Scarborough resident appeals against council’s refusal of tree’s retrospective felling
A Scarborough resident is appealing the council’s refusal of his retrospective application to cut down a large tree outside a residential property.
Last year, councillors blocked a retrospective application for the removal of a ‘healthy’ Scots Pine tree in Newby, near Scarborough.
However, the applicant, Dr Mohamed Gaafar, has now submitted an appeal to the Planning Inspectorate in the hopes of overturning the council’s decision.
Dr Gaafar’s proposal at 79 Cross Lane had sought to officially vary planning conditions to create a driveway and “regularise” the tree’s removal – cut down more than six month’s prior to the decision – but members on the Scarborough and Whitby Area Planning Committee said approving the scheme would set a “dangerous precedent”.
Officers said the tree’s removal had resulted in “quite a significant change in the street-scene,” leaving “quite a gap,” and that enforcement action would take place.
Issuing their decision in November 2025, council officers said the case would be passed on to the planning enforcement team “with a view to securing a suitable mature replacement tree on the site”.
Earlier this month, a planning appeal was lodged with the government’s Planning Inspectorate, and comments from North Yorkshire Council and interested parties are due by March 10.
‘Final comments’ in the case are due to be submitted by March 24, according to the inspectorate’s website.
In a report to the planning committee last year, officers said the tree’s “unacceptable” removal had resulted in “significant harm to the biodiversity and natural species of the area, resulting in a harmful net loss of biodiversity”.
The Highway Authority said the scheme, which also proposed a new parking area, would compromise visibility for vehicles entering the junction, increase the risk of conflict between turning traffic and vehicles accessing the driveway, and undermine pedestrian safety due to reduced sightlines.
According to the council, an original condition for the new-build housing scheme at the site stated that all trees should be maintained by the owner of the land for five years following completion of the project.
The construction of the six three-bed semi-detached dwellings was approved in December 2022.
Councillors on the planning committee rejected the retrospective application over “impact on the character of the street-scene, danger to users of the highway, and being prejudicial to nature and conservation”.
The Planning Inspectorate has not set a date for deciding on the appeal which is currently ongoing.