Felling permission exemptions for utilities and infrastructure

If you're applying for an exemption, you're expected to collect evidence that the exemption applies. 

This can be done by:

• carrying out basic surveys
• taking photographs
• recording any decisions you make before starting work  in risk assessments and method statements (you should keep these records for three years)

Immediately dangerous

A tree where necessary for the prevention of immediate danger to persons or to property.

This exemption applies where trees present an immediate danger and are:

• a direct risk to people
• a risk to infrastructure and utilities
• The term ‘property’, may include:
• any buildings
• access tracks
• where trees have compromised boundaries such as fences or dykes 

This exemption would be relevant to infrastructure not specifically covered by other exemptions. For example; mobile phone masts.

Tree felling should only undertaken where the danger cannot be removed by felling individual branches or limbs.

Electricity operators

Felling of a tree: 

• by, or at the request of, an electricity operator
• where the tree is in close proximity to an electric line or electrical plant (existing or to be installed)
• the presence of the tree is: 
  • obstructing or interfering with the installation, maintenance or working of the line or plant
  • constituting an unacceptable source of danger (whether to children or to other persons) 

'Danger' is where the tree:

• is currently touching an electric line
• where a tree may be climbed and a line touched from the tree 

The following are exempt:

• trees blown onto power lines
• trees that need to be felled in case they are blown onto lines
• trees blown across roads and tracks that are required to safely access the line

Please note, resilience felling will require felling permission.

How to apply to fell trees

Road transport 

The Roads (Scotland) Act 1984 confers power to relevant authorities to: 

• identify trees that are likely to cause danger by falling on to the road
• serve notice requiring those trees to be felled
• carry out the works themselves 

Roads (Scotland) Act 1984 (legislation.gov.uk)

Authorities include:

• Local Authorities (for the public roads network on their lists)
• Transport Scotland (for the Trunk Roads Network)

Trees within falling distance of the road that are likely to blow over can also be felled by order or directly by these authorities under the Act.

Railways and Statutory Undertakers 

Felling of a trees on land occupied by, or at the request of, a statutory undertaker. Where trees are obstructing, or interfering with the construction or maintenance of their work. 

“Statutory undertaker” means a person authorised by any enactment to carry on any:

• railways
• light railways
• tramways
• road transport
• water transport
• canals
• inland navigation
• docks
• harbours
• power
• lighthouse undertaking
• undertaking for the supply of hydraulic power or of water

They should demonstrate trees currently obstruct the construction or maintenance of infrastructure.

Statutory undertakers cannot carry out the felling of trees on land that they do not occupy.

To undertake felling on another persons land, a valid exemption or permission is required.

Water network

Felling of a tree by, or at the request of, Scottish Water, where the tree is or may interfere with the functions of Scottish Water.

Flood management

Felling of a tree by, or at the request of, a local authority - where done in accordance with the local authority’s functions under the Flood Risk Management (Scotland) Act 2009 section 56(1) and (2) (a) to (d). 

Flood Risk Management (Scotland) Act 2009 (legislation.gov.uk website) 

Felling under this exemption must be in accordance:

• with the implementation of an approved flood risk management plan
• where necessary to reduce the risk of a flood, which is likely to occur immediately and have serious adverse consequences

Other exemptions that may be appropriate

Any trees with a diameter at breast height (measured at 1.3 metres from the ground) of ten centimetres or less do not require felling permission.

Less than 5 cubic metres of timber 

5m³ of timber can be felled within any set calendar quarter, per land ownership.

Specific places 

With the landowners permission, a felling permission is not required in:

Orchards

An area of land, frequently enclosed, given over to the cultivation of fruit trees.

Gardens

A piece of ground adjoining a house, in which grass, flowers, and shrubs may be grown.

Churchyards

An enclosed piece of ground in which a church stands.

Burial grounds

Land that's set apart as devoted to the internment of human remains. This includes land that was, but is no longer, used primarily for the burial of human remains. 

Burial and Cremation (Scotland) Act 2016 (legislation.gov.uk website)

Public open space

An area which is designed and maintained for use by the public but does not include any stands of trees which have a canopy cover of more than 20% within an area of 0.1 hectares or greater. This may include open areas within:

• public gardens
• parks
• urban greenspaces
• trees forming part of the built environment (lining streets)