Tree works applications and the absence of a fee
Works to a protected tree and a conservation area tree notice are both free to submit. The cost sits in the survey, the contractor and the replacement planting.
There is no application fee for works to a tree protected by a Tree Preservation Order, and none for the notice you have to give before working on a tree in a conservation area. Both are free to submit. That is unusual in planning and it catches people out in the other direction, because the absence of a fee leads homeowners to assume the process is informal. It is not.
The costs on a tree job sit in the survey, the contractor and the replacement planting, and in the delay if you get the procedure wrong. A tree felled without consent is a criminal offence, and the court can take account of any money the works saved or made.
Why no fee is charged
Applications for consent to carry out works to a tree covered by a Tree Preservation Order are made under the 2012 tree preservation regulations, and those regulations set no fee. Nor does the fee schedule for planning applications include them.
The policy logic is straightforward. A Tree Preservation Order is a restriction imposed by the council on a landowner who did not ask for it. Charging that landowner to ask permission to manage their own tree would be difficult to defend.
The same applies to a section 211 notice for a tree in a conservation area. You are not applying for anything. You are telling the council what you intend to do and giving it the opportunity to make an Order if it wants to.
Works to a tree covered by an Order
The application asks for the tree, the works and the reason. The tree is identified by reference to the Order and to a plan. The works are described in arboricultural terms, not in ordinary language. And the reason has to be a reason, not a preference.
Councils expect the works to be specified to a recognised standard. Crown reduction stated as a percentage or a dimension. Crown lifting to a height above ground level. Deadwood removal. Sectional felling. A request to "cut it back a bit" will be returned.
The reasons that succeed are structural defect, disease, actual damage to a building that is documented, obstruction of a highway or footpath, and good arboricultural management such as thinning or formative pruning. The reasons that fail are leaves in the gutter, shade, honeydew on a car, a view, and a general dislike of the tree.
Where subsidence is claimed, expect the council to want evidence: crack monitoring, a soil investigation, root identification and an engineer's report tying the damage to that tree. That evidence costs more than the entire rest of the process.
The council has eight weeks to decide. If it refuses or imposes conditions, you can appeal to the Planning Inspectorate within the period stated on the decision, and the appeal is also free.
The six week notice in a conservation area
Trees in a conservation area that are not already covered by an Order get a different mechanism. Under section 211 of the Town and Country Planning Act 1990 you must give the council six weeks' written notice before carrying out works, where the tree is above the diameter threshold set in the regulations.
The notice describes the tree, its location and the proposed works. There is no prescribed national form, though most councils publish one and using it avoids arguments about what was notified.
Then one of three things happens. The council makes a Tree Preservation Order, in which case you need consent after all. It confirms it has no objection, and you can proceed. Or the six weeks pass in silence, and you may carry out the works as notified, generally within a two year window.
The silence route is real and is used constantly. It is also the reason to keep proof of posting or submission, because the date the notice was received is the date the clock starts.
Exemptions, and why to be careful with them
Several categories of work do not need consent or notice. Dead trees, subject to a notice requirement in the regulations. Trees that are an immediate danger, with notice given as soon as practicable afterwards. Works required to implement a planning permission. Works to abate a nuisance at common law. Works by statutory undertakers in defined circumstances.
The dead and dangerous exemptions are the ones people rely on and the ones that go wrong. The test is objective. A tree that a contractor says is dangerous is not exempt unless it is. Photograph the defect before the works, get an arboricultural opinion in writing if there is time, and give the council the notice the regulations require.
Where a tree is removed under the dead or dangerous exemption, a duty to plant a replacement usually follows, and the council can enforce it.
The costs that do arise
| Item | When it is needed |
|---|---|
| Arboricultural report or tree condition survey | Almost always, unless the works are minor and obviously good management |
| Subsidence evidence pack | Where damage to a building is the reason for the works |
| Ecological check for bats and nesting birds | Before works to any mature tree, and required in the bird breeding season |
| Contractor quotation and works | The main cost on most jobs |
| Access, traffic management, waste removal | Street trees, large removals, restricted sites |
| Replacement planting and aftercare | Where a condition or the statutory duty applies |
| BS 5837 survey | Where the tree sits near proposed development rather than being managed on its own |
The ecological check is the one homeowners skip. Working on a tree with an active nest in it is an offence under wildlife legislation regardless of any tree consent, and the nesting season covers most of the spring and summer. Roost features in mature trees need a bat check before climbing or felling.
Timing around those windows is the same problem that drives survey costs elsewhere on a project, and the ecology survey calendar is worth reading before booking a contractor for June.
Refusals, appeals and compensation
An appeal against refusal of consent under an Order goes to the Planning Inspectorate and carries no fee. It is decided on written representations in most cases, and the arboricultural evidence is what decides it, so a report from a qualified arboriculturist is effectively the cost of the appeal.
Compensation for loss caused by a refusal is available in limited circumstances under the regulations. There is a minimum threshold below which no claim can be made, loss of development value is excluded, and claims have to be made within a time limit. It is not a route to recover the value of a plot rendered undevelopable.
Budgeting tree work on a small site
Three habits keep the cost sensible.
Get the tree assessed before you decide what to ask for. An arboriculturist will often propose works that achieve most of what the client wants and that the council will accept, which is faster and costs less than an application that gets refused.
Bundle the tree work into the wider project programme rather than treating it as separate. If an extension is planned, the tree survey prepared to BS 5837 for the planning application can usually answer the Order questions too, and one survey costs less than two.
Plan the replacement planting at the start. A condition requiring a replacement of a stated species and size, planted in the next planting season and maintained for five years, is normal. Building it into the quote avoids a second visit at a second price.
For a householder weighing the whole spend, the tree line is small next to drawings and surveys, and the full cost picture for an extension puts it in proportion. Which is the useful thing to remember about the absent fee. It saves you a modest sum and tells you nothing about what the job will cost.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
Is there really no fee for a tree preservation order application?
There is none. The 2012 tree preservation regulations set no fee, and applications for works to protected trees do not appear in the planning fee schedule. A section 211 notice for a tree in a conservation area is free as well. An appeal against refusal to the Planning Inspectorate also carries no fee.
How long does the conservation area tree notice take?
Six weeks from the date the council receives it. Within that period the authority may make a Tree Preservation Order, in which case consent becomes necessary, or confirm it has no objection. If the six weeks pass without either, the works may go ahead as notified, generally within a two year window.
What reasons for tree works do councils accept?
Structural defect, disease, documented damage to a building, obstruction of a highway or footpath, and good arboricultural management such as thinning or formative pruning. Leaves in gutters, shade, honeydew and blocked views are not accepted. Specify the works in arboricultural terms, with dimensions or percentages, rather than in ordinary language.
Can I fell a dangerous tree without permission?
The exemption exists but the test is objective, so the tree has to be an immediate danger in fact. Photograph the defect first, obtain a written arboricultural opinion where time allows, and give the council the notice the regulations require. A duty to plant a replacement usually follows a removal under this exemption.
Do I need an ecology check before tree works?
Before works to any mature tree, yes. Damaging an active bird nest is an offence under wildlife legislation whatever tree consent you hold, and the breeding season covers most of spring and summer. Mature trees with cavities, splits or loose bark need a bat check before climbing or felling.
Sources and further reading
This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.