Trees conservation areas and listed buildings information

Trees

Trees make an important contribution to the character of the Borough. Many trees are protected either by a Tree Preservation Order (TPO) or because they are within one of the Borough's eight Conservation Areas. A written consent is also required from the Council, if the subject tree(s) is/are protected by a planning condition. It is an offence to cut down, top, lop, wilfully damage, uproot or wilfully destroy a tree subjecting to a Tree Preservation Order or to a tree situated within a designated Conservation Area. This does not mean we own the tree(s) or are responsible for the cost of their maintenance. This remains the responsibility of the landowners (civil matter rather than planning related).

The easiest way to find out whether trees are affected by Tree Preservation Orders or are within a Conservation Area is to use our Planning Constraints Map.

Trees in conservation areas

Trees in Conservation Areas are also protected and in these cases, no works can be carried out to a tree which is over 7.5cm (3in) in diameter measured at 1.5m above ground level without notifying us. However, it is advisable to double-check with the Council whether the particular tree is covered by the Conservation Area. Once an application is submitted, we will then have six weeks to decide whether to allow the work or to make a Tree Preservation Order.

There is also advice on how to complain about high hedges: High hedges: complaining to the Council (opens new window)

Trees protected by planning

When planning permission is granted, we may require existing trees to be kept as a condition of the development, even if they are not protected by a TPO or in a conservation area. If a tree is located in the grounds of a property that was built or extended within the last five years, it may be protected by planning condition. For more information, you would need to contact the Planning Department.

Applying for works to protected trees

The best way to apply for works to a protected tree is online through the Planning Portal where you can complete the relevant form and submit the required information. Alternatively, you can download and print a PDF paper form and submit it by post. Along with the submission, you must provide a sketch plan/location plan showing the exact location of the tree(s) which you are applying for work. In addition, you should specify what exactly is the proposed work. There is no fee for making this application.

Download the Planning Application Form

Dead and Dangerous trees

If you are the owner of a tree protected by a Tree Preservation Order (TPO) or in a Conservation Area and you wish to do works to it because it is dead, you must first provide the Council with written notice including sufficient information. If the tree presents an immediate safety threat it could be removed under Dead and Dangerous regulations.  Were this to be the case, you would be required to serve the Council 5 days notice in writing, and within two weeks of the works taking place you would be required to submit :

• Before and after photographs as taken by a qualified tree surgeon.
• A report as written by a qualified tree surgeon detailing why the works were necessary.
• A replacement tree would also be required. 

Additional information:

• In addition to the restrictions imposed by planning law, trees to be felled may require a felling licence. If you intend to fell any tree or trees that will amount to over five cubic metres of timber, you may require permission from the Forestry Authority - part of the Forestry Commission. This does not apply to trees within gardens.
  
  https://www.gov.uk/government/organisations/forestry-commission
• The Arboricultural Association- gives advice on finding a tree surgeon or consultant- https://trees.org.uk/

Request to protect a tree

Section 198 of the Town and Country Planning Act, 1990, allows local authorities to make Tree Preservation Orders (TPOs) to prevent trees being cut down or wilfully damaged. The Council has a duty to make sure that adequate consideration is given to the need to retain trees, to plant new trees and to make Tree Preservation Orders.

The Council normally makes new orders in response to development proposals and when requested to do so by residents. Before making an order, the Council must be satisfied that there will be a reasonable amount of public benefit from preserving a particular tree. Usually it must be clearly visible from a public place such as a road or park. The tree will be inspected to check that it is generally sound and healthy for potential of long life. The tree should not be located so close to a building that it would be unreasonable to refuse its removal if requested. Each case is assessed on its own merits.

Recently served Tree Preservation Orders

Further information?

For further information on Trees in Conservation Areas or Tree Preservation Orders please contact Development Management on 01784 451499 or email: planningdm@spelthorne.gov.uk and provide the following information:

Your name
Your address
Contact telephone number/e-mail address
Address of land on which the tree stands
Number of trees, species if known and location of the trees on the site

Warning!

Works conducted without our consent on trees protected by a TPO or within a conservation area is an offence and you may be fined. When trees are cut down or subject to tree surgery without permission owners can be prosecuted.  Anyone found guilty of this offence is liable, if convicted in the Magistrates' Court, of a fine of up to £20,000.

Conservation areas

A Conservation Area is defined in the Planning (Listed Buildings and Conservation Areas) Act 1990 as an 'area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance'.  Conservation Areas have a legal status which provides additional controls over the following:

• most demolitions
• the size limits for permitted development on non-listed dwellings
• illuminated advertisements on business premises
• satellite dishes and other telecommunications operations
• work to trees

Legislation also exists to enable local authorities to secure necessary repairs to unoccupied non-listed buildings in a Conservation Area which are not being preserved in a weatherproof and secure condition.

Conservation area maps and enhancement plans

Listed below are the eight Conservation Areas in Spelthorne:

Listed buildings and locally listed buildings

Spelthorne has 198 listed buildings in the Borough which are statutorily protected because of their architectural or historic interest.  There are also 157 locally listed buildings.  The following provides information about these buildings, guidance on the implications of 'listing' and how to maintain them:

 

 (updated December 2016)

 (updated December 2016)

Further advice

We are able to provide further advice on trees, Conservation Areas, Listed Buildings and Locally Listed Buildings.  In particular we encourage those contemplating work to seek pre-application advice.  Please see our ' pre-application advice ' page for more information.