Scottish Government

Research Findings No.151/2002 Development Department Research Programme

The Effectiveness of Tree Preservation Orders

Roger Jessop MA (Cantab) MA (Manc) Dip TP MRTPI

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Main Findings

• The current TPO system is basically sound and there are no overriding reasons to make any fundamental changes. A series of fine tunings drawing upon current best practice would provide an up-to-date structure for administering tree protection across Scotland
• The TPO system can seem complicated, and additional government guidance is required describing clearly the procedural, technical and legal aspects. A Scottish version of the booklet 'Tree Preservation Orders: A Guide to the Law and Good Practice', produced in England by the Office of Deputy Prime Minister, would address this. Local Authorities should also provide more information and practical guidance to the public.
• Accurate data is necessary for the effective preservation of trees, and information relating to TPOs varies greatly across Scotland. Geographical Information Systems (GIS) could be a great help in keeping and updating accurate information.
• There is no forum for officials to exchange ideas relating to best practice. The Scottish Tree Officers Group should therefore be resurrected to encourage the dissemination of good practice amongst council officers.

Background

Local authority powers are the normal source of protection for trees with a high amenity value. They are exercised in 3 principal ways - imposing tree related conditions upon any planning consent that may be granted; serving a TPO under section 160 of the Town and Country Planning (Scotland) Act 1997; and exercising the powers to control works to trees in conservation areas under the provisions of sections 172 to 174 of the 1997 Act. This primary legislation is normally reinforced at a local authority level by a combination of policies contained in local plans; by the guidance that is issued by many councils to reflect local circumstances; by informal discussion between officials and the owners of protected trees; and from the broad support that exists from elected members, amenity societies and the general public across Scotland.

The existing legal framework for protecting trees provides a series of powerful tools that are used by all local authorities across Scotland. TPOs are usually promoted in situations where a council has accepted the principle of an expansion to the established urban area but regards the retention of specified high amenity trees as a critical landscape and amenity factor. This expansion-related use of TPO powers was seen most clearly in Edinburgh in the 1970's when up to 30 Orders per year were promoted. Currently, housing pressure in the Borders, Aberdeen and Dundee is generating a marked rise in the number of occasions when TPOs become an integral part of the promotion of planned urban growth.

The overall position for tree protection in Scotland mirrors that which is present in England, most European countries, Australia and North America. In all these societies, there is a well-recognised tradition of incorporating both mature and newly planted trees in development schemes. In the limited number of occasions where such landscaping has not been accorded a high priority (such as some of the 1960's council housing estates), this omission has contributed to the long-term decline in the quality of the physical and social environment. The need to have more trees is now well recognised.

Results

The conclusions reached are based principally upon 50 interviews conducted with a wide range of interested parties (councils, government agencies, amenity bodies, professional associations, house builders, forestry companies, landscaping companies, owners of protected trees and informed members of the public). The deep enthusiasm for trees as an integral part of the Scottish environment was evident. Protecting trees with a high amenity value in perpetuity is a good sustainable practice.

The number and the quality of the trees covered by a TPO varies greatly. It can cover a single tree, or in contrast, an order can involve many thousands of trees (around 40,000 at Mortonhall in Edinburgh). Similarly, the standard of management varies between that which would prevail in a Botanic Garden (an annual inspection by qualified staff, the planning of a sequence of operations throughout the year and an immediate response to storm damage) to total neglect (including ignoring broken branches that destroy the shape of the canopy, major disease and encirclement by ivy). On this basis, a clear majority of the bodies consulted recommended that long-term improvement in the standard of management should be a key priority in any review of the effectiveness of TPOs.

The standard of the data relating to TPOs varies very greatly across Scotland. For this reason, it is recommended that a high priority should be given to the creation of a structured, GIS database that councils could adapt readily to their own circumstances. By concentrating all statistical, mapped and photographic material in a single source, the day-to-day administration of the TPO system would be greatly improved. In addition, an easily operated, structured pictorial monitoring system could be created based upon the photographs that officials take as part of the on-going work in all planning departments. It is recommended that the current standard of GIS technology should be advanced by the setting up a TPO related research exercise.

The study has shown that councils administer TPOs in various ways. Following the demise of the Scottish Tree Officer's Group, there is no forum for officials to exchange ideas relating to best practice. The reactivation of this group by the Scottish Executive would provide the catalyst for the promotion of enhanced professional knowledge for council staff working in this sector.

Work on TPOs involves every council in Scotland and creates a steady flow of work for staff in the planning, legal and parks departments. It is in the interests of all parties that this process operates efficiently, timeously and to the highest professional standards. The measures proposed for councils and for the owners of protected trees would address these objectives.

Conclusions

The current TPO system is basically sound and there are no overriding reasons to make any fundamental changes. A number of improvements could be made and the research identifies 17 tasks for the Scottish Executive, councils and the owners of protected trees.

It is recommended that the Scottish Executive gives the highest priority to the 3 tasks of producing a Scottish version of 'Tree Preservation Orders: A Guide to the Law and Good Practice', produced in England by the Office of Deputy Prime Minister; the initiation of research into a GIS based information system for TPOs; and the revitalisation of the Scottish Tree Officers Group (STOG). Ideally, these 3 initiatives (which could all be implemented within a 12 month period) would address the major issues.

They would also act as a catalyst for taking forward other priorities for government, councils and owners such as producing additional guidance, updating legislation, and establishing more efficient arrangements to deal with Tree Preservation.

The above could all be achieved in the next three years and would demonstrate the Scottish Executive's commitment to the principles of modernisation and sound "e-government". The strong and growing interest in the environment indicates that any initiatives taken to improve the protection of valued trees would be well received