Trees in Conservation Areas FAQs
What is a conservation area?
A conservation area is an area designated by the local planning authority, such as Fareham Borough Council, because of its special character. This is usually done because of the special architectural or historical importance of an area.
How do Conservation Areas affect trees?
Within a conservation area all trees have a level of protection similar to trees covered by a tree preservation order (TPO). It is a criminal offence to lop, top, cut down, uproot, wilfully damage or destroy a protected tree unless the Council has permitted the work.
How can you find out if a tree is within a Conservation Area?
By using our map of Protected Trees 
or contact our tree team with details of the address, location, and species of the tree.
What must you do if you want to work on a tree in a Conservation Area?
Before working on a tree in a conservation area you must give us six weeks notice in writing of your intention to carry out the work. Details of how to apply can be found here. The Council will then consider the impact of the proposed works on the character of the conservation area and local public amenity. If you have heard nothing within six weeks, or if you have received a letter letting you know that the work is acceptable, you may go ahead with it. If the work is deemed to have an unacceptable impact the Council may make a TPO to protect the tree further.
When can you prune a tree in a Conservation Area without notifying the Council?
All exemptions listed for protected trees in general apply to trees within a conservation area. You must also provide notice of your intention to work on trees that:
- Have a stem diameter of less than 75mm (approx 3 inches) measured at 1.5m (approx 5 feet) above ground
- Have a stem diameter of less than 100mm (approx 4 inches) measured at 1.5m above ground and are being pruned or felled to help the growth of other trees.
What happens if you carry out work on a protected tree without permission?
If you deliberately destroy a protected tree or damage it in a manner likely to destroy it, you could be fined up to £20,000 if convicted in a magistrate's court. For other offences you can be fined up to £2,500. You will also normally have to plant a new tree if the tree was cut down or destroyed.
How else might a tree be protected?
In addition to a TPO and conservation areas there are various other factors which may constrain work to trees, including:
- Felling which involves more than 5m³ of timber, or more than 2m³ if sold, may require a felling licence from the Forestry Commission
- Many wildlife habitats are protected under the Wildlife and Countryside Act and the Countryside and Rights of Way Act. This includes bat roosts and the nests of wild birds. If a tree contains a protected habitat work may have to be delayed or may require a licence from Natural England
- Trees may sometimes be protected by conditions attached to planning permission
- Occasionally, restrictive covenants attached to the deeds for a property may restrict what work can be undertaken to trees.