A blog by Will Ellis
Across our city and beyond, urban trees are beginning to be recognised as key contributors to
our public and private spaces. In Edinburgh, a majority of trees exist on private land, such as
peoples’ gardens. Despite their significant role in the character, aesthetics, and ecosystems of
the city, it is only in conservation areas where all significant tree work is subject to local
authority scrutiny. While a Tree Protection Order can be applied anywhere, conservation areas
benefit, in theory, from an extra level of legal protection.
In light of my research into tree protection measures in the Merchiston and Greenhill
Conservation Area, and discussions with a variety of local residents, arboriculturalists, and
planners, it has become clear that many believe that more could be done to manage private
trees within the interests of the general public.
Whilst garden trees were often imagined as assets to the built, natural, and social environment,
the numbers show that, despite special regulatory measures, even mature and historic trees
can still be vulnerable to removal (see article 2). At the same time, local authorities across
Scotland continue to face significant financial pressure, limiting the resources available for
monitoring, enforcement, and long-term urban tree management.
Whilst regulation remains important, the future of Edinburgh’s trees – both inside and outside
conservation areas – depends on the actions of residents, neighbours, professionals, and
communities. From my extended research, this guide has been developed as a practical
resource for local residents, aiming to outline an approach to tree work that centres good long-
term stewardship practices.
1. Always use a qualified professional
– Employ arborists approved by the arboricultural association or recommended by trusted
local networks such as your local trusted trader page.
– Ask to see evidence of qualifications and insurance before work begins.
– Avoid “cowboy” operators; unqualified contractors who may offer cheap jobs but cut
corners on safety, professionalism and legality.
Practical Tip: If somebody offers you unsolicited tree work, be cautious. Get a second opinion
before agreeing to anything. Residents shared knowledge of locals being pressured into
unnecessary removals.
2. Stay involved in the process
Hiring a professional does not mean handing over all agency and responsibility.
– Read the notification form before it is submitted to the City Council.
– Ask questions if you don’t understand the works being proposed.
– Be clear on whether there are alternatives to tree removal that would solve the problem at
hand. Think: could pruning or another adaptation solve this issue?
3. Know your rights and obligations
Misconceptions are common. Interviews revealed that many residents believed in myths that
are not true, and – if followed – could land you a hefty fine. Here are some key facts:
– A plant is legally considered a tree if its trunk diameter is greater than 7.5cm at chest
height.
– If you regularly employ a gardener, ensure that they are aware of the law.
– If it meets this definition and you are within a conservation area, it is protected – regardless
of species, or who originally planted it.
– Carrying out work without an unopposed notification from the local authority is a crime and
can result in up to a £20,000 fine, alongside a legal obligation to replant.
Extra point: If you’re unsure whether your property is within a conservation area, check the
Council’s interactive map or ask your solicitor. Many residents I spoke to did not realise their property
was in a conservation area until well after they moved in.
4. Submit a full and clear notification.
When the council has more information, decisions are quicker and easier. The form should
ideally include:
– Clear photos from multiple angles, showing scale and context. – A site plan, even a simple
sketch, to show where the tree sits.
– A written explanation of the proposed works and reasons behind them. This should be
honest, be detailed, and avoid speculation.
Important note: Try to resolve neighbourhood disputes before you apply. The Council’s role is to
enforce the law, not to mediate conflicts. Unresolved disputes risk distracting from the planning
issue at play.
5. Think about long-term care
– Under common law, owners have a duty of care over their trees.
– Consider hiring an arboricultural consultant for an inspection of your trees. As they don't
stand to profit from any tree work recommendations they make, you may get a more
comprehensive, detailed and independent opinion.
– The Arboricultural Association and the Institute of Chartered Foresters have registers of
consultants that you can use to find someone trustworthy.
– Regular surveys can also make it easier to manage risks, support applications with evidence,
and prevent unnecessary tree removals.
– Surveys are particularly recommended for shared gardens, or ones with lots of trees, where
responsibilities can be more complex.
Common misconceptions to avoid:
Throughout the research, some recurring misconceptions came up that are worth emphasising:
● “It’s a conifer, so it’s okay to cut down.” False.
● “I planted it, so I can cut it down.” False.
● “If it’s diseased, I don’t need permission.” False.
● “Only large and mature trees are covered.” False.
● “Pruning doesn’t count as tree work.” False.
Trees as a community resource
Across the UK and beyond, communities are increasingly getting involved in the management
of environmental resources. Flood management – for instance – has benefitted from local
people organising and sharing knowledge, experience, and ideas. The same principle could
certainly be applied to the governance of our urban trees and make a real difference to the
outcomes we see.
Some residents I spoke to have already begun to experiment with this approach. A few
households have taken joint responsibility for trees on their shared boundaries, forming
informal groups that share costs, pool decisions, and — in their words — improve neighbourly
relationships. Simple steps like these can take some of the tension out of tree management and
encourage early conversations before formal notifications are even needed.
One initiative gaining ground across the UK is the Tree Warden Scheme
(https://treecouncil.org.uk/tree-wardens/). These are volunteer networks that act as “the eyes,
ears, and voice for the trees down your street.” Tree wardens help monitor tree health, raise
awareness, and work alongside local authorities to ensure the protection of local urban trees.
Establishing similar networks locally could strengthen the link between residents, professionals,
and regulators to give our trees a louder collective voice.
Some final thoughts
We need to take good care of our trees – not just in the conservation area of Merchiston and
Greenhill but also more widely in private gardens throughout the country.
Perhaps the time has come to redefine our relationship with garden trees. Perhaps regulation
should be based less on the concept of property ownership and more on a concept of
stewardship or guardianship. We need to nurture and protect trees for their own intrinsic
beauty and also for the massive benefits they bring to our environment, health and wellbeing.
We need to keep them going until disease or danger makes it impossible to keep them with us.
Architects, builders, stonemasons, tree surgeons and home owners have created ingenious
ways to allow trees to coexist with buildings.
The system of regulation will only be changed by primary legislation in the Scottish Parliament.
But until then, each and every one of us can do our bit to cherish and maintain our tree canopy.
If we do, engaging with arboricultural specialists for advice and resorting to felling only as a last
resort, then perhaps trees like the magnificent specimen at the top of our first blog could
continue to live, and not be cut down.
Do let us know if these blogs have been useful and informative. You can write
to us at secretary@merchistoncc.org.uk or MDCC Engagement and Inclusion Officer merchistoneandi@gmail.com
Thank you