Permissions for Listed Building in Conservation Area

[MatthewC]

My house is listed and in a conservation area. Since buying it I have become fairly familiar with the Listed Building and Conservation Area rules which govern it, but there are a couple of situations on which I cannot find clear guidance.

1. In my garden (between/under a holly and a large evergreen*) is a yew tree, which seems to have more than one stump. From one side grows something fairly vertical which certainly meets the tree definition (15 cm circumference at 1.5 metres above the ground). However, from what looks like another stump of the same tree (or is it?) grow several branches which spread over the ground for about 15 feet before finding the light to grow vertically. None of these branches is close to the tree definition. My question is: can I chop these branches off or are they all part of the one protected tree and therefore not to be touched?

2. Is there any restriction about digging holes in the ground? I think we may be on the site of something interesting and mediaeval, but the only such law I know about is a Scheduled Ancient Monument (which the house most certainly isn't!).

I'd welcome knowledgeable advice, please, before I bring this up with the Council (who so far have been quite reticent in respect of my house, so I don't want to raise my profile without understanding my case).

Matthew
http://houseintheenchantedforest.blogspot.com/

(* which looks like an old and very overgrown Leylandii to me, but I could be wrong)

 

[Flyfisher]

I don't know for sure but if the trees are covered by preservation orders then I believe you need permission for any work on them, including pruning.

If I was in your shoes I'd contact the council about the trees but I'd dig away without a care in the world on the basis that anything done could be undone.

 

[middi]

I have just been informed by my wife ( she works for a local authority) that the best thing to do is seek a meeting with your local "tree officer" ( there is one appointed for every local authority , or there should be !!) . There is no charges involved, and it is your right to ask information and obtain answers as to what is the best course of action to take regarding any tree that may be ( or encroaching ) on your property.
This would be an informal/amicable meeting which should result in more positive anf formal course of action to take that should please all parties.
I don't see this as raising your profile, it is the only way to safeguard yourself from ( potentially) a lot of trouble.

Middi

 

[MatthewC]

I don't know for sure but if the trees are covered by preservation orders then I believe you need permission for any work on them, including pruning.

If I was in your shoes I'd contact the council about the trees but I'd dig away without a care in the world on the basis that anything done could be undone.

There are no TPOs, but the CA rules cover pruning as well, IF it's a tree!

 

[johnandrew]

I agree with Middi - speak to your tree officer. They will tell you whether you need to notify the local authority of your intention to carry out the work.

In conservation area proposed work to trees not covered by TPOs must be notified to the local authority. They then have 6 weeks to consider whether they want to put a TPO on the tree. If you don't hear anything within six weeks you are free to carry out the work.

Of course, with trees that do have TPOs you have to apply for permission to carry out tree works.

 

[vicky whitworth]

I agree about the tree officer. Ours is hugely helpful and will always come out and take a look. You may also have a tree warden in your parish - the parish council could tell you who this is. The tree wardens, who are local volunteers liaise with the tree officers so, for example, our Lord of the Manor has asked me as tree warden to look at several trees he wants to fell which are in the conservation area, and I will then discuss this with the tree officer.

 

[Gervase]

Does your conservation area have an Article 4 Direction? If so, the constraints are stronger and legally enforceable. With regard to trees, it would mean that if you plan to remove or prune a tree you must seek consent or else face action. Realistically, the legislation is intended to protect 'important trees', those which contribute to the look of an area, and it is unlikely that pruning runners and suckers from a yew would be regarded as in breach or result in a TPO being slapped on the errant shoots.
However you will need to discuss this with your planning office - ideally they'll have a conservation officer and a tree warden who will come out and have a look before recommending a course of action. As Middi says, this is sensible and won't 'raise your profile'.

 

[robgil]

yew trees are not native to the uk , if it were me and the tree wasnt on the street aspect of the house id go ahead and prune it, if its tucked away down the end of your garden then whose to know?
Id be wary of llaylandi as well , horrid things. They grow very tall and can become weak as a result, Ive seen them fall over in high winds. llaylandi are not native either.
Before you get tree officers involved get a tree surgeon around or an arbthingy to find out what you are expected to do and what you can get away with.
Edit - forgot to add , yew trees can take a lot of pruning and will bounce back. Ive got three in my garden and they have all had the bejesus pruned out of them by the previous owner.

 

[Gareth Hughes]

I'd advise very strongly against trying to "get away with it". The maximum penalty for carrying out unauthorised works to trees in a conservation area (not TPO'd) is £20,000. Per tree.

Unlike (unfortunately) with listed buildings, 4-figure fines are not uncommon, and someone is almost guaranteed to notice the work being done and phone the council.

 

[robgil]

But surely if the tree is within tolerances the owner can get away with chop chopping away without notifying anyone providing there is no TPO on any of them?
I had a tree surgeon come round and take a look at some of my trees at the bottom of my garden, there was no TPO and he said i could do as i pleased with them as they were classed as shrubs because of the size of the trunk, i had no need to ask permission from anyone.
edit - i have to admit though , i just dont like lleylandi trees.

 

[MatthewC]

In conservation area proposed work to trees not covered by TPOs must be notified to the local authority. They then have 6 weeks to consider whether they want to put a TPO on the tree. If you don't hear anything within six weeks you are free to carry out the work.

That's why I wanted to know (see original post) if the yew branches on the ground are regarded as part of a "tree" as per the definition.

Does anyone have any view on the question of digging holes in the ground?

 

[Moo]

If you get in touch with some local archaeologists they may well come along and do all the digging for you.

 

[TheForge]

yew trees are not native to the uk.

Hi all, I've been reading the board with interest for a while now (we are restoring an 18th century forge) and have picked up a lot of really useful tips and info, but this is my first post!

Just wondered how far back you have to go to consider the yew as a non native tree?! The Fortingall Yew in a Scottish churchyard is thought to be up to 4000 years old, and, according to Wikipedia, a yew spear head was discovered in Essex that was 450 000 years old!

 

[robgil]

oh i dont know now, i was told this by a tree guy.

 

[Penners]

If you get in touch with some local archaeologists they may well come along and do all the digging for you.

But not necessarily where you want the hole!

I'm not at all knowledgeable about this, but I can't believe that you have to seek consent to dig a hole in your garden - depending, of course, on the size of the hole. If you have ambitions to become an oil producer, that might be a different matter.