TREES
A Guide to Planning Legislation and Best Practice
Trees in the Cityscape
The purpose of this leaflet is to provide guidance and to highlight issues you should consider
if you are intending carrying out any work on trees.
The importance of trees in the landscape in and around Dundee cannot be over estimated.
The most attractive approaches to the city are through the wooded residential areas of
Broughty Ferry/West Ferry and the West End. In these areas it can be said that it is the
mature landscape even more than the architecture which gives the areas their special
character. It is difficult to imagine our local environment without trees, yet this situation could
occur if the trend for the removal of trees continues. The authorised and unauthorised
removal of trees represents a problem but perhaps the greatest threat is the failure to
maintain and replant trees.
Trees and Dundee 21
Dundee 21 is Dundee’s response to a global sustainability agreement made in 1992. The
Government has also asked all Local Authorities to prepare strategies for sustainability by
the end of 2000. Dundee 21 is therefore about improving all our quality of lives without
reducing the quality of life for future generations. The life of a tree can span many
generations and add to our, and our children’s, quality of life in many different ways. For
instance, trees…
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are important for wildlife (an oak supports over 300 species)
are an integral part of many attractive landscapes
trap dust particles
convert carbon dioxide (the major gas causing global warming) into oxygen
provide shade from the sun
Legislation
The planning legislation provides the principal means by which the City Council can control
the felling and lopping of trees by
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promoting Tree Preservation Orders
enforcing control measures throughout the City’s designated Conservation Areas
imposing suitable conditions on planning permissions
1. Tree Preservation Orders
Following a procedure laid down in the legislation the Council can designate Orders which
have the effect of prohibiting owners from felling, topping or lopping of individual or groups of
designated trees without the prior written approval of the Council. These Orders are most
often applied to trees which are either of significant importance or which are under threat, for
example, from development. However, special provisions apply for trees which require to be
felled or lopped for safety reasons and owners should contact the Council first for detailed
advice. A register of Tree Preservation Orders may be consulted at the Planning and
Transportation Department.
2.
Trees in Conservation Areas
The City Council has designated, as Conservation Areas, those parts of the City which have
a special character worthy of preservation and enhancement and where special
development control measures are in force. There are presently twenty such areas across
the City, including the Law Terraces, Logie and Trottick. A general leaflet relating to these
areas and leaflets for each individual area are available separately from the Planning and
Transportation Department.
The special character of these areas owes much to the contribution made by individual trees
or groups of trees. In addition to special controls relating to design and demolition, trees are
also afforded special protection. Anyone wishing to fell or lop a tree anywhere in a
designated Conservation Area must give the Council six weeks notice in writing of these
intended works in order that the Council can consider whether the proposals are necessary
and appropriate and to offer specialist advice to those intending to carry out the work. It is an
offence under the planning legislation not to give the Council this period of notice and if
prosecuted a maximum fine of £20,000 may be imposed by the Courts. The Council also has
the power to enforce mandatory replanting. Where the Council finds a proposal
unacceptable and an acceptable alternative course of action cannot be agreed through
discussion, it may seek to impose the protection of the tree with a Tree Preservation Order.
A register of such felling and lopping requests is available at the Planning and
Transportation Department.
DO NOT UNDERTAKE THE FELLING OR LOPPING OF ANY TREE IN A DESIGNATED
CONSERVATION
AREA
WITHOUT
CONTACTING
THE
PLANNING
AND
TRANSPORTATION DEPARTMENT OR THE COUNCIL’S FORESTRY OFFICER FIRST.
CONTACT DETAILS ARE PROVIDED ON THE BACK OF THE LEAFLET.
Successful conservation cannot be achieved by the use of planning legislation alone. Much
depends on the goodwill and co-operation between local residents, Community Councils,
various agencies and the Council. Change is inevitable and desirable. Trees may die of old
age and some need to be felled to make way for new planting. It is not the policy of Dundee
City Council to prevent change, only to control and guide it.
3.
Planning Permission
In determining applications for Planning Permission the City Council must make adequate
provision for the preservation and planting of trees, where appropriate. The Council may ask
applicants and developers to provide plans showing those trees which are intended to be
preserved and those which are to be removed together with plans of new planting proposals.
Conditions may be placed on planning permissions issued where trees may be affected. The
conditions stay in force even after the property has been sold.
It is therefore best to check with the Planning and Transportation Department before starting
on any topping, lopping or felling on a property which has just been purchased. Those
intending to purchase a property should advise their solicitor to check for any conditions or
outstanding planning submissions, TPO or Conservation Area requests.
Other Methods of Control
Felling Licences - Anyone felling a substantial quantity of timber may need a felling licence.
This is administered by the Forestry Commission and further advice should be obtained from
the Forestry Commission, 14 Gowans Terrace, Perth, PH1 5AN. Telephone 01738 442830.
Sites of Special Scientific Interest (SSSI) - These are designated by Scottish Natural
Heritage. Owners and occupiers of and designated as such will already have been notified of
this. Most SSSI in Dundee carry the condition that both tree felling or planting and
management most be notified to Scottish Natural Heritage. Further advice on SSSI can be
obtained from Scottish Natural Heritage, West Lodge, Airlie, by Kirriemuir, DD8 5NP.
Telephone 01575 530333.
Common Law Rights
Trees - You have rights to prune back branches over-hanging your property, but there are
restrictions. It is often better to discuss the matter with your neighbour prior to carrying out
work, they may even agree to help you or allow you to remove more than the law provides.
1. You must have the owner’s permission to dispose of the felled branches.
2. There is no legal provision for your neighbour to pay for the pruning or disposal of
material.
3. You have the right to return the prunings, however you may be held liable if damage is
caused in doing so.
Roots - You have the right to prune back roots which are causing damage to your property,
but there are restrictions. You may be held liable if any trees die or fall as a result of your
root pruning.
Hedges - Overgrown hedges may cause a nuisance however they are not covered by any
law. The same applies to fallen leaves.
Right to Light - Whilst there is no absolute right to light, it may be possible to obtain an
injunction to ensure your neighbour prevents further growth of their tree where there is an
unacceptable loss of light. Views are not covered by any laws and no action can be taken
where tree growth obstructs a view.
How can we help you?
The Council’s Planning Enforcement Officer will be happy to answer any enquiries you have
regarding:Tree Preservation Orders
Planning Conditions
Trees in Conservation Areas
Lesley Campbell
Enforcement Officer (West)
Planning and Transportation Department
Floor 15, Tayside House
28 Crichton Street
Dundee, DD1 3RB
Telephone: 01382 433019
Fax:
01382 433013
Amanda Vaughan
Enforcement Officer (East)
Planning and Transportation Department
Floor 15, Tayside House
28 Crichton Street
Dundee, DD1 3RB
Telephone: 01382 433315
Fax:
01382 433013
Email:
Email:
lesley.campbell@dundeecity.gov.uk
amanda.vaughan@dundeecity.gov.uk
The Forestry Officer in Dundee Contract Services can offer you advice on:Tree Planting
Maintenance of Trees
Eric Hamilton, Forestry Officer
Dundee Contract Services
Camperdown Park
Dundee
Telephone: 01382 431805
Further information may be found in the Care for Trees leaflet series produced by the
Arboricultural Association. These can be obtained from the Planning and Transportation
Department.
No 1
No 2
No 3
No 4
No 5
No 6
No 7
No 8
No 9
Trees for Small Gardens
Guide to Tree Planting
Young Tree Maintenance
Tree Management
Evergreen Hedges
Tree Routes
Thinning Groups of Trees
Mature Tree Maintenance
Protection of Trees on Development Sites Part I Drawing Board: Obtaining
Planning Consent
No 10 Protection of Trees on Development Sites Part 2 On Site: Implementing Planning
Consent
No 11 Trees: Excavations and Highway Maintenance including Trenching, Kerbing,
Surfacing and Entrance Crossings
Tree Selection
Selecting the most suitable species is essential. Consideration must be given to the ultimate
size of the mature tree. When planting close to a house choose a tree that will not grow too
large in maturity to avoid overshadowing, and consider the purpose of your tree, whether it is
providing screening or acting as an impressive specimen.
The Aboricultural Association Leaflet No 1, Trees for Small Gardens provides guidance for
choosing trees of a suitable scale for residential areas.
Planting
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Always dig a hole large enough for the roots to spread
Drive in a stake
Place the tree in the hole ensuring the root collar (nursery line) is at its original soil depth
Replace the soil carefully, and gently firm by treading down.
Tie the tree firmly with proper tree ties.
Remember to check and adjust the ties as the tree grows.
Inspect the tree regularly to see that it is healthy.
If in doubt call a tree expert.
Choosing a Contractor
The Arboricultural Association recommends that you decide what work you require and
when you would like the work carried out before you invite contractors to quote. Quotations
are normally free whereas advisory work may command a fee. Obtain more than one quote
so that you can compare prices and choose the right company for the job. Finally, always
check that the contractor has a current insurance premium and consider how you intend to
dispose of waste, as this can prove expensive.
Pruning
For deciduous trees it is best to carry out pruning in late autumn and early winter as it is
easier to see the form of the tree when the trees are bare. Careful, professional pruning
provides many benefits:
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it can be good for the trees health
overhanging branches on roads and paths can be removed for safety reasons
branches can be thinned to let light in, or to reclaim a view
branches can be removed to reduce wind resistance
Pruning large mature trees can be dangerous and without specialist knowledge and
guidance a tree may become unstable and hazardous after pruning.
There are two methods of pruning a tree:
A - Crown Lifting - The lower branches are removed to increase the height of clear trunk.
B - Crown Thinning and Reduction - Congested growth is removed which promotes the
health of trees. Selected branches are removed from the trunk at regular intervals. Amateur
work can damage a tree which is impossible to rectify. It is always best to consult an expert
before starting major pruning and maintenance work on trees.