opportunities for its employees and the community it serves. The Council’s equal opportunities policy seeks to ensure that no discrimination is permitted on the grounds of colour, race, nationality, ethnic origin, marital status and sex. Its Race Policy aims to ensure that all services are provided on a racially just basis.

Three copies of the signed forms and three set of drawing(s) should be sent to:

The Planning Services Manager,
Kennet District Council,
Browfort,
Bath Road,
Devizes,
Wiltshire. SN10 2AT.
Phone: 01380 724911
E-mail: conserve@kennet.gov.uk Web: www.kennet.gov.uk
The Council’s opening hours are:

8.30 am – 5.30 pm Monday – Thursday
8.30 am – 5.00 pm Friday.

Follow here for works to protected trees form. (pdf, 632 KB)    Follow here for works to protected trees guidance notes. (pdf, 119 KB)