Trees in Conservation Areas — Section 211 Notices and When You Need Permission
If you own or are renovating a property in a conservation area, one of the easiest planning mistakes to make is assuming that because a tree is in your own garden, you can do whatever you like with it. That assumption can lead to an unlimited fine. Tree protection in conservation areas is one of the less well-known corners of planning law — but it applies to every property in a designated area, and ignorance is no defence.
Here is what you need to know before any tree work begins.
The Legislative Basis: Section 211 of the Town and Country Planning Act 1990
The protection comes from section 211 of the Town and Country Planning Act 1990 (TCPA 1990). This section requires that anyone intending to cut down, uproot, top, lop, or otherwise carry out works to a tree in a conservation area must give the Local Planning Authority (LPA) six weeks' written notice before doing so — provided the tree has a trunk diameter of more than 75mm measured at 1.5 metres above ground level.
The notice itself is commonly called a "section 211 notice" or a "CA tree notice." The procedural detail — the form it takes, what must be included, and how it is submitted — is set out in the Town and Country Planning (Tree Preservation) (England) Regulations 2012, specifically regulation 11. But the underlying duty to give notice is found in TCPA 1990 s.211. Both references are accurate; they address different layers of the same obligation.
Why Six Weeks? What the LPA Does in That Period
The six-week notice period is not a formality. It exists to give the LPA an opportunity to assess the tree and decide whether it merits a Tree Preservation Order (TPO). If the LPA considers the tree to be of sufficient amenity value, it can make a TPO during those six weeks, at which point the tree becomes a protected tree under a separate and more rigorous regime. Work on a TPO tree requires specific consent from the LPA, not merely a notice.
If the LPA does nothing within the six weeks, you are free to carry out the proposed works — though this does not mean the LPA has approved what you are doing; it simply means they have not intervened. If they later make a TPO on the tree after you have commenced work, you would still be required to stop.
You can also apply for a no-objection confirmation before the six weeks are up, and some LPAs issue these promptly, which can speed up your project timeline.
What Works Are Exempt From the Section 211 Notice Requirement
Not all tree work in a conservation area triggers the notice requirement. The following exemptions apply under TCPA 1990 and the 2012 Regulations:
Dead trees. If a tree is dead, no notice is required. However, you would be well advised to have an arboricultural assessment confirming death before relying on this exemption, as what appears dead from the outside may still be a living tree.
Dying or dangerous trees. Works carried out to remove a tree that is in such a condition that it presents an immediate risk to persons or property are exempt — but only where that urgency genuinely exists. Routine pruning motivated by inconvenience does not qualify. If you rely on this exemption, keep a written arboricultural report as evidence.
Works on trees with a trunk diameter of 75mm or less at 1.5m from ground. Small trees are outside the section 211 regime entirely, though they may still be subject to TPO protection if one has been placed on them individually.
Works carried out within 3m of the ground on a tree with a trunk diameter no greater than 100mm, where the purpose is to improve the growth of other trees — a narrow exemption relevant mainly to woodland management.
TPOs vs CA Trees: Related but Different
It is worth being clear on the distinction between a TPO tree and a CA tree, because clients often conflate the two.
A TPO is a specific Order made by the LPA naming particular trees or groups of trees. It provides strong protection: you must apply for consent, with full supporting information, before carrying out any works, and the LPA can refuse. The penalties for breaching a TPO are the same as for breaching the section 211 regime — unlimited fine on summary conviction — but the procedural route to getting permission is different (a consent application under the TPO regulations, not merely a notice).
A CA tree is any tree in a conservation area that meets the diameter threshold. It has protection by operation of law, without any Order needing to be made. The protection is triggered by the location of the tree, not by a specific decision about that tree. A tree can be both a CA tree and a TPO tree if the LPA has also placed an Order on it.
The Consequences of Getting It Wrong
Section 210 of the TCPA 1990 makes it a criminal offence to carry out works on a CA tree without giving the required notice, or to carry out works in breach of a TPO. On summary conviction in a Magistrates' Court, the fine is unlimited — calculated with regard to any financial benefit arising from the offence. This is not a minor administrative sanction; prosecutions do happen, particularly in conservation areas where neighbours and local amenity societies are vigilant.
Beyond the criminal exposure, an LPA can also require replacement planting under section 206 TCPA 1990, requiring you to plant a tree of an appropriate size and species to replace the one you removed.
What This Means at Pre-Construction Stage
At RCB, we flag CA tree issues as a standard part of our pre-construction review. Before any enabling or clearance works begin on a conservation area site, we establish whether trees on or adjacent to the site are subject to CA notice requirements or existing TPOs. This includes trees overhanging the boundary from neighbouring properties — works that affect overhanging branches may still require notice or consent depending on the protected status of the tree.
We also co-ordinate the section 211 notice timing into the project programme so that the six-week period does not create an unexpected delay once work is ready to start. If you are purchasing a property in a conservation area and intend to clear vegetation, this is something to check before exchange — not after.
RCB Design & Build | A2Z Principal Contractors | rcbgroup.co.uk Contact us for pre-construction advice on conservation area projects across Greater London and surrounding counties.