Tree and hedge protection

Tree protection and regulations

Working on trees protected by a Tree Preservation Order (TPO) or within a conservation area, including reporting unauthorised works and common law rights.

On this page:

    About protected trees

    Trees can be protected in one of two ways:

    Trees with a Tree Preservation Order (TPO)

    A Tree Preservation Order (TPO) protects one or more trees of any species that make a significant positive impact on their local surroundings. A TPO makes it a criminal offence to carry out any of the following to a protected tree without our permission:

    • cut down
    • uproot
    • top, lop or prune
    • otherwise wilfully damage or destroy.

    There are some exceptions, such as if the work has to be carried out in an emergency because there is an immediate risk of serious harm, or if you are simply removing dead branches.

    Trees in conservation areas

    In recognition of the special contribution of trees, conservation area legislation introduced in 1967 includes the blanket protection of all trees in a conservation area which have a stem diameter greater than 75mm (3 inches) when measured at 1.5 metres (5 feet) above ground level.

    Carrying out work on a protected tree

    You must get permission from the council before carrying out work to a protected tree either located in a conservation area or subject to either a Tree Preservation Order (TPO). Unless work is urgently necessary because there is an immediate risk of serious harm, then you must notify us before carrying out any work to a protected tree. How much notice you need to provide depends on the situation:

    • If the protected tree is living but has dead branches, you are allowed to remove these without notifying us.
    • For other works on trees protected by a TPO, we have up to 8 weeks to deal with your application.
    • For trees protected in a conservation area, you must give us 6 weeks' written notice before carrying out the work.

    There is currently no charge for this service when applying via the Planning Portal website. Submissions via e-mail or post will incur an administrative fee.

    Apply and make payments

    Make an application for tree works on the Planning Portal website

    You must provide a full, clear and detailed specification of what work you intend to carry out to the tree. Ideally this guidance should be provided by a professional tree surgeon or arborist in accordance with British Standard 3998.

    Please note: dead trees and branches can provide very valuable habitats for plants and wildlife, which may also be protected under other laws. As long as it doesn't cause a danger, it can be good practice to retain the lower part of the trunk on dead trees to conserve biodiversity.

    Not sure if the tree is protected?

    If you don't know if the tree is protected, report the issue below, and we will find out:

    Report an issue with a tree

    Structural damage caused by a tree

    If you have an insurance policy for your building, you should first consider contacting them. If the damage isn't covered by an insurance policy or you do not wish to go down this route, you could instead consider contacting a structural engineer to determine if the tree is responsible.

    Before carrying out any work on a tree, you should first approach the owner if it is not yours. You may wish to seek legal advice if the owner is unwilling to act.

    Wildlife concerns

    Many wildlife habitats are protected under the Wildlife and Countryside Act 1981 and the Countryside and Rights of Way Act 2000, which makes it an offence to kill, injure or take animals, including their young, eggs or nests. For some species, such as bats, it is also an offence to interfere with places used for shelter or protection.

    Non-urgent work to trees should be avoided during the bird nesting and breeding season, which is usually between 1 March and 31 August. If in doubt, you are advised to consult an expert so they can carry out an appropriate wildlife survey.

    If you suspect an offence has been committed in relation to wild birds or any other protected species, then you should report the incident to your local police force on the 101 non-emergency telephone number.

    Read more on GOV.UK's Legislation website:

    Advice for home buyers

    If you are buying a new property, an official search of the local land charges register can be made before the purchase which should reveal if the property is located within a conservation area (or whether there are any tree preservation orders). Make sure your solicitor tells you if any trees are protected or covered by planning conditions.

    Specialist advice for developers

    We are able to offer specialist advice for new developments in a conservation area. These include:

    • landscaping
    • visual impact
    • ecology
    • trees
    • nature conservation
    • listed building matters.

    If you last used your account on or before Tuesday 1 August 2023 you will need to register again. Please continue, and follow the instructions when prompted.

    Request specialist pre-application advice for protected and historic environments

    View planning applications relating to tree works

    You can view applications relation to the following:

    1. Work to trees within a TPO
    2. Works to trees within a conservation area, and
    3. Works to TDD on Public Access

    The process for viewing tree work consent applications is the same as for viewing planning applications and are available on the Public Access website.

    Read more about viewing planning applications.

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    Find out if a tree is covered by a Tree Preservation Order (TPO)

    You should first check our interactive planning map to see if a tree is protected. If you're still unable to find out, please complete this simple form and we can let you know:

    Find out if a tree is protected

    Trees in conservation areas

    All trees within a conservation area that have a stem or trunk width greater than 75 millimetres when measured at 1.5 metres from ground level are protected.

    Buy a copy of a Tree Preservation Order (TPO) document

    You can request a copy of a TPO below, which will cost you £36 incl. VAT and can be paid for during your application. You will need to know the reference number of the TPO. You can get this by using the interactive planning map, or by asking us to check for you.

    Request and pay for a copy of a Tree Preservation Order

    Find out if a tree is in a conservation area

    Search the interactive planning map

    You should first check our interactive planning map to see if a tree is within a conservation area.

    View pdf conservation area appraisals

    All of the 105 conservation areas in the East Riding have conservation area appraisals (apart from South Cave), which include a plan showing their boundaries. You can check whether a tree/property is inside a conservation area by looking at the plan for the relevant settlement, which is normally the final page(s) of the appraisal.

    Still not sure?

    Find out if a tree is protected

    Are high hedges legal?

    It is not illegal to own a high hedge, although we may investigate complaints and serve notice to reduce its height if we find it adversely affects the reasonable enjoyment of a person's residential property. If the owner of the hedge refuses to resolve the issue after being served notice, we may carry out the work ourselves and in some cases prosecute the owner under the Antisocial Behaviour Act 2003, and the High Hedges Regulations 2005.

    Can I trim a neighbours hedge?

    If a tree or hedge located on neighbouring land overhangs your property, you are permitted to prune any overhanging branches or roots back to the boundary.

    You must not go beyond the boundary, and any material removed from the tree or hedge should be offered back to the owner. You must also not destabilise or cause a disproportionate amount of damage to the tree or hedge.

    Can I complain about a high hedge?

    Before we can investigate a complaint, you must have attempted at least twice to resolve the issue by negotiating with the owner. You can attempt this verbally or in writing.

    The Department of Communities and Local Government (DCLG) website contains detailed publications which explain the legislation in more detail and provide guidance for use in considering high hedge cases. The two most useful documents can be accessed through the links below:

    GOV.UK - High hedges complaints: Prevention and cure (external website)

    GOV.UK - Hedge height and light loss (external website)

    If you fail to resolve the issue directly with the hedge owner you can ask us to formally investigate your complaint.

    The standard fee for this application is currently £384, although it can be reduced if you are in receipt of council tax benefit, housing benefit, family credit, working family tax credit, disability working allowance, or income support. If you are making a joint application with other residents, the fee is £576.

    The council has produced a 'High Hedge Pack' which consists of the application form and guidance documents which must be read before completing the application form.

    High Hedges Pack - Investigation Application Form and Guidance Notes (pdf 48kb)

    What happens after I submit a complaint about a high hedge?

    We will assess the situation from any affected property and contact the hedge owner to do the same from their side before making a decision. If necessary, we may serve a 'remedial notice' ordering the owner to reduce the height of the hedge within a specified time, and maintain it below a specified height going forward.

    If the owner does not take action to reduce the height of hedge after being served with a remedial notice, we may take steps to do this on their behalf and possibly prosecute the owner under the Antisocial Behaviour Act 2003, and the High Hedges Regulations 2005.

    Can I appeal the council's decision about a high hedge?

    Both the owner and the person complaining can appeal our decision. You must do this within 28 days of our decision.

    More about appealing a high hedge decision (external website)

    Appeal against a high hedge decision (external website)

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