From Clive Preston of Stockbridge & Inverleith CC:

It's apparent that the statutory protection of trees within a Conservation Area is totally inadequate. With hundreds of applications for tree work and felling being made each year, it is highly possible that, due to staff shortages, not every site is visited by Council Officers as it should be by procedural requirement. So, even more trees are being lost. Confidence in the whole process is not very high.

Established trees make a major contribution to the character and amenity of an area and those within Conservation Areas have statutory protection. What this means is that before any tree work (including felling) is carried out in a Conservation Area, the City of Edinburgh Council must receive written notice identifying the tree(s) and detailing the nature and extent of the proposed works.  (This requirement does not apply if a tree is less than 7.5cm diameter, or 1.5m high, or 10cm in diameter, or thinning is intended to help growth of other trees. If a tree is dying, dead or dangerous, the Council still needs to be notified of any proposed work.) This allows an assessment of the proposals by the Councils’ Arboriculture Officers. The only way the Council can protect a tree is by issuing a Tree Protection Order (TPO). It cannot otherwise refuse consent.

TPOs are used to protect selected trees and woodlands if their removal would have a significant detrimental impact on their environment. They must be of sufficient stature and sound condition so that they can be described as being an amenity to the public at large. Tree work undertaken within a Conservation Area without notification and consent makes those responsible liable to a financial penalty.

In reality, only a handful of TPOs are issued by the Council each year, meaning that most tree applications, including those for felling, are granted. Unfortunately, the process of a TPO does not necessarily protect a tree if removal has been approved by the Council as part of building planning consent. This is something to look out for. By way of example, some years ago, between 60 and 80 trees with TPOs were felled in the Trinity House Park site in north Edinburgh to allow for residential accommodation (now called Larkfield Gardens.)