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Tree Preservation Orders and Trees in Conservation Areas

Tree preservation orders and trees in conservation areas

Do I need consent from the council to carry out works to my tree(s)?
Is my tree(s) protected - by a Tree Preservation Order?
Is my tree(s) protected - within a Conservation Area?
My tree(s) is protected and I want to carry out works to it, how do I go about obtaining consent from the Council
?
Is there a charge for applying for works to a protected tree?
My tree(s) is not protected; can the Council confirm in writing that the tree is not protected?
Can the Council's Arboricultural Officer advise me on the condition of my (protected or unprotected) tree(s)?

I would like the Council to make a Tree Preservation Order on tree(s) I am concerned about. How do I go about it?
Where can I look at a copy of consents given for works to protected tree(s) or trees in conservation areas?
Do the Council give advice on the condition of protected trees, works to be done to them or carry out those works?
Do the Council pay for consented works to protected trees or trees in conservation areas?
New Tree Preservation Order for Cymbeline Way (03/17)

Do I need consent from the council to carry out works to my tree(s)?
You need consent from the Council to carry out works to a tree(s) if it (they) are protected by a Tree Preservation Order; are within a Conservation Area with a stem diameter over 75mm or are subject to a Planning Condition. You do not need consent from the Council to carry out works to trees which can be clearly proven to be dead, or have become dangerous, however if you propose to remove a tree(s) under these exemptions you are advised to give the Council at least 5 days notice, except in an emergency. If you are not sure if the tree will fall you should obtain the advice of an Arboriculturalist or Tree surgeon. For further details please check the Tree Preservation Guidance on the planning practice guidance website

Tree Preservation Guidance

Is my tree(s) protected - by a Tree Preservation Order?
If your tree is protected by a Tree Preservation Order then a copy of the order will be lodged with the deeds of your property and should be used as a definitive answer. You can also check via our website.

Is my tree(s) protected - within a Conservation Area? 
Trees within a Conservation Area with a stem diameter over 75mm are protected; you can check our records for you to see if the trees in question are within a Conservation area on our website.

My tree(s) is protected and I want to carry out works to it, how do I go about obtaining consent from the Council?   
You will need to fill in an application form for works . This is a standard form used by all councils in England. The application process can take up to 8 weeks for a decision to be made once we have received your application and validated it. We respectfully ask that you do not call for an update on the application until the 7th week if you have not heard from us.
Note - a person who does not own the tree(s) can apply for works but would need to obtain consent from the owner and the Council prior to carrying out any works consented to.

Is there a charge for applying for works to a protected tree?
No

My tree(s) is not protected; can the Council confirm in writing that the tree is not protected?
No - as policy the Council do not confirm in writing that individual trees are not protected, this is because copies of tree protection have to be lodged with and can therefore be cross checked against the deeds of the property, if you find no protection order or conservation status within your deeds you can further check by inspecting tree protection details relating to TPO's, Conservation Areas & Planning Conditions on our website or by requesting a copy of the preservation order from our Land Charges team.

Can the Council's Arboricultural Officer advise me on the condition of my (protected or unprotected) tree(s)?
No - for reasons of liability the Council are normally unable to give this type of advice. You will need to take independent advise, e.g. talk to a reputable tree contractor (CBC do not recommend contractors)

I would like the Council to make a Tree Preservation Order on tree(s) I am concerned about. How do I go about it?
Tree Preservation Orders can only be used to protect selected trees and woodlands if their removal would have a significant impact on the local environment and its enjoyment by the public, this primarily relates to trees considered to be under threat. If you think this might be the case please email planning.services@colchester.gov.uk

Where can I look at a copy of consents given for works to protected tree(s) or trees in conservation areas?
Details of all applications made are available below.

Works to trees covered by Preservation Order

Works to trees in Conservation Areas

Do the Council give advice on the condition of protected trees, works to be done to them or carry out those works?
No - it is up to the applicant or their agent (tree surgeon) to assess the condition of trees, any works to be carried out and if necessary - with consent - arrange for them to be undertaken

Do the Council pay for consented works to protected trees or trees in conservation areas?
No

Works are being carried out to a tree(s) protected by a Tree Preservation Order/within a Conservation Area is this allowed?   Note - the Council have no influence over works being carried out to trees that are not protected. Please check on these lists of consented/agreed works before calling our Customer Service Centre on 01206 282222