Tree conservation
Protected trees
You need permission from the Council to undertake work to any protected tree(s).
- If the tree(s) are covered by a Tree Preservation Order or by Conservation Area status you need to submit a Tree Works Application Form.
- If the tree(s) are protected by a condition on a planning consent then you may need to make a New Planning Application to vary the terms of the original consent.
- In some cases a condition on a planning consent may require that permission in writing is obtained prior to carrying out work to trees, in these cases, a Tree Works Application Form needs to be submitted.
These applications can be submitted online using the Scottish Government's ePlanning Scotland website. Alternatively you can submit an application by post using downloadable forms.
It is an offence to cut down, lop, top, uproot or wilfully damage or destroy a protected tree without the Council's permission. Carrying out work to protected trees without permission can lead to a fine of up to £20,000.
Un-protected trees
Generally speaking no action is required to carry out work to trees which are not protected by any of the above. If however more than 5 cubic meters is to be felled then a Felling License is required from the Forestry Commission.
Exemptions
If a tree is dead, dying or dangerous then it may be exempt from requiring permission for works to be carried out. In such circumstances:
- you still have a duty to notify the Council in writing of any proposed works,
- notice should be given at least 5 days before any work commences or be given as soon as you can after the work has taken place,
- proof of the condition of the tree prior to the work being carried out must be provided with the notification.
Further information
For further information on protected trees please feel free to contact the specialist Landscape Officer attached to the Development Management section.
If you have any concerns over trees on land owned or maintained by the Council please contact the Land and Countryside Section.
If you have any safety concerns over trees overhanging public roads or paths then please contact the Council's Road Services Section.
Development Management Landscape Officer
Fairfield House
8 Lothian Road
Dalkeith
EH22 3ZN
development.management@midlothian.gov.uk
0131 271 3340 (tel)
0131 271 3537 (fax)
Land and Countryside
62a Polton Street
Bonnyrigg
EH19 3YD
commercial.services@midlothian.gov.uk
0131 663 1103 (tel)
0131 654 2797 (fax)
Road Services
Dundas Buildings
62a Polton Street
BONNYRIGG
EH19 3YD
commercial.services@midlothian.gov.uk
0131 663 1103 (tel)
0131 654 2797 (fax)


