What protection do trees have when it comes to planning?

Last updated: 2 July 2025

Not only do trees provide natural habitats, but they also add value for wellbeing and play a key role in the mitigation of climate change. 

Certain trees are protected by law, so permission is required before work can be carried out on them. Planning policies or conditions can also be used to protect trees. The next time you see or hear tree works being undertaken in your local area, you may want to consider whether any of the following apply.  

Tree Preservation Orders (TPOs) can be made by a planning authority, under Section 160 of the Town and Country Planning (Scotland) Act 1997. They can protect individual trees, groups of trees, or woodlands that are considered to have particular amenity value and/or cultural or historic significance. A tree protected by a TPO can only be cut down, lopped, topped or uprooted with the planning authority’s consent.   

Anyone intending to carry out such works, however minor, must apply for consent to the planning authority who will publicise the application in a similar way to a planning application. This gives neighbours and other members of the public the chance to object to the application. The applicant may appeal the decision if the planning authority refuses the application, however there is no right of appeal by an interested party if the proposed tree works are granted consent.  

It is an offence to wilfully damage or destroy a protected tree or to undertake any tree works without consent (although certain limited exemptions apply). A conviction may result in a large fine. Wilful damage can also include building or construction works around a tree that cause it to die. 

The planning authority must be convinced that the tree has sufficient amenity value before making a TPO. Amenity value is determined by factors including age and life expectancy, condition, wildlife value, visibility to the public or importance to the local environment.  

Before a TPO can be confirmed, the planning authority will notify the landowner and allow for a period of public consultation.  There is no right of appeal against a planning authority either making or confirming a TPO.  

TPOs can also be made in response to an immediate development threat, which may arise in the form of a planning application or by a member of the public ‘raising the alarm.’ As well as individual, group or woodland TPOs, the planning authority may make an ‘area’ TPO as an emergency measure. This could provide immediate protection to all the trees in an area whilst the planning authority decides which trees merit individual or group TPOs.  

Where development proposed in a planning application involves any work to a protected tree, the TPO will be a material consideration but will not necessarily cause the application to be refused. However, if a planning application proposes the removal of a TPO tree, this may be a good ground of objection to the application, particularly if the tree remains of high amenity value. A planning permission may impose a requirement for a replacement tree, but this is unlikely to replace the amenity value of the tree to be removed. A separate tree works application is not required if works to the tree or its removal are approved as part of a planning application.  

Permitted development rights do not override a TPO. Any works to a protected tree that are necessary to implement a permitted development proposal will therefore require planning authority consent.  

Trees that are not protected by a TPO may still be a material consideration to a planning application, particularly if they provide screening or otherwise contribute to residential or local amenity.   

Planning applications may include a detailed survey of all trees, not just TPO trees, on the application site, so that the age, size and condition of the trees can be taken into account and, if necessary, those trees protected. However, there is no strict requirement for a tree survey to accompany a planning application, so whether or not one is required is down to the discretion of the planning authority.  

When considering a planning application, the planning authority can decide to make a TPO to protect trees of high amenity value. However, if it decides that the making of a TPO cannot be justified, the planning authority can still ensure that the trees on the site are protected during construction of the development by an appropriate planning condition. Such a condition will normally require the developer to put in place and maintain tree protection measures in accordance with the British Standard (BS) 5837 – ‘Trees in Relation to Design, Demolition and Construction’. The tree protection measures should be monitored, and any breach of a tree protection condition can be enforced against by the planning authority (if the criteria for enforcement are met).  

While there is no direct or specific protection for individual trees, other than TPOs, Policy 6(b) of the National Planning Framework (NPF4) states that ‘development proposals will not be supported where they will result in (i) any loss of ancient woodlands, ancient and veteran trees, or adverse impact on their ecological condition, or (ii) adverse impacts on native woodlands, hedgerows and individual trees of high biodiversity value...’. There are often similar policies that seek to protect trees and woodland in local development plans. 

The planning authority must be notified of any intention to carry out any work to trees over a certain size (trunk diameter of 75mm or more at 1.5m from ground level, or 100mm in diameter if thinning to help the growth of other trees) in a Conservation Area, but there is no requirement for neighbours to be formally notified. The reason for the notice is to give the planning authority the opportunity to make a TPO, which must be done within six weeks of the date of the notice.  

In response to the notice, the planning authority has three options: 

• to make a TPO 

• to give express consent to carry out the works specified in the notice 

• to do nothing, in which the works may be undertaken once the six-week notice period has expired 

The planning authority cannot ‘refuse’ the notified works. If they consider the works should not go ahead, they must make a TPO.  

Many bird and bat species have strict legal protection that makes it a criminal offence to deliberately or recklessly disturb them or destroy their nesting or roosting habitat. This means that a precautionary approach must be taken when considering any interference with the likely habitat of a legally protected species.   

Several protected species of birds and bats use trees for nesting and roosting. Trees that may contain bird nests or bat roosts must be identified and suitably protected for at least as long as it takes to assess, and if necessary, mitigate, the effect of any tree works on protected species. Advice will most likely need to be sought from a qualified ecologist. Planning authorities may have their own ecologists, or they may seek advice from NatureScot (the government agency that advises on the natural environment in Scotland).   

Read more about wildlife and the law here. 

Felling of trees in a woodland area may require a felling permission from the relevant forestry authority (Scottish Forestry) unless an exemption applies. The Forestry and Land Management (Scotland) Act 2018 provides the legal basis for the regulation of forestry in Scotland. 

In some situations trees may need to be cut down, for example if they are dead or diseased and pose a risk to people’s safety.   

The planning authority’s consent is not required to carry out works to a dead tree. In most cases, five days written notice should be given before undertaking such works on a tree protected by a TPO.  

In certain situations, a TPO tree may require urgent work to reduce an immediate risk of serious harm, for example removing branches to prevent an injury to passing pedestrians. In these instances, the tree owner must give written notice to the planning authority as soon as possible after the work becomes necessary.  

Dead branches can be removed from a living tree without giving notice or obtaining consent.   

However, deadwood should be retained on living trees wherever possible as it provides a valuable habitat for plants and wildlife. Read more about this in the Woodland Trust’s guidance on the importance of deadwood.   

The Town and Country Planning (Scotland) Act 1997 (as amended) – Part V11 Chapter 1 Trees 

Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas) (Scotland) Regulations 2010 

Planning Circular 1 2011: Tree Preservation Orders 

How to stand up for trees

Protecting ancient woodland, ancient trees and veteran trees