Scottish Planning Series: Planning Circular 1 2011: Tree Preservation Orders
This Circular and attached annex set out Scottish Government Policy onTPOs 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 theTown and Country Planning
RIGHTS OF ENTRY
Imminent danger to trees: entry to affix a copy of TPO 48
83. If it appears to a planning authority that a tree, group of trees or woodlands:
- on land in their district; and
- in respect of which they have made a TPO,
may be in imminent danger of being cut down, topped, lopped, uprooted, wilfully damaged or wilfully destroyed and it is expedient that a copy of the order should be affixed to the trees, then a person authorised by the planning authority may enter the land to affix a copy of the order.
84. This does not prejudice the procedure to be followed in connection with the confirmation of a TPO.
Rights to enter without warrant
85. Any person duly authorised in writing by a planning authority may enter any land for the purpose of:
- surveying it in connection with making or confirming a TPO;
- ascertaining whether an offence has been committed with regards to a TPO or a tree in a conservation area; or
- determining whether a tree replacement notice should be served on the owner of the land,
if there are reasonable grounds for entering for the purpose in question. 49
86. Admission shall not be demanded as a right to any building used as a dwellinghouse, unless 24 hours notice of the intended entry has been given to the intended occupier. Any right to enter shall be exercised at a reasonable hour. 50
87. Any person duly authorised in writing by Scottish Ministers may enter any land for the purpose of :
- surveying it in connection with making, amending or revoking a TPO if there are reasonable grounds for entering for that purpose. 51
88. Scottish Ministers shall not authorise any person without consulting the planning authority. Admission shall not be demanded as a right to any building used as a dwellinghouse unless 24 hours notice of intended entry has been given to the intended occupier. Any right to enter shall be exercised at a reasonable hour. 52
89. Any person who is duly authorised in writing by the planning authority may enter any land in connection with the exercise of any function conferred on the planning authority by or under sections:
- 159 to 163
- 167 to 170 53 .
90. Admission shall not be demanded as a right to any land which is occupied unless 24 hours notice of the intended entry has been given to the occupier. Any right to enter shall be exercised at a reasonable hour. 54
91. Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, estimating its value, in connection with a claim for compensation in respect of any land which is payable by the planning authority under section 165 (compensation in respect of TPOs). 55
92. Admission shall not be demanded as a right to any land which is occupied unless 24 hours notice of the intended entry has been given to the occupier. Any right to enter shall be exercised at a reasonable hour. 56
93. Any person who is duly authorised in writing by the Scottish Ministers may enter any land in connection with the exercise of any functions conferred on the Scottish Ministers by or under sections.
- 160-162
- 168(1) to (3)
- 169-170 57 .
94. Admission shall not be demanded as a right to any land which is occupied unless 24 hours notice of the intended entry has been given to the occupier. Any right to enter shall be exercised at a reasonable hour. 58
Right to Enter Under Warrant 59
95. If the sheriff is satisfied that there are reasonable grounds to enter any land for any of the following purposes:
- surveying it in connection with making or confirming a TPO;
- ascertaining whether an offence has been committed with regards to a TPO or a tree in a conservation area;
- determining whether a tree replacement notice should be served on the owner of the land; or
- surveying it in connection with making, amending or revoking a TPO,
and that admission to the land has been refused, or a refusal is reasonably apprehended or in the case is one of urgency, he may issue a warrant authorising any person duly authorised in writing by a planning authority, or as the case may be, the Scottish Ministers to enter the land.
96. Admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.
97. A warrant authorises entry on one occasion only and that must be within one month from the date of the issue of the warrant, and at a reasonable hour, unless the case is one of urgency.
Rights of Entry : supplementary provisions 60
98. Any power conferred under or by virtue of Section 176 (Rights to Enter without warrant) or Section 176 (right to enter under warrant) shall be construed as including the power to take samples from any tree and samples of the soil.
99. A person authorised to enter land in the exercise of a right to entry:
- shall, if required, produce evidence of his authority and state the purpose of the visit before entering;
- may take such other persons as may be necessary; and
- on leaving the land shall, if the owner or occupier is not present, leave it as effectively secured against trespassers as it was found.
100. Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
101. If any damage is caused to the land or moveable property in the exercise of the right of entry, compensation may be recovered by an person suffering the damage from the authority who gave the written authority for the entry or, as the case may be the Scottish Ministers.
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