Conservation Areas - Frequently Asked Questions

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A Guide to Conservation Areas

Below are some Frequently Asked Questions (FAQs) relating to Conservation Areas. Please consult a solicitor if you are unsure of your legal rights and responsibilities.

Are trees in conservation areas protected?

Yes. If a tree is not covered by a Tree Protection Order but is in a Conservation Area, you must give six weeks notice in writing to the Planning Authority, providing the tree is 7.5cm in diameter measured 1.5 metres above ground level (or 10cm if the work is to promote growth of other trees. It is an offence to do work to a tree in a conservation area without consent.

 

Do I live within a Conservation Area?

Use the Council’s ISIS online map information system and following the simple instruction guide to check your address. Alternatively, contact Customer Services on 020 8547 5929 or email: environment@rbk.kingston.gov.uk.

What if I want to carry out works to a tree within a Conservation Area?

If a tree located within a conservation area is already the subject of a Tree Preservation Order (TPO) then this tree is automatically covered by the TPO legislation.

If no TPO exists, then prior to carrying out any works to the tree, six weeks notice must be made in writing to the Planning Authority describing the trees and works to be carried out. This applies to surgery works or felling of any tree with a trunk over 75 mm in diameter measured 1.5 meters above ground level.

Is the Council responsible for trees within Conservation Areas?

No, the owner remains responsible for the trees, their condition and damage they may cause. The Conservation Area status provides the Council with a period to assess the trees suitability to be included within a Tree Preservation Order.

What happens once I have given the Council six weeks written notice?

A Tree Officer will visit the site and based upon the information provided and the suitability of the tree make a recommendation to theTree Preservation Officer who will decide whether the council has any objections.

If the planning authority fails to make the tree a subject of a TPO within six weeks then you can carry out your intended works. If the planning authority fails to inform you of their decision within six weeks then you can carry out your intended works.

Further information relating to Trees and Conservation Areas can be obtained from: