Trees in our area
As we are in a Conservation Area you need permission to trim or cut down the trees in your garden. The law applies to any tree in which the trunk has a diameter of 75mm (3 inches) or more. You must give Croydon Council six weeks notice in writing before work starts. The application process is simple and straightforward. Many people are unaware of the law so please tell your neighbours. The Legal requirement is as follows: https://www.croydon.gov.uk/environment/treesandlandscape/conareas Trees in conservation areas You must give the council six weeks written notice prior to carrying out work to trees in a conservation area. The simplest way of giving the council notice is by completing the application form for tree work. We would always recommend that you apply online via the planning portal website. But you can also use the 'paper form chooser' on the planning portal site to download forms as pdf documents allowing you to print them out. To find out if your property is in a conservation area contact the development management team using the details below or go to the 'Conservation areas in Croydon' webpage. A fine of up to £20,000 can be imposed for destroying or cutting down a tree in a conservation area without consent. A fine of up to £2,500 can be imposed for pruning a tree without consent. |
Croydon Council
Contact: Development Management Telephone: 020 8726 6800 Email: [email protected] Address: 6th Floor, Zone A/B, Bernard Wetherill House, 8 Mint Walk, Croydon CR0 1EA * Croydon Council - Download PDF "paper form chooser" on the planning portal site. Paper Application / email is FREE.
* Croydon Council - apply on-line via Planning Portal £99 application fee
The Government has added detailed guidance for trees in conservation areas.
https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas |
The Government has added detailed guidance for trees in conservation areas.
https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas
It includes the following points:
Please note a tree is covered when the trunk is 75mm diameter (3 inches).
What about trees in a conservation area that are not protected by a Tree Preservation Order?
Trees in a conservation area that are not protected by an Order are protected by the provisions in section 211 of the Town and Country Planning Act 1990. These provisions require people to notify the local planning authority, 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 local planning authority gives consent. This notice period gives the authority an opportunity to consider whether to make an Order on the tree.
Paragraph: 116 Reference ID: 36-116-20140306
Revision date: 06 03 2014
Does the local authority have to keep a register of section 211 notices?
The authority must keep available for public inspection a register of all section 211 notices. Authorities are encouraged to make these registers available online. The register should include:
the date of the section 211 notice;
the name of the person who served it;
the address of the land where the tree stands;
the proposed work;
sufficient information to identify the tree;
the authority’s decision (if any);
the date of the authority’s decision date (if any); and
an index for tracing entries.
Paragraph: 129 Reference ID: 36-129-20140306
Revision date: 06 03 2014
Does the local authority have to publicise section 211 notices?
A section 211 notice does not need to be publicised. However the authority can consider publicising a section 211 notice in order to seek the views of local residents, groups or authorities, particularly where there is likely to be public interest.
Paragraph: 130 Reference ID: 36-130-20140306
Revision date: 06 03 2014
Exceptions relating to section 211 notices
Is a section 211 notice required for a tree of any size?
People are not required to submit a section 211 notice to the local planning authority for:
the cutting down, topping or lopping or uprooting of a tree whose diameter does not exceed 75 millimetres; or
the cutting down or uprooting of a tree, whose diameter does not exceed 100 millimetres, for the sole purpose of improving the growth of other trees (eg thinning as part of forestry operations).
In either case, the diameter of the tree is to be measured over the bark of the tree at 1.5 metres above ground level. These exemptions do not apply in circumstances where a tree has more than one stem at a point 1.5 metres above the natural ground level if any stem when measured over its bark at that point exceeds the relevant minimum.
Paragraph: 131 Reference ID: 36-131-20140306
Revision date: 06 03 2014
Is a section 211 notice required for work to dead or dangerous trees in conservation areas?
Unless there is an immediate risk of serious harm, anyone proposing to carry out work on a tree in a conservation area on the grounds that it is dead must give the authority 5 days notice before carrying out the proposed work. Where such a tree requires urgent work to remove an immediate risk of serious harm, written notice is required as soon as practicable after the work becomes necessary.
Paragraph: 133 Reference ID: 36-133-20140306
Revision date: 06 03 2014
Is a section 211 notice needed where a planning application includes tree work in a conservation area?
An authority may treat a planning application for development in a conservation area that includes specified tree work as a section 211 notice if the applicant has clearly stated that it should be considered as such. However, if work is proposed to trees other than those immediately affected by a proposed development then a separate section 211 notice should be submitted. Where an authority has granted planning permission for development in a conservation area, only tree works necessary to implement the development may be carried out. The authority may use conditions or informatives attached to the permission to clarify this requirement.
Paragraph: 134 Reference ID: 36-134-20140306
Revision date: 06 03 2014
https://www.gov.uk/guidance/tree-preservation-orders-and-trees-in-conservation-areas
It includes the following points:
Please note a tree is covered when the trunk is 75mm diameter (3 inches).
What about trees in a conservation area that are not protected by a Tree Preservation Order?
Trees in a conservation area that are not protected by an Order are protected by the provisions in section 211 of the Town and Country Planning Act 1990. These provisions require people to notify the local planning authority, 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 local planning authority gives consent. This notice period gives the authority an opportunity to consider whether to make an Order on the tree.
Paragraph: 116 Reference ID: 36-116-20140306
Revision date: 06 03 2014
Does the local authority have to keep a register of section 211 notices?
The authority must keep available for public inspection a register of all section 211 notices. Authorities are encouraged to make these registers available online. The register should include:
the date of the section 211 notice;
the name of the person who served it;
the address of the land where the tree stands;
the proposed work;
sufficient information to identify the tree;
the authority’s decision (if any);
the date of the authority’s decision date (if any); and
an index for tracing entries.
Paragraph: 129 Reference ID: 36-129-20140306
Revision date: 06 03 2014
Does the local authority have to publicise section 211 notices?
A section 211 notice does not need to be publicised. However the authority can consider publicising a section 211 notice in order to seek the views of local residents, groups or authorities, particularly where there is likely to be public interest.
Paragraph: 130 Reference ID: 36-130-20140306
Revision date: 06 03 2014
Exceptions relating to section 211 notices
Is a section 211 notice required for a tree of any size?
People are not required to submit a section 211 notice to the local planning authority for:
the cutting down, topping or lopping or uprooting of a tree whose diameter does not exceed 75 millimetres; or
the cutting down or uprooting of a tree, whose diameter does not exceed 100 millimetres, for the sole purpose of improving the growth of other trees (eg thinning as part of forestry operations).
In either case, the diameter of the tree is to be measured over the bark of the tree at 1.5 metres above ground level. These exemptions do not apply in circumstances where a tree has more than one stem at a point 1.5 metres above the natural ground level if any stem when measured over its bark at that point exceeds the relevant minimum.
Paragraph: 131 Reference ID: 36-131-20140306
Revision date: 06 03 2014
Is a section 211 notice required for work to dead or dangerous trees in conservation areas?
Unless there is an immediate risk of serious harm, anyone proposing to carry out work on a tree in a conservation area on the grounds that it is dead must give the authority 5 days notice before carrying out the proposed work. Where such a tree requires urgent work to remove an immediate risk of serious harm, written notice is required as soon as practicable after the work becomes necessary.
Paragraph: 133 Reference ID: 36-133-20140306
Revision date: 06 03 2014
Is a section 211 notice needed where a planning application includes tree work in a conservation area?
An authority may treat a planning application for development in a conservation area that includes specified tree work as a section 211 notice if the applicant has clearly stated that it should be considered as such. However, if work is proposed to trees other than those immediately affected by a proposed development then a separate section 211 notice should be submitted. Where an authority has granted planning permission for development in a conservation area, only tree works necessary to implement the development may be carried out. The authority may use conditions or informatives attached to the permission to clarify this requirement.
Paragraph: 134 Reference ID: 36-134-20140306
Revision date: 06 03 2014