urgent help with hedges in a conservation area

[skyhuck]

But even if the tree in the conservation are has no TPO, you are still obliged to apply to the council for permission to carry out work on it, and the council then have 6 weeks to decide whether or not to put a TPO on. In that 6 weeks, while waiting to hear from the council, you can't do anything. So, in a way, conservation area riles are harsher. If NOT in a conservation area, and there is no TPO then you can do what you want.

 

Its a "notification", not an "application".

[Rich2484]

If they get the right tree in the first place. Had a tpo on a beach tree in a garden. Well I couldn't see it, saw a big old ash that was being topped but no beach. Called them up and said its the wrong tree, there reply was if it isn't the beach tree do what you want to it........ Didn't even come out and look.

[lawranced1]

You are separating TPO's and conservation areas, but as Tony pointed out in an earlier post the councils only way of stopping you from carrying out tree works in a conservation area is to put a TPO on the trees concerned, so there really is no difference.

 

There is a difference, you may be allowed to cut tree shrubs whatever but you might not be allow to access them due to the conservation rules/restrictions, it's not always up to the council to decide it may be a third party natural england for example!

[skyhuck]

There is a difference, you may be allowed to cut tree shrubs whatever but you might not be allow to access them due to the conservation rules/restrictions, it's not always up to the council to decide it may be a third party natural england for example!

 

I think you are getting confused with SSSI's or something, not conservation areas

[lawranced1]

I think you are getting confused with SSSI's or something, not conservation areas

 

 

If an area is defined as a conservation area it can include

 

Area of Outstanding Natural Beauty (AONB)

Environmentally Sensitive Area

Local Nature Reserve (LNR)

Marine Nature Reserve (MNR)

National Nature Reserve (NNR)

National Scenic Area (Scotland) (NSA)

Nitrate Vulnerable Zone (NVZ)

Site of Special Scientific Interest (SSSI)

 

The law requires that anyone proposing to cut down or carry out any work on ANY tree in a conservation area must give the Council six weeks notice of their intentions. Work may only be undertaken either when permission has been given or the six weeks has expired. Penalties: For cutting down or destroying a tree, a fine of up to £20,000 can be imposed – and the landowner is also required to replace the tree that was removed. For less serious offences, the penalty is a fine of up to £2,500.

[lawranced1]

before anyone says it....

 

A tree is a perennial woody plant. It is most often defined as a woody plant that has many secondary branches supported clear of the ground on a single main stem or trunk with clear apical dominance.[1] A minimum height specification at maturity is cited by some authors, varying from 3 m[2] to 6 m;[3] some authors set a minimum of 10 cm trunk diameter (30 cm girth).[4] Woody plants that do not meet these definitions by having multiple stems and/or small size are usually called shrubs, although many trees such as mallee do not meet such definitions. Compared with most other plants, trees are long-lived, some reaching several thousand years old and growing to up to 115 m (379 ft) high.[5]

[skyhuck]

If an area is defined as a conservation area it can include

 

Area of Outstanding Natural Beauty (AONB)

Environmentally Sensitive Area

Local Nature Reserve (LNR)

Marine Nature Reserve (MNR)

National Nature Reserve (NNR)

National Scenic Area (Scotland) (NSA)

Nitrate Vulnerable Zone (NVZ)

Site of Special Scientific Interest (SSSI)

 

The law requires that anyone proposing to cut down or carry out any work on ANY tree in a conservation area must give the Council six weeks notice of their intentions. Work may only be undertaken either when permission has been given or the six weeks has expired. Penalties: For cutting down or destroying a tree, a fine of up to £20,000 can be imposed – and the landowner is also required to replace the tree that was removed. For less serious offences, the penalty is a fine of up to £2,500.

 

Where are you getting this from??

 

You seem very confused, conservation areas are about maintaing the character of an area, it includes walls,buildings,street furniture,etc,etc.

 

You need permission for conservatories a to change the external colour of your house etc.

 

You do need "permission" to carry out tree work, you must give the council notice of your intention to carry out tree works, the council can then place TPO on the tree, you would then need to apply to carry out the work.

 

The fines are TPO fines, if you fell a tree in a CA without notification the tree is treated as though it was TPO'd.

[Pedroski]

Its a "notification", not an "application".

OK, so you're obliged to notify the local authority of your intention to do the works in the conservation area. Same difference. Just read the following passage, and you will see that you can't just do what you like in a conservation area.

 

"What protection is given to trees in conservation areas?

 

No cutting, removal, wilful damage or destruction of any tree over 75mm in diameter at 1.5m above ground level is allowed without giving prior notification to the LPA (a section 211 notice). The LPA then has 6 weeks to decide whether the tree should be made the subject of a Tree Preservation Order. There are a few exceptions to these restrictions, and it is advisable to seek the advice of the LPA. Any person doing anything to a tree in a conservation area that would normally be prohibited by a TPO can be prosecuted, unless permission has been given by the LPA or six weeks have elapsed since notice of intention to carry out the work was submitted and there has been no reply from the LPA." (Trees in Conservation Areas )

 

If you're working in a conservation area, then just check with the local authority. Where's the big deal?

[skyhuck]

OK, so you're obliged to notify the local authority of your intention to do the works in the conservation area. Same difference. Just read the following passage, and you will see that you can't just do what you like in a conservation area.

 

"What protection is given to trees in conservation areas?

 

No cutting, removal, wilful damage or destruction of any tree over 75mm in diameter at 1.5m above ground level is allowed without giving prior notification to the LPA (a section 211 notice). The LPA then has 6 weeks to decide whether the tree should be made the subject of a Tree Preservation Order. There are a few exceptions to these restrictions, and it is advisable to seek the advice of the LPA. Any person doing anything to a tree in a conservation area that would normally be prohibited by a TPO can be prosecuted, unless permission has been given by the LPA or six weeks have elapsed since notice of intention to carry out the work was submitted and there has been no reply from the LPA." (Trees in Conservation Areas )

 

If you're working in a conservation area, then just check with the local authority. Where's the big deal?

 

Who said it was a big deal:confused1:

 

It was you who said it was a "minefield", not me.

 

As your quote says "trees" not shrubs

Edited January 24, 2012 by skyhuck

[Pedroski]

 

As your quote says "trees" not shrubs

 

And a hedge ain't a shrub!

 

Anyway, I'm going into to hospital at 7 in the morning for a cardiac catheterised angiogram..... so I s'pose I better get some kip.....