Illustration of a large local tree in autumnal colours

Tree Work and Conservation

Work on garden trees – pruning or felling – within the conservation area of Merchiston and Greenhill is regulated by the City of Edinburgh Council.  

This paper is a guide for residents on the rules and how they apply

There is less protection for trees in the conservation area than you might think!

Those living outside the conservation area may also be interested: any tree, in any location, may be the subject of a ‘tree preservation order’ (TPO).

The context – law & policy

1.   Within the conservation area of Merchiston and Greenhill, work on private owned trees is regulated.  The boundaries of the conservation area are set out in the Council’s paper – Merchiston and Greenhill Conservation area – a character appraisal.  See https://www.edinburgh.gov.uk/downloads/file/23385/merchiston-greenhill-conservation-area-character-appraisal.

2.   All trees in a conservation area are ‘protected’.   Some trees, whether within or outwith a conservation area, may be the subject of a ‘tree preservation order’.  The difference between these terms is important.  This link is helpful – https://www.edinburgh.gov.uk/privatelyownedtrees

Protected trees

3.   This guidance – https://www.edinburgh.gov.uk/downloads/file/30063/protected-trees-in-edinburgh-a-guidance-note makes clear that –

  • The Council has powers to respond to such notifications in one of two ways: it can prevent the work being carried out by putting a ‘tree preservation’ order on the tree.  Or the Council can permit the proposed works.  
  • What the Council cannot do, under current legislation, is refuse permission for the proposed works without making a tree preservation order.
  • Unless the tree is additionally protected by a TPO, the Council have not power to insist on the planting of a replacement tree where one has to be felled because of disease, risk to safety, or risk to a built structure.

Tree preservation orders (TPOs)

4.  Such orders are a form of statutory protection to ensure that all work on specific trees is conducive to tree health and public safety.  Where a tree is the subject of a preservation order, any proposed work must be notified to the planning authority – the City of Edinburgh Council – and consent must be obtained.  There is a map showing all locations subject to a tree preservation order – see

https://cityofedinburgh.maps.arcgis.com/apps/instant/basic/index.html?appid=fb0dc8d4abb44716bb0de99882698af9

5. It is an offence to cut down, top, lop, uproot, wilfully damage or wilfully destroy a tree with a TPO without the Council’s consent.  The Council may prosecute unauthorised work on a tree covered by an Order.  The making of a TPO does not change the tree’s ownership nor the responsibility of the property owner to maintain and manage it.

6.   A TPO is not a ‘quick fix’: considerable work is involved for the Council’s arboricultural officers and the Council’s planning committee is involved.  As the Council’s paper explains:

“The purpose of a TPO is to protect trees that contribute to amenity, for example trees which enhance the character and attractiveness of a locality, or that have cultural or historical significance. Other factors such as wildlife value can be taken into account too. To be eligible for a TPO trees should usually be in good condition, have a significant life expectancy and should not be dead, dying or dangerous. A TPO gives the Council an opportunity to assess the impact of any proposed work to trees or other operations which may affect them. A TPO is not intended to prevent the sound management of trees and woodlands, but to allow the Council to control works which affect them in order to prevent the loss of public amenity.”

7.   It is open to anyone to propose that a tree, or group of trees, should be the subject of a TPO.  The Council’s guidance note explains how owners with trees subject to a TPO go about applying for permission for works.

Replacement trees

8.   Sometimes trees must be felled because of disease, disturbance to built structures or public safety.  

9.  The Council makes clear that a replacement tree is required if:

  • You cut down or destroy a tree in breach of a TPO, or
  • You are given consent for tree removal and replanting is a condition of the consent, or
  • You own protected woodland and are given consent to cut down trees.
  • If you cut down or destroy a protected tree in breach of a TPO, or
  • If you are given permission to cut down a protected tree but replanting is a condition of its consent, or
  • If you own protected woodland and permission is given to cut down trees.

The Council has legal powers to ensure that you plant a replacement tree when required. The original TPO will normally cover the replacement trees.

10.  Given the importance of trees to amenity, landscape and carbon capture, MCC would always encourage householders to replace trees which have to be felled because of damage, disease or risk to public safety – whether or not the Council require such replacement as a condition of consent to fell.  

Sub-standard work

11.   Most of the tree-work carried out in the conservation area is done by professionally qualified tree surgeons, who advise on the health of trees as well as pruning and felling.  As CEC says, “If you are looking to organise tree work, bear in mind that tree work is a dangerous activity and should be carried out by trained, competent and appropriately insured arborists”.

12.   MCC is however aware that there have been cases, within the conservation area, where owners and contractors have presented less than compelling reasons for tree pruning (or, worse, felling).  This damages the neighbourhood.   The Council may impose penalties on such owners.  

Work not notified on protected trees

13.  The guidance paper makes clear: “If you see works to trees being carried out that you can find no record of on the Council’s Planning and Building Standards Portal, please email planningtrees@edinburgh.gov.uk.  If, without putting yourself at risk, you are able to obtain information such as photographs, details of the contractor, vehicle registration numbers etc. this will help the Council in any potential enforcement action.”

Doing our bit

14.   All of us – residents, neighbours, tree owners – have a part to play in ensuring that the area retains its green and leafy character.  Of course, tree work is necessary and this note is not intended to inhibit it where it supports amenity, safety and the environment.  But we all need to vigilant about tree work which threatens to undermine one of our most precious assets.  

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