11.1.2 Why Are Tree Preservation Orders Made?

Legislation under various Town and County Planning Acts and Regulations makes it the responsibility of the Local Authority to protect the natural environment. To enable the Local Authorities to achieve this end these Acts and Regulations empower the Authorities to impose conditions for the preservation and planting of trees under Tree Preservation Orders as appears to the Authority to be necessary.

Local Authorities are responsible for granting planning permission for building developments within their areas of responsibility. In granting such permission it is their duty to create such Tree Preservation Orders as they think necessary, prior to development, to preserve trees, woods, hedges etc. and save areas from unnecessary destruction while at the same time possibly enhancing the environment of the community that will eventually live there.

11.1.3 Who Can Make Tree Preservation Orders?

As from 27 October 1981 planning authorities (Local Authorities) were made solely responsible for the confirmation of Tree Preservation Orders and the Secretary of State for Scotland has no function in that respect.

11.1.4 What Legislation Is Involved?

Current legislation:

1. 1. Town and County Planning (Scotland) Act 1972 Sections 57 to 60 and 99.
   2. Town and County Planning [Tree Preservation Order and Trees in Conservation Areas] [Scotland] Regulations 1975.
   3. Local Government [Miscellaneous Provisions] [Scotland] Act 1981, Section 22(1)(a).
   4. Town and County Planning [Tree Preservation Order and Trees in Conservation Areas] [Scotland] Amendment Regulations 1981.

11.1.5 How Does This Affect The Development?

Once the Tree Preservation Order is confirmed it is recorded in the appropriate Division of the General Register of Sasines or registered in the appropriate County in the Land Register depending on whether it affects unregistered or registered subjects.

It is the responsibility of the Keeper to note the effects of Tree Preservation Orders, of which he is aware, on the Title Sheet of registered titles.

11.2 TYPES OF TREE PRESERVATION ORDER

Tree Preservation Orders divide into two distinct categories with clear and separate types of reference required to be given by plans staff when either type is involved.

The more common type of Tree Preservation Order is that which identifies, normally by reference to a plan and schedule, areas of ground affected by it. For the purposes of reference in this Agency this type of Tree Preservation Order will be described as "General Area TPO".

From time to time Tree Preservation Orders will be lodged which identify specific trees, hedges or small groups of trees to be preserved, again normally by reference to a plan and schedule. For the purposes of reference in this Agency this type of Tree Preservation Order will be described as "Specific Feature TPO".

11.3 PLANS ACTION

11.3.1 General

It is the job of plans staff to draw to the attention of the legal examiner the fact that a Tree Preservation Order affects the subjects of a First Registration and if necessary provide a reference for the area or detail concerned.

11.3.2 Plans Records And Indexing

Copies of Tree Preservation Orders with plans and schedule are retained.

11.3.3 TPOs Affecting Specific Trees

When these TPOs are mapped it is not intended to mark the position of each individual tree on the Index Map as it is often the case that a reference for this type of TPO is not required on the Title Plan. The full extent of all properties affected by the TPO (e.g. house plots, industrial units etc.) should be enclosed by a brown bordered polygon. A copy of the OS map showing the position of the individual trees should be placed in the TPO folder. This will assist the FR mappers if a Title Plan reference is requested by the Legal Settler. When creating the Index Entry a note should be added to the Instructions field as follows -

This TPO affects specific trees within the area edged brown on the Index Map. See TPO file for the position of these trees. If Title Plan references are required for these trees they should be arrowed and lettered T in red. NO TITLE PLAN REFERENCE SHOULD BE GIVEN FOR THE AREA EDGED BROWN.

In cases where only a small number of trees are affected they may be arrowed and lettered T in red on the Index Map and the note amended to read –

This TPO affects the trees arrowed and lettered T in red within the area edged brown on the Index Map. If Title Plan references are required for these trees they should be arrowed and lettered T in red. NO TITLE PLAN REFERENCE SHOULD BE GIVEN FOR THE AREA EDGED BROWN.

When an FR is received which is affected by one of these TPOs the Plans Settler should consult the appropriate Legal Examiner to determine whether or not a Title Plan reference will be required. This may have already been decided in the case of TPOs affected by Research Areas. If references are required, and the TPO affects an area which is larger than the FR being dealt with, the Plans Settler should arrange for all the trees to be arrowed and lettered T in red on the TPO Index Entry. The Instructions field should be amended to reflect the Legal Settlers requirements of future applications affected by the TPO.

11.3.4 TPOs Affecting Areas Of Ground Or Groups Of Trees Edged Or Tinted On The Deed Plan

Each of the areas affected by the TPO should be enclosed within a yellow bordered polygon. There is no requirement to supply additional references to identify the individual plots depicted on the TPO plan. The TPO Index text should read as follows –

This TPO affects trees within the land edged yellow.

On receipt of an FR which is affected by the area edged yellow the Plans Settler should consult with the appropriate Legal Examiner to determine whether or not a reference will be required on the Title Plan for the part of the subjects affected by the TPO. The Instructions field should be updated to reflect the Legal Settlers requirements for future applications affected by the TPO. If the TPO is affected by a Research Area mapping instructions may already exist and the above action may not be necessary.

Some TPOs will fall into the above categories as they will affect both specific trees and areas or groups of trees. These should be mapped using a combination of the above procedures i.e. brown and yellow edgings and an appropriate note in the Instructions field.