If you wish to carry out works to a protected tree you need the consent of the Council. If the works are reasonable and do not place local amenity at serious risk, they will normally be allowed.
Trees have protection under planning law if:
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They are included in a tree preservation order (TPO). An Order may be made at any time on individual trees, groups of trees or woodland to safeguard amenity provided they can be seen from a road, footpath or other public place. Trees with the potential to offer amenity following development may also be considered. A wide range of species may be covered including native, exotic and fruit trees. The TPO is served on the owners of the land and adjoining properties, who have 28 days to object to the Council. If an Order is confirmed it is recorded in the Register of Local Land Charges. This means it is disclosed to purchasers when property is being sold. Also, the Council's Panning and Transportation Service keep records and these are available for public inspection. Once a TPO has been made Council permission is needed for any works to the tree, including felling, pruning and any operation that may affect the health and amenity value of the tree.
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They are in a Conservation Area and are above a minimum size (75mm diameter at 1.5 metre above ground level). It is breaking the law to carry out work to these trees without first providing a completed application form and giving the Council at least six weeks notice of the intended works.
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The Council has granted a planning permission for the site, subject to conditions to safeguard the trees against damage. Also, any felling and pruning will require written approval from Council. These controls are often limited for a specified period following development and your Local Planning Officer will advise if they still apply.
Applying for permission to work on protected trees
The application form is easy to complete. You will be asked to provide the following:
Please provide as much detail as possible to avoid the application being sent back to you for more information. Your application should make it clear what work is proposed and why it is required.
General guidance is available from your Local Planning Officer. Also, some tree work contractors may give advice and make an application on your behalf. Applications are free, but the costs of any works rest with the owner or applicant.
A Tree Preservation Order protects all parts of a tree including its roots. Therefore, before doing any work on and around protected trees please check with your local Planning Officer if consent is needed. This is especially important if you feel the tree is dead, dying and dangerous or the work is required for other reasons of safety. Any exemptions from protection can be discussed before doing any work. Remember that failure to follow the proper procedures may lead to legal action and substantial fines against the tree owner and any one who did the work.
The Council must be given six weeks advanced notice of any proposals affecting trees subject to Conservation Area Regulations. No work should be done to them in this period without consent.
If the protected tree does not belong to the applicant it should be noted that any consent from the Council does not relieve them of their obligations to get the permission of the owner of the tree, particularly where entry to their land is required. Where working from one side of the tree care should be taken to avoid making the tree unstable due an unbalanced canopy or root system.
How applications are processed
A member of the Council's Trees and Woodland team will visit the site to consider the condition of the tree and its amenity value, together with the reasons for carrying out the work. Your local Planning Officer will advertise your application allowing 21 days for comments and take into account any relevant planning issues. Changes may be suggested if necessary.
A letter, giving details of the decision, is sent to the applicant as soon as possible. However, permission will only normally be given for work on trees covered by TPOs where amenity is not placed at risk. Conditions requiring the planting of a replacement tree, or carrying out pruning to the appropriate British Standard may be attached to any permission.
Where an application is refused the reason will be stated. The applicant can appeal to the Secretary of State against the refusal of an application. The matter will then be decided by an inspector who acts independently from the Council.
Where the works to trees (not covered by a TPO) in Conservation Areas are accepted the Council will inform the applicant that the proposals can go ahead. The only condition is the work should be completed within two years of the decision notice. Otherwise a new Notice of Intent will need to be submitted. If the Council objects to the proposals it may decide to make a TPO in the interests of amenity. The proposed tree work would then be subject to a formal TPO application.
Permission to work on trees may be required in other ways
Please note permission from the Forestry Commission may be required to fell growing trees where this will involve the cutting down of five cubic metres of timber of which two metres will be sold in any calendar quarter, even if the trees are protected. The Forestry Commission will discuss any exceptions and they can be contacted at Yorkshire and The Humber Conservancy, Wheldrake Lane, Crockey Hill, York YO19 4FF, tel. 01904 448778. Also, some trees may also be subject to by-laws or a local covenant, in which case further approval must be obtained.
If you live in a Council house you will need permission from the Neighbourhoods Management Service before you do any work to a tree in your garden.
Selecting a contractor
Check the 
Finding a Tree Work Contractor page for useful information about how to choose a contractor, safety, costs of tree work, organising the work and avoiding disturbance to wildlife.
How to get in touch
Development Control contact details
Useful links
Government guidance on protected trees:
Government's ODPM website with leaflet downloads
The Forestry Commission
Guidance on felling licences
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