If you are contemplating any works to a protected tree or trees or to find out whether a tree is protected, please contact Development Management for professional advice.
Responsibility for the management of trees, including protected trees, always rests with the owner of the land. 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 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)
- Trees within designated Conservation Areas
- 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.
- You can submit a tree works application through the ePlanning website, or by post using the council's .
Other tree felling legislation
In addition to the council's controls, tree felling and thinning is governed by the Forestry Acts. With the exception of domestic gardens and some other exemptions, a Felling Licence is required from Scottish Forestry.