Cutting a tree in Faversham's conservation area: the section 211 process, start to finish.
Most of central Faversham, Preston next Faversham and Ospringe sit inside a designated conservation area. That doesn't mean you can't prune your trees, it means there's a notice process to go through first. Here's what that process actually looks like at each stage, from "can I even do this" to the work being done.
Starting point: not knowing whether your tree needs a notice
Most people find out they're in a conservation area when they're already planning work, not before. The trigger for needing a notice under section 211 of the Town and Country Planning Act 1990 is any tree with a stem over 75mm in diameter measured at 1.5m above ground, roughly wrist-thick or more. Hedging shrubs like privet, laurel and leylandii kept as a clipped hedge don't usually meet that threshold, and hedges and shrubs are normally not covered by the notice requirement, though the underlying bird-nesting law still applies regardless of conservation-area status.
Stage one: confirm the boundary and the tree
Swale Borough Council's conservation area maps cover the historic town centre, Preston next Faversham and Ospringe as separate designated areas. Before doing anything, I check the exact boundary against the address, since a garden can sit just inside or just outside the line, and confirm the tree in question actually meets the diameter threshold. After this stage, you know definitively whether a notice is needed.
Stage two: submit the notice
The notice is submitted to Swale Borough Council in writing, describing the tree, the work proposed and the reason. There's no fee for a section 211 notice itself, unlike a formal Tree Preservation Order application. After this stage, the six-week clock starts.
Stage three: the six-week window
The council has six weeks from the date of a valid notice to respond. In that window, they can do one of three things: let the six weeks pass with no objection, in which case the work can proceed as notified; issue a Tree Preservation Order on the tree, which changes the process entirely and requires a formal TPO application instead; or contact the applicant with questions or a request to amend the proposed work. Most straightforward hedge and garden tree work in Faversham goes through this stage without any council contact at all.
Stage four: the work itself
Once the six weeks have passed (or the council has confirmed no objection sooner), the work can go ahead exactly as described in the notice. Departing significantly from what was notified, taking down a tree that was only notified for pruning, for example, isn't covered and would need a fresh notice or consent. After this stage, the tree or hedge is in its finished state and the paperwork trail is complete.
Two cases work differently. For a tree that is dead, the council needs five working days' written notice before the work, with evidence that it is dead, and its consent is not required. If a tree poses an immediate risk of serious harm, you can do only what is needed to remove the risk and tell the council in writing as soon as practicable afterwards. In both cases the landowner has a duty to plant a replacement tree. Cutting or removing a tree in a conservation area without the right notice is an offence, with a fine of up to £20,000 in the magistrates' court and an unlimited fine in the Crown Court for serious cases.
Section 1 of the Wildlife and Countryside Act 1981 also applies regardless of conservation-area status: it's an offence to intentionally or recklessly damage or destroy a wild bird's nest while it is in use or being built. The Act sets no calendar dates, but 1 March to 31 August is the period official guidance treats as the main nesting season, so a nesting check comes before any cut in that period either way.
Want the practical walkthrough? See how to apply, step by step, with the Swale links.
Need the section 211 notice filed for you?
Every quote in a Faversham, Preston next Faversham or Ospringe conservation area includes filing the notice on your behalf. Email hello@favershamhedges.co.uk or call 07763 100 477 with your address and what needs doing.
Sources: Town and Country Planning Act 1990, section 211; GOV.UK, "Tree Preservation Orders and trees in conservation areas"; Wildlife and Countryside Act 1981, section 1; Swale Borough Council conservation area designations.