Tree Preservation Orders (TPOs) are legal orders made by the local planning authority to protect trees and woodlands in the area. In Glasgow, these orders are known as Tree Preservation Orders (TPO). Trees that have been listed will be protected from damage or destruction, even if they are on private land. The purpose of a TPO is to preserve important trees, woods and hedgerows for the benefit of the local community.

TPOs are made by Glasgow City Council to protect trees that have been identified as having special value. This can include landscape or historical importance, scientific interest, Glasgow conservation areas, or contribution to the local ecology. 

The order will set out what work can be carried out on the tree, if any. It is an offence to carry out works on a protected tree without prior consent from the Council. The Council can also make Special Tree Protection Orders (STPOs) which are similar to TPOs but with additional specific conditions attached. 

STPOs may be used where there is an immediate threat to a tree and the Council must be notified of any proposed works. Consent can be granted by the Council for felling, pruning or other work on trees subject to TPOs and STPOs, but only if it is in the interests of public safety, health or amenity. 

Any tree removal must be carried out in accordance with best practice to minimise the impact on the environment. All works must be carried out by a qualified professional, and any subsequent replanting of trees should be considered in order to restore or enhance local biodiversity. The Council also has powers to prosecute those who carry out work without consent, or fail to comply with any conditions attached to an Order. Therefore, it is important that any proposed works be notified to the Council in advance.

In addition, anyone proposing to carry out work on trees subject to a Tree Protection Order (TPO) or Site of Special Scientific Interest (SSSI) must also submit an application for consent from the relevant authority prior to carrying out any works. Any works carried out without obtaining these consents may result in prosecution. Therefore it is important that anyone planning any work on a protected tree or site contacts the relevant authority first to ensure they are compliant with all relevant regulations. Failure to do so could lead to significant fines or other enforcement action being taken against you.

Finally, when carrying out works on any tree it is important to ensure that the tree remains healthy, structurally sound and safe. Poorly conducted works can cause significant damage to trees and can even lead to their demise. It is therefore highly recommended that anyone planning to carry out work on a tree seeks professional advice from an appropriately qualified Arboricultural Consultant or Arborist when considering any works.

How do I know if my tree has a TPO?

If your tree has a Tree Preservation Order (TPO) then it will be recorded in the council's records. You can contact your local authority's planning department to inquire about any TPOs that may affect your property or land. The law requires that before any work is done on a tree with a TPO, permission must be obtained from the local authority. If you notice any work being done on a TPO-protected tree without permission, you should report it to your local council immediately. Failing to comply with a TPO is an offence and can result in prosecution and fines. It is therefore important to ensure that all necessary permissions are obtained before starting any work on a protected tree. If you are unsure if your tree is protected by a TPO, it is best to get advice from a qualified tree surgeon or the local authority before taking any action. This will help ensure that you stay on the right side of the law and protect your tree from damage or destruction.

Can I cut down a tree without a TPO?

It is possible to cut down a tree without a Tree Preservation Order (TPO), but you must ensure that you are allowed to do so before starting work. Depending on the location of the tree, different rules and regulations apply. For example, in some places, it may be illegal to remove or damage trees without permission from your local council. Be sure to check with the council before beginning any tree removal work. Additionally, you should always take safety into consideration and wear protective clothing and eye protection when working with chainsaws or other tools. If you are unsure of how to proceed safely, it is best to hire a professional arborist who can provide guidance on the correct methods for cutting down a tree. Doing so can help to ensure that the job is done safely and correctly, and prevent any potential damage or danger from occurring. Ultimately, it is possible to cut down a tree without a TPO but this should be approached with caution and only after careful consideration of local regulations. The best course of action may be to seek professional advice.

In addition, it is important to consider the potential environmental impact of cutting down a tree without a TPO. Trees are vital for providing oxygen and helping to reduce air pollution, so removing one without due cause can have detrimental effects on the environment. It is essential to be mindful of this when deciding whether or not to remove a tree.

What is the fine for removing a TPO tree?

In the UK, removing a Tree Preservation Order (TPO) tree without authorisation is considered an offence and can result in legal action. The penalty for unauthorised removal of a TPO tree depends on the individual circumstances of each case, but could include anything from a civil penalty to imprisonment. If found guilty, potential penalties may also include fines of up to £20,000 and/or six months in jail. It is important to note that fines for unauthorised removal can also be substantially higher in some cases, depending on factors such as the number of trees removed or the impact on nature conservation. It is therefore essential for anyone considering removing a TPO tree to seek permission from their local authority first and to follow any guidance given on how to do this. Failing to seek permission can not only result in significant fines but could also potentially lead to a criminal conviction. In some cases, it is also possible for local authorities to require the replacement of lost or damaged trees as part of any legal action taken. Ultimately, it is important to remember that preserving our trees is essential for protecting the environment and it is always better to seek advice from the relevant authorities before taking any action.

What are the requirements for a Tree Preservation Order?

A Tree Preservation Order (TPO) is a legal order issued by the local planning authority which protects trees, woodlands and other types of vegetation from damage or destruction. In England and Wales, any tree over 5m in height with a trunk diameter of more than 75mm (measured at 1.5m above ground level) or two or more trees growing close together with a combined trunk diameter of more than 7.5m can be protected by a TPO. Trees in conservation areas and those owned by the local council are automatically covered by tree protection orders, but you must apply for an order to protect other trees.

An application for a Tree Preservation Order should include detailed information about the trees, such as their species and location, as well as details of why they need to be protected. The local authority will then consider whether a TPO is necessary in order to preserve the trees and can grant an order if it is deemed necessary. Once granted, any work done to fell, prune or otherwise damage the trees covered by the Order will require permission from the local authority.

It is important to remember that a TPO does not necessarily mean that you cannot do any work on a tree, as it may be necessary to prune or fell it for safety reasons. However, if this is the case then prior approval from the local authority must be obtained before any work is undertaken.

In some cases, a Tree Preservation Order may not be necessary to protect the trees in question. The local authority will consider factors such as whether the tree has any special value for wildlife or serves an important purpose within its environment before deciding if a TPO is appropriate.

It should also be noted that a Tree Preservation Order may be applied retrospectively if it is deemed to be in the public interest or necessary for the conservation of wildlife. Furthermore, a Tree Preservation Order can also be made in order to protect an individual tree from being damaged or destroyed by development works.

In all cases, before any work on protected trees can begin, written permission must be obtained from the local authority. A permit will only be granted if it can be demonstrated that there is no alternative to carrying out the works and that all necessary steps have been taken to minimise any potential damage or loss of life.

Finally, a Tree Preservation Order may also be used to protect woodland areas, avenues of trees or even single veteran trees of special value. In these cases, it is important to note that there may be additional protection afforded to the protected site which extends beyond just the trees themselves.

In order for a Tree Preservation Order to be made, the following criteria must first be met:

• The tree must have a legal right to be protected.
• The tree must have a significant value, either because of its unique ecological or aesthetic features, or its age and historical significance.
• The tree must not be subject to any other existing protection law.
• There should be no realistic alternative measures that could protect the tree more effectively than a Tree Preservation Order.
• The tree must be of a species that is likely to survive in the particular location for at least twenty years.

If you would like to arrange a free consultation to discuss a Tree Preservation Order In Glasgow and would like help with the procedure, then please do not hesitate in contacting our team at Glasgow Trees to book an appointment with one of our tree surgeon and arboriculture specialists.

Glasgow Trees

0141-483-7485