When and how you can appeal a decision about a tree preservation order.

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9 January 2019
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When you can appeal

Your local authority makes decisions about work on trees protected by preservation orders.

You can appeal if you applied to cut down or carry out work on a protected tree and:

  • you disagree with the decision
  • a decision wasn’t made within 8 weeks

You can also appeal if you disagree with a tree replacement notice you’ve been given.

There’s no fee for appealing.

Deadline for appealing

You must appeal

  • within 28 days of the date on the council’s decision notice
  • before the date the tree replacement notice comes into effect

There’s no deadline if you’re appealing because your application wasn’t decided within 8 weeks.

When you can expect a decision

Once your appeal has started, you’ll normally get a decision within 14 weeks.

How to appeal

Make your appeal to the Planning Inspectorate.

Fill in a tree preservation order appeal form or a tree replacement notice appeal form.

You also need:

  • a copy of the council’s decision or notice
  • any other documents that directly support your appeal

Email or post these documents with your completed appeal form to the Planning Inspectorate and the local authority who made the decision.

The Planning Inspectorate
Crown Buildings

Cathays Park
Cardiff
CF10 3NQ

Wales@planninginspectorate.gov.uk

Comment on an appeal

Anyone can comment on a planning appeal. Find the case on the appeals casework portal.

The deadline for comments is 4 weeks after the start date of the appeal.  

Your local planning authority must tell anyone who has commented on the original application (interested parties) that there’s an appeal.

They have to do this within a week of the appeal being started by the Planning Inspectorate.

Read the detailed guidance about taking part in an appeal

After you appeal

The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you the start date, what happens next and how long your appeal may take.

The Planning Inspectorate will then consider your appeal. You’ll normally get a decision within 14 weeks of the starting date, but it can take longer.

If anyone behaves unreasonably

You can apply for an award of costs if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.