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Scottish Planning Series: Planning Circular 1 2011: Tree Preservation Orders

DescriptionThis Circular and attached annex set out Scottish Government Policy on TPOs and trees in conservation areas contained in the Town and Country Planning (Scotland) Act 1997, as amended by the Planning etc. (Scotland) Act 2006 and the Town and Country Planning (Tree Preservation Order and Trees in Conservation Areas)(Scotland) Regulations 2010 (SSI 2010/434).
ISBN
Official Print Publication Date
Website Publication DateFebruary 01, 2011

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ISBN 978 0 7559 9978 1 (Web only publication)
ISSN 0141 514X
DPPAS 11215

This document is also available in pdf format (254k)

Contents

PLANNING SERIES

INTRODUCTION

INTERPRETATION

GENERAL DUTY AS RESPECTS TREES

TREE PRESERVATION ORDERS
Power to make TPOs
Power for Scottish Ministers to Make TPOs
Making the TPO
Procedures and Representations
Confirming the TPO
Action where TPO is not confirmed
Varying and Revoking Orders
Offences and Penalties
Applications for consent
Exemptions

REPLACING TREES
The duty to replace trees
The duty to replace woodlands
Enforcing the Duty: Notices Requiring the Replacement of Trees
Enforcing Conditions of Consent Section
Execution and Costs of works required by Section 168 Notice

APPEALS
Appeals against Notices requiring the replacement of trees

COMPENSATION
Compensation in respect of a TPO
Compensation in respect of a replanting direction

CONSERVATION AREAS
Exemptions
Giving Notice
What the planning authority can do
Register
Penalties
Replacement of trees

RIGHTS OF ENTRY
Imminent danger to trees: entry to affix a copy of the TPO
Rights to enter without warrant
Rights to enter under warrant
Rights of Entry: supplementary provisions

TRANSITIONAL ARRANGEMENTS

ANNEX A - MODEL FORM OF TREE PRESERVATION ORDER