Harrogate Borough Council

 
 

Trees & Garden Hedges

Trees

Before carrying out any works to trees it is vital to check whether there are any restrictions. 

Unauthorised work to protected trees carries heavy penalties.

Types of restriction:

There are 2 categories of protection and either or both may apply:
Tree Preservation Order
The Council has a legal obligation to preserve and protect trees in the district and is empowered to make Tree Preservation Orders on trees and woodlands to ensure their long-term future.  No works can be carried out to such trees without the express written consent of the Borough Council. 
 
Trees within a Conservation Area

All trees in Conservation Areas are protected except trees with trunks less than 7.5cm in diameter (measured 1.5m above the ground).  No works can be carried out to trees without written notification having been made to the Borough Council.  After notification, the council has six weeks in which to consider the proposal and respond.  No work must be done during this time. 

Exceptions to the above are:

Written consent should be obtained for any works to protected trees except for:

  • cutting down any tree under a forestry dedication covenant or a plan of operations approved by the Forestry Authority or where the Authority has granted a felling licence
  • cutting down or cutting back a tree:
    • which is dying, dead, or dangerous, or
    • where there is an obligation under an Act of Parliament , or
    • at the request of certain government departments or other organisations specified in the order, or 
    • which is directly in the way of development that is about to start for which detailed planning permission has been granted, or
    • which is a fruit tree cultivated for fruit production, or
    • to prevent or control a nuisance in the legal sense (you may find it helpful to check first with a solicitor)
If you are in any doubt, check by phoning or visiting the Planning Enquiries section.

Except in an emergency you should give the Department at least five days' written notice before you cut down a protected tree for any of the above reasons and especially if the tree is one which is claimed to be dying, dead or dangerous. 

This is in your interests - you can be prosecuted if the Borough Council thinks you have carried out unauthorised work.  You must remember, however, that you remain responsible for your trees and any damage they may cause.

How do I check if trees are protected?

You can complete an enquiry form or telephone Planning Enquiries on 01423 556666.

For a quick check on the boundary of a Conservation Area see our Conservation Area publications which contain simple maps.

Whose responsibility are the protected trees?

The owner remains responsible for the trees.  The Council does not assume liability for the trees by making a Tree Preservation Order.

How can I check if work to protected trees has been authorised?

You can ring Planning Enquiries on 01423 556666, giving full details of the location.  Alternatively you can use our Online Planning Application Information service.

How can I request a Tree Preservation Order?

You need to write to this Department clearly stating the location of the tree(s) and why you think they are worthy of preservation and are under threat.  The trees will then be assessed and you will be notified of the outcome.

Garden Hedges

Read our Planting Advice Sheet - Hedges (pdf 140kb)

Application Forms for Tree Works

Available from the Planning Application Forms page

External Links

Logo: Department for Communities and Local Government

Information on amenity trees, including research projects, good practice and tree preservation orders.
Link & Logo: Arboricultural Association Link & Logo: Planning Portal


Harrogate Borough Council, Council Offices, Crescent Gardens, Harrogate, North Yorkshire, HG1 2SG, Tel: (01423) 500600