tree house in conservation area

[treequip]

I see. Although, these seem to me to be quite similar: either you notify and see whether you are allowed to go ahead, or you apply for consent and see whether you are allowed to go ahead. Either way it's at the discretion of the LA, how is it a lesser degree of protection in a CA?

 

If the tree is subject to a TPO the LA can dictate what you can and cant do, in a conservation area you get to say what you want to do and they get to say yes or no.

 

Many trees in a conservation area are of lower amenity value and as such if a notification to fell were presented the LA would probably allow it rather than make an order then loose at appeal

 

Not that this is significant to you, a "211" to put lag hooks into a tree for a tree house is going to be frowned upon, have you considered other methods?

[beechwood]

With a TPO you have to ask can I do x because ... and the LPA say yes or no

In a CA you have to say I'm going to do x in six weeks and the LPA have to TPO the tree within the six weeks to stop you

If they don't TPO the tree or respond you can go ahead

Normally if they are not going to TPO the tree they send a letter saying they have no objection to what you plan to do

 

But in my experience tree houses require Planning permission

[daltontrees]

There clearly wouldn't be any acts deliberately intended to cause damage, but with any invasive technique there is a risk of harming the tree eg: through accidentally allowing disease introduction, although its a risk that seems hard to quantify. If a tree eventually dies as a result of my tree house, isn't that the point at which i'd fall foul of the law?

Putting aside the question of applying for planning for the treehouse, if I take all reasonable precautions to minimise harm to the tree, why would I need to notify, the council since it is not tree work per se?

That is my point precisely.

I really don't like to disagree with people on this Forum who probably know a lot more than me about English practice, but if what you propose is not one of the prohibited acts in a TPO (and these are therefore prohibited in a CA without prior notification) and does not wilfilly cause damage and does not damage the amenity of the tree, there is legally no basis for notifying the LPA. I don't therefore see how the LPA would be troubled by a few correctly chosen and carefully placed bolts. I suppose it all comes down to the definition of damage, because I suspect that no-one would wilfully put up a tree house with the objective of damaging the tree and causing it to fail and the tree house to fall down, occupants and all.

[daltontrees]

Dang, I meant to add this. Tree houses tend to be lofty perches visible from afar and overlooking adjacent gardens. For this reason alone I would be surprised if most LPAs don't consider them as requiring planning permission. They seem to be outwith teh Permitted Development rules. However, if the same tree house cold be built on stilts or bolted to the tree, it would be the visibility and the overlooking that would be the main consideration, not the method of support. And if the tree isn't visible from a public place, surely the grounds for TPOing it are slight? Could a LPA, on getting a planning application for a treehouse that is acceptable in general planning terms of overlooking and visibility but such an intrusion to the amenity the tree provides for the public benefit, TPO a tree to prevent invasive supports being attached to the tree?

[kevinjohnsonmbe]

I built a treehouse for my kids a couple of years ago and one of my neighbours complained to my local LPA

Caused a lot of grief, planning enforcement officers came round, in the end I had to submit a retrospective planning application as it was a raised platform over 300mm high

 

So in my experience

 

Planning application required and as part of that you may be required to provide an Arboricultral method statement.

 

Good luck

 

This sums it up perfectly! A raised platform above 300mm (even the installation of garden decking) requires Building Regs compliance; you WILL need to notify building control. If its a CA you should notify the LA. Building control & LA awareness means there's no way you can keep it below the radar so why not grasp the nettle, engage the LA tree & planning officers and do it right to avoid the hassle of either having to seek retro approval, remove it or potentially face enforcement action. Do it once, do it right!

[Ian Flatters]

i've done some, if the height of its over 4m from ground level and less that 2m from a boundary you will require planning for its construction.

[rsk]

thanks for all the replies. I have advised the client to go for the option of treehouse on stilts, not connected to the trees. In terms of applying for planning, that is (as i understand it) between the client and the LA. Whereas if it involved treework/ damage, it would be between me (the contractor) and the LA.

[10 Bears]

if the height of its over 4m from ground level and less that 2m from a boundary you will require planning for its construction.

 

The law changed about 18 months ago as someone alluded to earlier. Its now any 'raised platform' including garden decking, will need full planning permission so this tree house will undoubtedly fall in to this remit.

 

From reading the other comments, its fair to say that generally people don't understand what a Conservation Area is for - so Ill summarise briefly.

 

- A CA primarily protects the buildings (often also listed but not always) and the genus loci of a specific area

 

- Trees inside it are not automatically TPO'ed. However, work to them is notifiable to the TO with 6 weeks notice

 

- A tree below 75mm in diameter at 1.5m from the ground can be worked on - but its good practice to informally notify in any case. Anything over the 75mm is protected by the terms of the CA (not TPO'ed) as felling/damaging/altering them would affect the nature of the CA itself

 

Installing bolts into a tree is wilful damage and is therefore prosecutable. Erecting a tree house will change the nature of the CA and to do so without planning permission will also attract the interest of the planning enforcement team, and is also therefore prosecutable.

 

So, don't touch this work (even on stilts!) until all the appropriate permissions are in place as though you are not the owner, you are the professional carrying out the work so are by strict liability, committing the offence if you carry out the work. The owner would also be prosecuted.

[kevinjohnsonmbe]

The law changed about 18 months ago as someone alluded to earlier. Its now any 'raised platform' including garden decking, will need full planning permission so this tree house will undoubtedly fall in to this remit.

 

You're almost correct there, the 'structure >300mm above ground level' part WILL require Building Control, it may or may not require planning consent dependent upon the specific circumstances.

[10 Bears]

You're almost correct there, the 'structure >300mm above ground level' part WILL require Building Control, it may or may not require planning consent dependent upon the specific circumstances.

 

Well, this is in fact dependent on where you are and the whims of your LPA. A more detailed overview of the situation regarding tree houses (play houses) is provided by a specialist company in this sector:

 

- The structure must be less than 4 metres high to the top of a ridged roof if it is to be beyond 2 metres from a boundary. If it has a flat roof the maximum height should be 3 metres.

- The structure must be less than 2.5 metres high if within 2 metres from the boundary

- The playhouse should be 5 metres away from the dwelling.

- The playhouse must not be sited between the dwelling and the main highway.

- The playhouse does not have a floor area in excess of 30 square metres.

If the playhouse has a floor area of more than 20 square metres it should be 1 metre from the boundary.

- Platforms above 30cm need planning permission.

Source: The Play House Company

 

Now that gets us back to the issue of the over 30cm needing permission - so lets consult the Planning Portal via this link which supports the information given above, but what it doesnt do is stipulate a tree house, which is why we need to know the individual views of the Planning Officer that comes to visit as simply they will tell you their interpretation of the regs.

 

Further investigation of the Planning Portal again suggests that decking or platforms in the garden are subject to planning dependent on certain conditions:

- The decking is no more than 30cm above the ground

- Together with other extensions, outbuildings etc, the decking or platforms cover no more than 50 per cent of the garden area.

Source: Planning Portal

 

And is you want some media coverage on the issue, you could consult the Telegraph, who ran the story "All tree houses need full planning permission"

 

So, based on the limited information given in the original query, and assuming that the tree house is to be situated in England and all other matters considered...

 

You're almost right.

Edited June 15, 2013 by 10 Bears