If you believe a tree, group of trees, or woodland is worth protecting and is facing a threat to its health and retention then a formal application for tree protections to be investigated can be made.
A Planning Service Tree Officer will inspect the tree, take photographs, and assess the situation, tree condition, threat, and surrounding context. If the investigation finds that the request is reasonable, then a provisional order will be served in writing on the owner of the land and anyone with a legal interest and comes into effect immediately. It will be advertised in the local press where a period of 28 days is allowed for representations.
If no representations are received the council will then confirm the order. Once confirmed, the Tree Protection Order (TPO) will remain indefinitely.
Where representations have been made to the council these will be taken into consideration when the decision is made whether 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.
What type of trees can be protected
In 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, groups, or entire woodlands can be protected in a single order. There are no guidelines on which species of tree can be included in an order.
Please note that where fruit trees are cultivated within conservation areas and the fruit production is utilised during a business or trade, then the normal protection procedures do not apply.
How to Apply for a Tree Protection Order
By post:
Emergency Tree Work
Fife Council
Fife House
North Street
Glenrothes
KY7 5LT
By e-mail: development.central@fife.gov.uk
You must include the following information with your submission:
- Location Plan - Map showing the location of the tree(s)
- Photographs of the tree(s)
- A statement on the threat posed to the tree(s)
Please note: Creating TPOs is extremely resource intensive and brings great costs. Therefore, TPOs will be created on trees of exceptional character or quality, or historical or cultural significance, where an expedient threat risk exists. Where no threat exists, TPOs will rarely be supported.
