Statutory Diligence GuideUpdated October 2026

What Are the Tree Preservation Rules in Conservation Areas?

Statutory Source: Town and Country Planning Act 1990 Section 211
Direct Statutory Answer (The Short Version)

In a designated UK Conservation Area, all trees with a trunk diameter exceeding 75mm (measured 1.5m above ground level) receive automatic statutory protection under Section 211 of the Town and Country Planning Act 1990. You must give your Local Planning Authority at least 6 weeks written notice before carrying out any work.

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How Conservation Area Tree Protections Function

Conservation Areas are designated by local planning authorities to preserve historical, architectural, and environmental character under the Planning (Listed Buildings and Conservation Areas) Act 1990.

Unlike standard land where trees require an individual Tree Preservation Order (TPO) to receive legal protection, trees within a Conservation Area are automatically protected en masse by statutory law.

This means you cannot cut down, top, lop, uproot, wilfully damage, or prune any tree meeting the size threshold without first submitting a formal Section 211 Notice to your local council.

Statutory Trunk Measurement Thresholds in Conservation Areas
Tree Status / ScenarioTrunk Diameter Threshold (at 1.5m)Section 211 Notice Required?Statutory Exceptions
Single Standard TreeOver 75mm (approx 3 inches)YES (Mandatory 6-week notice)Dead or dangerous trees (subject to 5-day notice)
Woodland Thinning / CoppicingOver 100mm (approx 4 inches)YES (If cutting trees over 100mm)Thinning carried out to improve remaining trees
Fruit Trees / Commercial OrchardsAny diameterNO (If cultivated for commercial fruit)Pruning essential for fruit production
Small Sapling / ShrubUnder 75mm diameterNO (Exempt from protection)Garden hedges and small ornamental saplings

The Section 211 Notice Process: How the 6-Week Period Works

When you submit a Section 211 Notice to the council, you are not formally applying for planning permission; you are giving the council 6 weeks notice of your intention to undertake tree work.

During this 6-week window, the council tree officer evaluates the tree's public amenity value and has three statutory options:

Option 1: Allow the works to proceed: The council issues a formal written decision letter stating they have no objection.

Option 2: Let the 6 weeks expire without action: If 6 weeks pass and the council takes no action, you are legally entitled to proceed with the specified works within a 2-year window.

Option 3: Make an emergency Tree Preservation Order (TPO): If the council considers the tree too valuable to lose or prune excessively, they will issue a formal TPO preventing the works.

How to Measure Trunk Diameter Accurately

Measure the circumference of the tree trunk at 1.5 meters above ground using a soft tape measure, then divide by 3.14 (pi). If circumference exceeds 23.5cm, the diameter is over 75mm and requires a Section 211 notice.

Consequences of Unauthorized Tree Work in a Conservation Area

Failing to give 6 weeks notice before cutting trees in a Conservation Area is treated with the exact same criminal severity as breaching a full Tree Preservation Order. Offenses are prosecuted under Section 211 of the Town and Country Planning Act 1990 and carry unlimited fines in the Crown Court.

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Official Statutory Notice & Guidance:

This guide is compiled for informational due diligence referencing official statutory records from Town and Country Planning Act 1990 Section 211 under the Open Government Licence v3.0. Legal titles and physical structural condition should always be independently inspected by a qualified conveyancing solicitor and chartered RICS surveyor prior to legally binding property commitments.