What Makes a Tree Protected and how to find out

Trees play an important part in the environment, providing shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry additional protection status, making it illegal to carry out any work without permission. If you’re thinking of having a tree removed, it’s essential to understand the protection status of the tree you’re considering, and the steps you have to take to ensure compliance with the law. This article we will walk you through the process of discovering whether trees are secured and the steps you will need be doing to make sure that you are acting within the law.
What is a protected tree?
A protected tree is one that is subject to specific legal controls, and it’s illegal to carry out work on such a tree without the required permissions. There are two types of protection a tree might have: preservation orders and protection orders.
Protection under the law
In the context of statutory protection trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees with a significant public value and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are set up by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have exceptional value and are shielded from any work, including felling.
What can I do to determine whether a tree is safe?
To determine whether a tree is protected, you will need to verify if it’s under an TPO or preservation orders. This can be accomplished by contacting the municipal authority, and asking them to search their archives.
TPO search
If you want to find an TPO, you can contact an Tree and Woodland officer from your local authority. They will be able to tell you whether the tree is protected. They’ll also be able to guide you about the next steps to take if the tree is in a protected area.
Preservation order search
If you are looking for a preservation permit, you will need to contact Secretary of State, Department of the Environment. They will inform you whether the tree is protected and give you the necessary information and guidance.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you work on a protected tree without the appropriate permissions, you could face substantial fines and even imprisonment.
Can I contest an TPO or preservation order?
Yes, you are able to appeal to a TPO or preservation or TPO if you feel it’s not justifiable. You will have be able to present evidence to back your argument and demonstrate your argument as to why you believe that the TPO or the preservation decision isn’t necessary.
Can I cut down a tree that is protected tree?
It is illegal to remove trees that are protected without the necessary permissions. If you require removal of the tree it is necessary to request permission and submit the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether the tree is protected is a vital step to ensure that any tree work carried out legally. Understanding the different kinds of protection and the best way to determine if they are protected to ensure you’re following the law and protecting the trees that you are responsible for. If you are unsure about the protection status of the tree you are in charge of, we suggest seeking advice from a reputable tree specialist like Hawkesbury Tree Lopping. Our experienced arborists will be able to advise you about the protection status of your trees and walk you through the steps to ensure that you are acting within the law. With our experience and dedication to providing top-quality tree care, we can help you keep the beauty and worth for your tree. Contact us today by phone at 0480 024 203 to schedule a consultation and let us assist you to keep your trees safe and healthy.