This item was published during the term of a previous administration that ended in April 2007
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Protection for trees
08/12/2004
Proposed improvements to the way trees are protected were announced by the Executive today.
Deputy Communities Minister Johann Lamont is seeking views on how Tree Preservation Orders (TPOs) could be updated to strengthen the protection of important trees.
Ms Lamont said: "Trees are a valuable part of our environment, contributing immensely to the quality of our surroundings. They help define the character of an area or increase the attraction of places to live and work in.
"We need to be sure that there is the correct protection in place when trees are under threat.
"The last changes to the TPO arrangements were carried out in 1975: as we continue to modernise and improve the planning system, it is right that we look again at tree protection.
"We want to involve people more in the planning system and give communities an opportunity to contribute to the future of their environment, so I'd urge anyone with an interest to respond."
The consultation looks at:
- Giving planning authorities new emergency powers to prevent tree felling or cutting for 28 days
- Making the Forestry Commission a statutory consultee on planning applications which involve significant felling
- Improving notification for owners and people living near TPOs
- Extending provisions to trees with cultural or historical links
- Making the serving of TPOs more straightforward and the language of the order clearer
A Tree Preservation Order is an order made by a council to prohibit the cutting down or damaging of trees without consent. Anyone can ask a council to serve a TPO, and the planning authority will assess if one is appropriate. Breach of a TPO is a criminal offence and carries a maximum fine of £20,000.
The provisions for Tree Preservation Orders are contained in the Town and Country Planning (Scotland) Act 1997.
The Executive commissioned a research report, The Effectiveness of Tree Preservation Orders in Scotland, which was published in December 2002.