What is Tree Protection Order (TPO)?

What is a Tree Preservation Order (TPO)?

A Tree Preservation Order (TPO) is a legal protection order made by your local council / planning authority (East Lothian Council here) under Scots law (Town and Country Planning (Scotland) Act b1997). It protects individual trees, groups of trees, or whole woodlands that have high amenity, landscape, historic, or wildlife value — stopping them from being cut, pruned, or damaged without permission.
✅ Key Rules & Facts (Scotland / East Lothian)

1. What it bans: You cannot cut down, lop, top, prune, uproot, or damage any protected tree without written consent from the council. Even minor work counts — only essential safety work or deadwood removal in emergencies is exempt (and you still must tell them within 5 days).

2. Difference from Conservation Areas:

◦ Conservation Area: All trees over 75mm diameter protected — you give 6 weeks’ notice (Section 211)

◦ TPO: Specific trees/groups/woods protected — you must apply for formal consent; no work at all until approved.

◦ Many trees are protected by BOTH (most common in East Lothian towns/villages)

3. Penalties: It’s a criminal offence. Fines up to £20,000 per tree (magistrates) or unlimited fines in higher courts. You may also be ordered to replace the tree at your own cost.

4. Who decides? East Lothian Council. Anyone can ask for a TPO if a tree is at risk or important locally.

5. Check yours: Search East Lothian Council’s planning register or ask them directly — your tree surgeon will always check this first.
📌 Quick summary for you
TPO = strongest protection. If a tree has one, no work without permission. Your tree surgeon must handle applications, notices, and approvals — that’s why all the firms I listed earlier are experts in this.
Do you want me to explain exactly how to check if a specific tree has a TPO?