Are you planning to carry out works to a protected tree?
If you're planning to carry out work you must first consider whether the tree is protected by a Tree Preservation Order, within a conservation area or covered by planning conditions.
A Tree Preservation Order protects trees and woodland, safeguarding their removal or destruction. It's an offence to carry out work to such trees without the consent of the council. You can check for a Tree Preservation Order using the map below on this page.
Trees within conservation areas are also protected by law. Prior to any work you must notify the council. You can check if a tree is within a conservation area using the map below.
Planning conditions are also used to protect trees, when granting planning permission for development. To see if there is a planning condition relating to trees for a development please visit our Online Planning Site.
If any of the above apply then you must apply for consent for any tree work.
How to make an application?
You can download an application form on this link.
You are encouraged to obtain a tree report and submit this with your application. The tree report should be obtained from a suitably qualified tree surgeon or tree consultant.
Healthy trees (i.e. those which are not dead, dying or dangerous) that are less than 7.5 cm in diameter measured 1.5 m above the ground do not require an application. The council needs at least 6 weeks notice before you plan to start tree works.
Emergency work to protected trees
If the trees you would like to fell are dead, dying or dangerous, 5 days notice should be given to the council. If it is an emergency you do not have to apply, but it's essential to collect evidence in the form of photographs of the trees, and a tree surgeon's report. This must be submitted to the council no later than 5 days after removal. Replanting of the felled trees is normally needed.
Please submit your information by email to:
development.central@fife.gov.uk or by post to:
Emergency Tree Work,
Fife Council,
Fife House,
North Street,
Glenrothes,
KY7 5LT.
Trees and development
If your property was built since the mid 1970s the trees within your property may also be protected by planning conditions. These conditions may state that you will need local authority consent to lop, top or fell trees within the development. If the relevant condition applies you will have to make a written request and apply to undertake the work.
If you are considering a development close to trees, please read our publication:
A TPO is made by the Local Planning Authority, under Section 160 of the Town and Country Planning (Scotland) Act 1997, and within the procedures set out in the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 1975-1984. They are made to protect individual trees, groups of trees or woodlands which have particular amenity value, make a significant contribution to the landscape or townscape or because there may be a potential threat to the trees.
Back To TopIn deciding which trees qualify to become protected the council must ensure that the trees contribute to the amenity and attractiveness of an area and be under threat in some way. Either individual specimens or groups can be protected in a single order. There are no guidelines on which species of tree can be included in an order.
Back To TopThe process starts with a provisional order, this is served on the owner of the land and comes into effect immediately. The order will be served in writing on the owners and anyone with a legal interest in the land. It's advertised in the local press and a period of 28 days is allowed for objections. If no objections are received the council will then confirm the order.
Once confirmed, the TPO will remain indefinitely. Where objections or representations have been made to the council these will be taken into consideration when the decision is made whether or not to confirm the TPO. Once confirmed, TPOs are recorded by the Keeper of Register of Sasines (Scotland) or in the Land Register of Scotland. They then become legal burdens on the land occupied by present and future owners so that when the land is sold on, the title passes on with the TPO.
Back To TopPlease submit your information and the reasons you want to protect the tree by email to:
development.central@fife.gov.uk or by post to:
Emergency Tree Work,
Fife Council,
Fife House,
North Street,
Glenrothes,
KY7 5LT.
It is an offence to cut down, top, lop, uproot, wilfully damage or wilfully destruct (including the roots) protected trees without prior permission from Fife Council. Carrying out unauthorised work to a protected tree is an offence and can result in a fine of up to £20,000 or for a more serious offence, an unlimited fine.
Back To TopWe would encourage anyone who is experiencing difficulties to approach their neighbours first. However, if communication has broken down, you could contact Fife Community Mediation Services on 01592 641618 or email info@fifecm.sacro.org.uk. As a last resort a solicitor might be able to assist as under the Scottish legal system, there is a history of litigation about the demarcation of boundaries between properties and there is also a common law of nuisance, which generally entails some form of damage to, or intolerable interference with, a person's use or enjoyment of property. This route is lengthy and can be expensive.
Back To TopIf branches are overhanging into your property, then you may prune these, but you must return the cut branches to your neighbours as they belong to them. Before doing so, it is always courteous to ask first.
If the tree is in a conservation area or is the subject of a Tree Preservation Order, it is legally protected and you should not prune it, even if it overhangs your property.
Back To TopThe cutting back of deciduous trees is best carried out during November and March. Once the leaves have fallen examination of the tree is easier to undertake. During this time it also avoids disturbing wildlife. It is against the Countryside and Wildlife Act to disturb nesting birds.
Back To TopAll tree work should be carried out by qualified, trained, and insured tree surgeons.
They should operate to BS 3998:2010 Recommendations for Tree Work, and be in possession of a relevant certificate for tree work. Suitable firms can be found in the Yellow Pages or the internet.
It's advisable to get at least two quotes for any work you need. If you're in any doubt ask to see, references, proof of insurance, and that they follow Arboriculture and Forestry Advisory Group guidelines.
It's best to avoid unsolicited offers of tree lopping from ‘tree surgeons’ calling at your door. Most reputable firms do not operate in this way.
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