22 Aug Tree Preservation Orders (TPOs) in Scotland: What Homeowners Need to Know
Trees are vital to our environment. They offer beauty, shade, and habitat to our wildlife. But did you know that there are trees protected by law in Scotland?
Tree Preservation Orders (TPOs) are designed to legally protect trees that hold significant value in our communities. If you’re a homeowner with a tree under TPO or looking to apply for one, this blog is for you.
We’re going to guide you through the basics of TPO in Scotland, its legal implications, and how you can apply. Read on and let TTS Tree Surgery explain how you can protect Scotland’s natural heritage by starting right in your own garden!
Understanding TPO
TPOs are legal protections placed on individual or group of trees or woodlands that provides significant value to the environment, community, or landscape or considered to be at risk. This order is created by the Local Authority under section 160 of the Town and Country Planning (Scotland) Act 1997.
When trees are under this protection, it prevents anyone from:
- cutting down,
- uprooting,
- topping,
- lopping,
- wilful damage, or
- wilful destruction
without permission from the local council.
Why TPO is important
Many of our trees are centuries old that have historical and cultural significance to our community. With TPO, these trees are protected from any risk or damage of removal unless permitted by the authority. Especially with the rise of developments, you can prevent them from being lost due to construction.
Through this order, we can preserve the beauty of trees so they can continuously maintain our air quality, combat climate change, and serve as a home to many species.
The role of TPOs in protecting Scotland’s trees
In Scotland, TPOs are essential in maintaining the character and ecological value of our landscapes. As the construction industry continues to thrive in this country, TPOs are more important than ever in protecting the trees that enhance our towns and countryside.
These orders safeguard the loss of mature, significant trees that provide habitat for wildlife, contribute to air quality, and offer aesthetic and recreational value to communities. By enforcing TPOs, we can guarantee that our most treasured trees continue to contribute to the nation’s environmental sustainability and cultural heritage.
Legal implications for homeowners
Homeowners must be aware of their legal responsibilities when they own TPO protected trees. Understanding these obligations can help you protect these trees responsibly while complying to the law.
Legal obligations for homeowners with TPO-protected trees
According to the guidelines of Tree Protected Order, here are the legal obligations of homeowners with TPO-protected trees:
- You are not permitted to carry out or allow someone else to carry out—any work on the tree without written consent from your local authority. This includes actions like cutting down, uprooting, lopping, topping, or wilfully damaging the tree.
- While you are responsible for maintaining your tree, there are no specific legal standards about the maintenance to be carried out. However, regular inspections and appropriate care are recommended to make sure the tree remains safe and healthy.
Consulting with an arboricultural expert like TTS or your local authority can guide you on proper tree management to help you preserve the tree’s health.
Penalties for non-compliance with TPOs
Failing to comply with TPO regulations can have serious legal consequences. Let’s check out the penalties for non-compliance, based on Town and Country Planning (Scotland) Act 1997:
“(1) If any person, in contravention of a tree preservation order—
(a) cuts down, uproots or wilfully destroys a tree, or
(b) wilfully damages, tops or lops a tree in such a manner as to be likely to destroy it,
he shall be guilty of an offence.
(2) A person guilty of an offence under subsection (1) shall be liable—
(a) on summary conviction to a fine not exceeding £20,000, and
(b) on conviction on indictment, to a fine.
(3) In determining the amount of any fine to be imposed on a person convicted of an offence under subsection (1), the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
(4) If any person contravenes the provisions of a tree preservation order otherwise than as mentioned in subsection (1), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.”
How to determine if your tree is protected
Ensuring that you are aware of whether a tree on your property is protected is important. Fortunately, there are way you can do to check if your tree is subject to a TPO and resources available to guide you through the process.
Steps to check if a tree on your property is subject to a TPO
In Scotland, you can conveniently find out if a tree on your property is protected through online.
You can use the following links to access this information:
- https://www.gov.uk/apply-work-on-protected-tree
- https://www.scotborders.gov.uk/xfp/form/860
You can use these links to search for TPOs in your area and guide you on the steps to take if your tree is protected.
Resources and local authority contacts for TPO inquiries
Another option you can do to get more detailed information is by contacting your local City Council. They can provide guidance on the TPOs in your area, and you can submit inquiries about specific trees.
Additionally, if you require assistance in navigating TPO regulations, professional tree care companies like TTS can help you understand your obligations and ensure compliance with local laws.
How to apply for TPO
Applying for a TPO is a way to ensure that important trees on your property are legally protected from potentially harmful activities. That’s why it’s important to know the reasons to request a TPO and the application process itself is essential.
Reasons to request a TPO
Homeowners may want to apply for a TPO in various situations, such as:
- Preserving trees with historical or aesthetic value: If a tree holds cultural significance or adds considerable beauty to a landscape, a TPO can help protect it from being cut down or damaged.
- Preventing unauthorised work: If a tree is at risk of being felled or altered by neighbours or developers, a TPO ensures that any work on the tree must be approved by the local council.
Benefits of having a tree protected by a TPO
- Legal protection: A TPO legally binds any activity on the tree to guarantee its preservation.
- Enhancing property value: Mature, well-maintained trees can increase the aesthetic appeal and value of a property.
- Supporting biodiversity: Protected trees can continue to offer shelter and sustenance to local wildlife.
If you’re considering applying a tree or woodland under TPO, the first step is to get in touch with your local council. Speak with the appropriate authority within the council who has the power to handle such requests.
When you make contact, it’s crucial to clearly explain why you believe the tree should be protected.
Protect your trees with expert guidance
Your trees are an invaluable part of your property and the local environment. At TTS, we’re here to help you navigate the TPO process with ease. Whether you’re looking to apply for a TPO or need advice on maintaining protected trees, our experienced team is ready to assist.
Contact us today to discuss your tree care needs and let our experts guide you in preserving the natural beauty of your property!