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Planning enforcement charter

Protected trees

We have powers to make Tree Preservation Orders (TPO) where the trees make a positive contribution to the amenity of an area. When a TPO is in place it is an offence to cut down, lop, top or willfully damage a protected tree without our consent. The same restrictions apply to trees within a conservation area. Any person who is responsible for unauthorised works to trees is guilty of an offence and may be prosecuted.

Owners of trees that are protected should make an application to us before carrying out any work. When we grant consent it will normally be a requirement to plant a replacement tree(s).

When granting planning permission for new development we may add a condition to prevent the removal of trees as well as making sure trees that are to be retained are protected during the development. Failure to adhere to this type of condition can result in the serving of a breach of condition notice.

Where a tree with a TPO is removed, uprooted or destroyed in contravention of the order or any conditions of a consent given under a TPO requiring the replacement of trees is not complied with, the council can issue a replacement tree notice requiring the owner of the land to plant a tree or trees. Any notice served can be appealed to the Directorate for Planning and Environmental Appeals.