Tree preservation order
A Tree Preservation Order (TPO) is made by the local 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 2010.
The TPOs are made to protect individual tree(s), groups of tree(s) or woodlands which have particular amenity value, historic or cultural significance as well as tree(s) which make a significant contribution to the landscape or townscape or because there may be a potential threat to the trees. TPOs protects specific trees from deliberate damage and destruction. This could include felling, lopping, topping, uprooting or otherwise wilful damage.
The local authority assess and decide which tree(s) qualify to become protected by a TPO. The local authority consider a number of factors in this assessment process, including: condition, likely retention span (in years), relative public visibility and whether the trees is under threat. For a TPO to be considered by East Ayrshire Council, the trees must contribute to the wider amenity and attractiveness of a given area, not simply for a limit number of persons.
Works to a tree(s) with tree preservation orders
A tree with a TPO placed on it needs the written permission of the Council before any work can be done that might affect it in any way. Anyone damaging a tree with a TPO could face prosecution. A TPO does not offer absolute protection for trees though and applications can be made to remove a tree with an order for a variety of different reasons.
Permission for tree works to tree(s) affected by a TPO is sought by submitting a standard planning application. Details on how to submit a planning application can be found on our Planning Application Forms.
We hold details of all TPOs in East Ayrshire and you should contact us to check that any tree you wish to fell or carry out work on is not covered by a TPO. TPO's can also be viewed on our Online Mapping, under the General Planning Layers group.
Served tree preservation order
When a TPO is made it is served by letter with a copy of the certified TPO document to all owners and interested parties as well as a copy being sent to Forestry Scotland and to the Keeper at Registers of Scotland. An advert is placed in the local press at the same time, this may include the Kilmarnock Standard, Cumnock Chronicle and the Edinburgh Gazette.
A copy of the certified TPO document is normally available to view in the reception area of Development Planning and Regeneration at The Opera House, 8 John Finnie Street, Kilmarnock, KA1 1DD.
However, given the current situation with COVID-19 and the associated restrictions, certain Council offices are not open to the public. As such, an electronic version of any live consultations can be viewed within the Current Consultations section below.
Tree Preservation Orders in which the consultation period has expired and are currently pending confirmation:
Confirmed tree preservation order
The Council must confirm a Tree Preservation Order within six months of the original date it was served on.
A letter and a copy of the document is sent to all owners and to Forestry Scotland. The document is also sent to Legal Services in the Chief Executive Department asking that the Tree Preservation Order is registered with the Keeper at the Registers of Scotland.
A copy of the document is normally available at Development Planning and Regeneration, The Opera House, 8 John Finnie Street, Kilmarnock, KA1 1DD. However, due to COVID-19 restrictions an electronic version of recently confirmed TPOs will be updated on this page.
TPO's can be viewed on our Online Mapping, under the General Planning Layers group.