Protected trees and tree preservation orders

If you are contemplating any works to a protected tree or trees or to find out whether a tree is protected, please contact the Tree Officer for professional advice, approval and details of local contractors.

Responsibility for the management of trees, including protected trees, always rests with the owner of the land upon which they stand. The Council has powers to protect trees which make an important contribution to the visual amenity of an area. Protection of trees through negotiation and agreement is the preferred first option.

However, where concerns are raised that a tree or trees may be wilfully damaged or destroyed, a Provisional Tree Preservation Order may be made under the terms of the Town and Country Planning Act.

The statutory powers available to the Council for the protection of trees are:

• Tree Preservation Orders (TPO) - view on Localview
• Trees within designated Conservation Areas - view on Localview
• Trees protected by a condition as part of a Planning Consent.

The maximum penalty for illegal works to a protected tree is a £20,000 fine.  Replacement planting may also be required.

Potentially dangerous roadside trees

Roadside trees are the property of the owner. Even if the trees are within the adopted roadside verge, ownership normally goes with the adjacent land. Maintenance of such trees is responsibility of the owner.

Under the Roads Act (Scotland) the Council has powers to serve notice on either the owner or occupier of the land, to remove a cause of potential danger, within 28 days. If, in the Council's opinion, the danger is imminent, it may take appropriate steps to safeguard the public and then recover the expenses incurred.

Other tree felling

Elsewhere (with the exception of small gardens and a few other situations) tree felling and thinning is governed by the Forestry Acts and permission for a Felling Licence should be sought from the Forestry Commission (01896 750222). 

Although very small volumes of timber do not require a Felling Licence, one large tree could require a Felling Licence.  For further information on Felling Licences go to the Forestry Commission website.