What makes a tree protected and how to find out
Trees play an essential contribution to our ecosystem, providing shade, clean air, and aesthetic value to our surroundings. However they are not all equal and some carry an additional status of protection, making it illegal to perform any work without permission. If you’re considering having a tree removed it is crucial to be aware of the protection status of the tree being considered, and what steps you’ll need to take to comply with the laws. In this article, we will walk you through the steps to determine if a tree is secured and the steps you need be doing to make sure you are following the law.
What exactly is a tree that is protected?
A protected tree is one that has been subjected to certain laws and regulations, and it’s illegal to works on a tree without the required permissions. There are two kinds of protection that trees could be protected by - preservation orders and protection orders.
Legal protection
In the context of statutory protection trees are protected under the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees of significant value to the public and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are issued from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have an exceptional worth and are therefore protected from all work, which includes cutting down.
What can I do to determine if a tree is protected?
To determine if the tree is protected, you must to verify if it’s under the protection of a TPO or preservation orders. This can be done by contacting your local authority and asking them to check for records.
TPO search
To find an TPO, you can contact your local Tree or Woodland Official from your local authority. They will inform you whether the tree is protected. They’ll also be able advise you on the next steps you should take if the tree is in a protected area.
Preservation order search
In order to search for a preservation permit, you’ll need to call Secretary of State, Department of the Environment. They will determine whether the tree is protected and provide you with the information you require and direction.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you carry out work on a protected tree without obtaining the necessary authorizations, you could be subject to substantial fines and even imprisonment.
Can I appeal an TPO Or preservation or TPO?
Yes, you are able to appeal an appeal of a TPO or preservation order if you feel it is unjustified. However, you will need to prove your claim and explain why you believe that the TPO or order to preserve isn’t needed.
Can I remove a protected tree?
It is illegal to remove trees that are protected without the required permissions. If you want removal of the tree it is necessary to apply for permission and provide proof to back your claim.
Conclusion
In the end, determining if trees are protected is a crucial aspect in ensuring that any tree work carried out legally. Understanding the different kinds of protection and the best way to check for them, you can ensure that you’re in compliance with the law and protecting the trees you care for. If you’re unsure of the nature of the protection of the tree you are in charge of, we suggest consulting an experienced tree expert like Hawkesbury Tree Lopping. Our experienced arborists will be able to inform you on the protection status of your trees, and will guide you through the required steps to make sure you’re acting within the legal guidelines. With our experience and dedication to providing top-quality tree care we will help you maintain the beauty and value of your trees. Contact us now by phone at 0480 024 203 to schedule a consultation and let us assist you to keep your trees safe and healthy.