Protected trees

Trees in the conservation area

Section 211 of the Town and Country Planning Act 1990; trees in the conservation area are required to have at least 6 weeks’ notice to the council, prior to works being scheduled (unless an exemption applies). Reasons for proposals should be given and further information, may be required. 

It is an offence, by whom causes, or permits such work to cut down, uproot, top, lop, wilfully destroy or wilfully damage a tree in a conservation area, without giving notice to the Council. The same penalties as those for contravening a Tree Preservation Order (TPO) will apply.  

Conservation area maps - West Oxfordshire District Council 

Trees protected by an order (TPO) of the Council

The Town and Country Planning (Tree Preservation) (England) Regulations 2012; the standard determination time for proposals is 8 weeks, (unless an exemption applies, or the council determines the application prior to the deadline). Reasons for proposals must be given and further information, may be required. 

If you require specific information about a Tree Preservation Order, please contact planning services on planning@westoxon.gov.uk or 01993 861420. 

Search a property address to see if an order is within a 50m radius

If you suspect tree works have been carried out without notice or approval: 

The Council will review information provided and will respond accordingly. Not every enquiry is enforceable and will be determined by the degree of the suspected breach. 

Report a breach of planning regulations - West Oxfordshire District Council 

Disclaimer: All links provided are intended as guides only and contain multiple iterations of similar text. If applicable, please refer any iterations to a professional, in a relevant field, before contacting the council.  

You can complete an application form in the link provided; apply for planning permission.  

The validation criteria for what you need to submit, is available to download in the link provided. Additional works or changes must be submitted before validation or submitted separately.  

Planning application supporting information - West Oxfordshire District Council 

Applications are available to view by the public, once validated. 

We advise those responsible, to contact a tree surgeon or consultant for recommendations, before applying, to avoid any delays. Vague or ambiguous applications will need to be resubmitted, if no further explanation or response can be provided. 

For further information on the validation process, contact our planning services on planning@westoxon.gov.uk or 01993 861420. 

View planning applications for tree works - View and comment on planning applications - West Oxfordshire District Council 

Trees that appear dead/dangerous in the conservation area or covered by a TPO must be notified to the Council. This can be done via a Regulation 14(2) 5 days’ notice; evidence of significance must be included, and may be differed to relevant forms, if limited information is provided. 

5 Day Notice - pdf - 248 Kb

For further information and or submission please contact our planning services team on planning@westoxon.gov.uk or 01993 861420.  

If a tree poses imminent danger and is removed without notice or approval, the Council must be informed retrospectively as soon as reasonably possible. If the removal is seen as unwarranted, tree replacement notices, penalties and or enforcement action may be issued. 

Under Section 206 Town and Country Planning Act 1990; Replacement trees for tree preservation orders are protected by the relevant Order; further clarification can be viewed in the link provided. 

 

Consent from the council does not give permission to enter another property, in the pursuit of actioning proposals. If necessary, parties issuing works should have written permission stating that access has been granted and to what extent the works have been agreed.  

Consent given from the council does not forgo any additional requirements. Those carrying out the works and owners, are responsible for evaluating regulations or Acts that protect species, the landscape, buildings or historical sites and other relevant frameworks. 

Exemptions

Government Guidance - Tree Preservation Orders and Trees in Conservation Areas 

If you are not sure if the condition of the tree means it is exempt, contact our planning services team on planning@westoxon.gov.uk or 01993 861420.  

Planning Portal 

Contacting a tree surgeon or consultant

Arboricultural Association - Find a Professional 

Institute of Chartered Foresters - ICF > Directory of Consultants 

A section 211 notice is not required, if work to trees in the conservation area forms part of a development proposal.  

Approvals in relation to development, do not automatically give consent to carry out works to protected trees. These proposals must be clearly specified in the application. Additional works that are not necessary for the implementation of the permission or development; including trees, protected by an Order; should be submitted separately.  

Protected trees that are not specified within a proposal, that are not exempt for whatever reason, will still be protected. 

As part of the National Planning framework and Biodiversity Net Gains, applications containing or suspected of containing veteran, ancient or champion trees will be reviewed respectively.  

Felling licenses issued by the Forestry Commission, do not guaranty consent for development. Further consultation must be undertaken prior to commencing, if relevant.  

If you would like to propose a new TPO, please contact the tree officer, with reasoning and any further information that may contribute to the decision process; trees@westoxon.gov.uk 

The Council follows a selective process to determine the suitability of proposed TPO’s. This primarily relating to amenity value, but may also be considered in part due to: 

• The size and form; 
• future potential as an amenity; 
• rarity, cultural or historic value; 
• contribution to, and relationship with, the landscape; and 
• contribution to the character or appearance of a conservation area. 

Useful links: 

Countryside hedgerows - Countryside hedgerow protection: removing hedgerows - GOV.UK 

Information for reporting pest/disease and felling licenses -  Forestry Commission - GOV.UK 

Ancient tree inventory – The Woodland Trust 

Natural England - Natural England - GOV.UK 

Environment Agency - Environment Agency - GOV.UK 

Cotswold National Landscape - Our board - Cotswolds National Landscape 

Related Pages

• Conservation area maps
• High hedges
• Grass cutting and maintenance
• Tree maintenance