Harrogate Borough Council

 
 

Contact Us

Feedback form for complaints and queries, or email Customer Services

01423 500 600
(Switchboard - General Enquires and Information)

0845 300 6091
(Customer Services)

01423 556543
(Textphone)

Office Hours:
8.30 - 5.00pm
(4.30pm on Friday)

Emergency Out of Hours
08457 089 190

Council Offices,
Crescent Gardens,
Harrogate,
HG1 2SG

Fax: 01423 556100  

Where are we

Map: Harrogate's location in the UK

To get to Harrogate from:
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South-West
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Public Transport

Visiting Harrogate International Centre

See the Harrogate International Centre website if you are visiting a conference, show or exhibition. Book a place to stay. See details of visiting Harrogate and the Yorkshire Dales.

Frequently Asked Questions

THE COUNCIL'S TREE MANAGEMENT STRATEGY  

What are the Council's responsibilities with regard to their trees?
The Council, as with any landowner, has a 'Duty of Care' requirement to make sure that any trees located on its land are periodically inspected and managed to within acceptable health and safety parameters.

When are the Council's trees inspected?
The Strategic Tree Risk Management approach will help to try to ensure that each tree located on Council land within the district is inspected at least once every five years. This is in line with current statutory requirements and national guidelines.

When will the tree work identified from the tree survey be undertaken?
In cases of emergency, tree work will be undertaken as soon as is practical. With regards to tree works identified from the tree survey, each resulting works order is given a priority coding and the work is then undertaken dependant upon the level of priority it is afforded. Priority codings range from Urgent, High, Medium, Low and No Works Required. Once all work is completed, the tree is then subject again to the five-year rotational inspection timeframes of the Strategic Tree Management Programme.

Where are the Council's trees and who inspects them?
The Council is responsible for managing trees on its land on highway verges, cemeteries, council housing sites, open space and within woodlands. The Arboricultural Surveyor is responsible for undertaking the survey. The Council's highway trees are mainly confined to Harrogate and Knaresborough, with highway trees located outside of these boundaries usually falling under North Yorkshire County Council jurisdiction.

Why are some trees felled and not others?
Trees are removed from the environment because their 'risk rating' outweighs their amenity contribution to the site or local area. For the most part, we do not remove healthy trees from the environment unless this is in line with good woodland management practices, dictated by the Highways Act 1980 or as part of a development where other trees are normally conditioned for replacement.

We will not normally remove trees for issues of leaf fall, fruit fall, sap, TV reception issues, loss of a view or light loss; these are considered minor inconveniences that are normally offset by the many other benefits that arise from trees in the  urban environment.

Is there a system or annual programme for tree planting?
Each year, every tree that is removed from the urban environment is replaced at a rate of 2 for1. Sometimes, more than double the numbers removed are replaced within a planting season (e.g. the 2006/07 planting season saw 160 trees planted for approximately 30 trees felled that year). Tree planting is subject to available budgets for that year but we will always try to ensure that we meet the 2 for 1 replacement figure.

What if I suspect that a Council tree is causing damage to my property?
If you suspect that your building is suffering from a form of subsidence or direct damage then you must initially contact your insurers who may request a report from a qualified structural engineer. If trees are located in the vicinity, it would be prudent to contact a qualified Arboricultural Consultant to carry out an assessment of these. Once the Council receives the reports and all relevant technical evidence to support such a claim, this will be processed as an insurance claim and dealt with by both sets of insurance companies.

TREE PRESERVATION ORDERS (TPOs) AND TREES IN CONSERVATION AREAS

What is a Tree Preservation Order (TPO)?
It is an order made by a local planning authority (London Boroughs, district or unitary councils and sometimes county councils), which in general makes it an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree without the planning authority's permission. The TPO is to protect trees which make a significant impact on their local surroundings. This is particularly important where trees are in immediate danger.

What type of trees can be covered by a TPO?
All types, including hedgerow trees, but not hedges, bushes or shrubs. The TPO can cover anything from a single tree to woodlands.

How can I find out if a tree is covered by a TPO?
Details of TPOs are available for inspection at the local planning authority's offices. An official search of the local land charges register can also be made before you purchase a property. This should reveal the existence of a TPO (or whether your property is in a conservation area). Make sure your solicitor tells you if any trees are protected.

If I see work being carried out on a protected tree, how can I find out if the owner has permission?
Check with your local planning authority. It has a register of applications and decisions, which you can look at.

There are trees, which I think should be protected. What can I do?
Contact your local planning authority giving details of the trees and the reasons why you think the trees should be protected. However, if the Forestry Commission has given aid under a forestry grant scheme, a TPO can be made only with the Commission's permission.

Does an order come into effect immediately?
The local planning authority may make a TPO, which comes into effect immediately and remains in force for up to six months.

How will I know when a local planning authority makes a TPO?
It will write to the owner and other interested parties, enclosing a copy of the TPO.

How can I object to or express support for a TPO?
If you or anyone else wants to object to or support a TPO, write to the local planning authority within the period they allow (usually 28 days) saying why and giving details of the relevant trees. The planning authority will take these comments into account when it decides whether to confirm it. When the authority confirms the TPO, it can modify it, for example by excluding some of the trees.

Does the local planning authority then become responsible for looking after the trees?
No. The owner remains responsible for the trees, their condition and any damage they may cause. But the planning authority's permission is required before carrying out work on them, unless they are dying, dead or dangerous. The planning authority may be able to offer appropriate help and advice on how the trees should be managed.

Do I always need the planning authority's permission to work on a protected tree?
Yes, except for:

  1. Cutting down trees in accordance with one of the Forestry Commission's grant schemes, or where the Commission has granted a felling licence
  2. Cutting down or cutting back a tree:
    • Which is dying, dead, dangerous
    • In line with an obligation under an Act of Parliament
    • At the request of certain organisations specified in the order
    • Which is directly in the way of development that is about to start for which detailed planning permission has been granted
    • In a commercial orchard, or pruning fruit trees in accordance with good horticultural practice
    • To prevent or control a legal nuisance (you may find it helpful to check first with a solicitor).
If you are in any doubt, check with your local planning authority.
 
When will I have to plant a replacement tree?
You will have to replant:
  1. If you cut down or destroy a protected tree:
    • In breach of an order
    • Except in the case of woodland, because the tree is dying, dead or dangerous

      2.   If the planning authority gives you permission to cut down a protected tree but makes replanting a condition of its consent.

      3.   In most cases where the Forestry Commission grants a felling licence.

Local planning authorities have legal powers to ensure that you plant a replacement tree when required.

What happens if I carry out work on a protected tree without permission?
If you deliberately destroy a tree, or damage it in a manner likely to destroy it, you could be fined up to £20,000, or twice its 'amenity value', whichever the court deems to be the greater value, if convicted in the magistrates' court. In determining the amount of the fine, the court will take account of any financial benefit arising from the offence.

 
For other offences you could be fined up to £2,500. You will normally have to plant a replacement tree if the tree was cut down or destroyed.
 
What if my application to carry out work on a protected tree is refused, or I object to the conditions imposed by the planning authority?
You can appeal to the First Secretary of State for the Office of the Deputy Prime Minister in writing within 28 days of receiving the decision. The planning authority should give you the address. Appeals are normally decided on the basis of written statements followed by a site visit. The First Secretary of State may allow or dismiss the appeal, or vary the original decision.
 
Can I get any compensation if my application to carry out work on protected trees/woodland is refused or conditions are imposed?
If consent is refused or granted with conditions you can seek compensation from your local planning authority for any loss or damage which results. However you cannot make a claim where, under the terms of the order, the planning authority has issued a certificate saying either:
  • that the refusal or condition is in the interests of good forestry, or
  • that the trees or woodland have an outstanding or special amenity value.
You can appeal to the First Secretary of State against such a certificate. Local planning authorities will not be able to issue these certificates under TPOs, which are made after 2 August 1999. But they will be able to issue them under TPOs made before that date.
 
How do I go about claiming compensation under a TPO?
Write to your local planning authority within 12 months of its decision, or that of the First Secretary of State if you appealed.
 
Are there any extra restrictions in a conservation area?
Yes. You have to give your local planning authority six weeks' notice before carrying out work on trees which are located in a conservation area but are not yet the subject of a TPO. This gives the authority an opportunity to consider whether an order should be made to protect the trees.
 
You do not need to give notice if you want to work on trees less than 7.5 centimetres in diameter, measured 1.5 metres above the ground (or 10 centimetres if thinning to help the growth of other trees). If in doubt, check with your local planning authority.
 
How are trees on development sites affected?
Trees on development sites can be protected by TPOs or by conditions attached to the planning permission, or both. Planning conditions may also require you to plant trees, which may be covered by a TPO. The Order will take effect once they are planted.
 
Can I carry out work on protected trees, which are in the way of proposed development?
You can cut down or cut back protected trees only if they are directly in the way of development, which is about to start, for which you have detailed planning permission. You cannot carry out tree work if you have outline planning permission. Check first with your local planning authority. It may prosecute you if it thinks you have cut trees down or cut them back excessively. If the development does not require planning permission (for example, putting up a garden shed) you must apply to your local planning authority for permission under the TPO in the normal way.
 
Can I stop planning permission being granted or prevent approved development being carried out by getting a TPO imposed on trees on the site?
No. A TPO does not prevent planning permission being granted. But a local planning authority will consider the risk to protected trees when deciding planning applications. Once detailed planning permission is granted, any felling may be carried out which is directly required to enable the development to go ahead.
 
Further information
You can find out more about TPOs in the following:
  • Town and Country Planning Act 1990 (in particular sections 197-214 as amended)
  • The Planning and Compensation Act 1991 (section 23)
  • Forestry Act 1967 (as amended)
  • The Town and Country Planning (Trees) Regulations 1999
 
 
 
 
 
Harrogate Borough Council, Council Offices, Crescent Gardens, Harrogate, North Yorkshire, HG1 2SG, Tel: (01423) 500600