Commenting on tree applications
As with all other applications, any Tree application will also feature on Public Access and Consultee Access and if a Town or Parish Council is consulted on the application they will be able to respond via the Consultee Comment button in Consultee Access.
Time to respond and extensions of time
The date specified in the notification email will indicate how long you have to make a response and when you log into Consultee Access you will see the expiry date and a clock counting down the days until expiry. Your Consultee In Tray can be ordered how you like but by default it will list the most urgent applications (those with the closest expiry date) at the top.
You can request extensions of time for consultation responses in the usual manner but this request needs to be logged in our database so that the expiry date changes in your Consultee In Tray. As long as you respond before a decision is made on the application it will give the tree officer time to consider your views.
How Town and Parish Councils receive confirmation that their comments have been submitted
Through Consultee Access, once you submit your comments you will receive instant confirmation that they have been submitted and you can verify this by visiting the Public Access comments page for the specific application where you will find your comments immediately. If you chose to track a specific application you will be automatically notified once a decision is made on the application.
Responding to the various tree applications
As a town or parish council, you may wish to reply in the following way(s) on Tree applications:
Tree Works Application: In the case of a tree works application for trees protected by a Tree Preservation Order, you can recommend that the application be approved or the application refused, specifying your reasons
Section 211 Notification: In the case of a Section 211 Notification for trees protected by a Conservation Area you can object to the notice or request that the Council considers making a Tree Preservation Order, along with any other comments you wish to make. Please note that we cannot refuse consent for a Section 211 Notification nor can we grant consent subject to conditions (such as a condition requiring the planting of a replacement tree). This is because a Section 211 Notification is not and should not be treated as an application for consent under a Tree Preservation Order
No observations: If you have no particular comments to make, you should reply via Consultee Access with "no observations" in order that the consultation is moved from your outstanding consultations list
How the local planning authority will consider tree applications
Decisions on the majority of tree works applications/notifications are determined under the Council’s delegated powers procedure, without reference to a committee and your views will be taken into consideration by the tree officer.
Any Consultee comments that you submit via Consultee Access are published instantly on the Council’s website as
part of the Public Access system. Your comments may also be used in discussions with the applicant if it seems likely that your concerns can be addressed by amendments to the proposals.
Top of page
If a parish council has commented on an application (any type), you will be notified by email of the local planning authority’s decision when the decision is issued. At this time we also publish the officer's report (or if a Committee decision, the Committee Report and decision record) in public access, and anyone can view this to understand how a particular decision has been arrived at.
Only the applicant has a right of appeal against a decision. In the case of “fast track” cases, which include all householder development, there is no opportunity for the parish council (or the local planning authority to comment further. The Planning Inspectorate will determine the appeal on the basis of the information in the application file (including any objections or comments). If the appeal process does allow further comments to be submitted we will notify you if you commented on the original application. Note that your original comments will have been forwarded for consideration, so you need not comment further unless you wish to do so. If the appeal is to be determined by way of a hearing or an inquiry we will notify you of the date and location. These sessions are public, and the parish council may wish to attend, and at the discretion of the Inspector speak.
Top of page
In assessing the need for enforcement action, it should be recognised that it is not an offence to carry out development without first obtaining any planning permission required for it. Whilst it is clearly unsatisfactory for anyone to carry out development without first obtaining the required planning permission, a Planning Enforcement Notice should not normally be issued solely to "regularise" development which is acceptable on its planning merits, but for which permission has not been sought.
In cases where the local planning authority considers it is likely that unconditional planning permission would be granted for development which has already taken place, the correct approach is to suggest to the person responsible for the development that they should at once submit a retrospective planning application (together with the appropriate application fee).
View a full list of planning fees for all types of proposal including changes of use.
It may also be appropriate to consider whether any other public authority (e.g. the highway or environmental health authority) is better able to take remedial action.
The enforcement process and unauthorised development guidance page provides further information in this area.
Top of page
You can view and comment on all applications using Public Access and, as a Consultee, specifically Consultee Access.
Enter Consultee Access by logging in to Public Access using the link below:
View planning applications on Public Access
Top of page
For the full benefits of Public Access and how to make the most of the system, use the link below which offers further guidance:
Learn how to use Public Access
Top of page
Consultee Access allows regular Consultees and Statutory Consultees the ability to keep track of all of their consultations (current and previous) in one location. It also allows the Consultee to track comments made by other Consultees and facilitates instant submission of comments.
Further guidance on Consultee Access can be found on the Consultee Access guidance page.
Top of page
You can register on Public Access (most Town and Parish Council clerks already are in order to use Consultee Access) and set up automatic notifications to inform you daily of any planning activity within a chosen geographic area or you can track a specific application of interest from cradle to grave
Further guidance on how to do this is available below:
Tracking applications and saving geographic area searches to enable automatic notifications of planning activity (pdf 2,000kb opens in new window)
Top of page
The files below are printable versions of the recent training delivered at the various venues around the East Riding. The presentation has been split into two manageable file sizes and the questions and answers raised at the sessions are also available below:
Town and parish council presentation on electronic working with planning applications part 1 (pdf 935kb opens in new window)
Town and parish council presentation on electronic working with planning applications part 2 (pdf 1mb opens in new window)
Town and parish council electronic working questions and answers (pdf 1mb opens in new window)
13 step Town and Parish Clerk guidance on how to respond to planning consultations via Consultee Access (pdf 1mb opens in new window)
Top of page
Guidance revised 7/8/17.