What makes a tree protected and How Do I Find Out
Trees play an essential contribution to our ecosystem as they provide shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t alike and some have extra protection status, which makes it illegal to perform any work without obtaining permission. If you are considering having a tree removed it is crucial to be aware of the status of protection for the tree being considered and the steps you need to take to ensure compliance with the laws. The following article we’ll help you understand the process of discovering whether the tree is protected and what you have to do to ensure that you are following the law.
What is a protected tree?
A protected tree has been subjected to certain laws and regulations, and it’s illegal to carry out works on a tree without obtaining the necessary permissions. There are two kinds of protection a tree could be protected by - statutory protection and preservation orders.
Statutory protection
Under statutory protection trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant value to the public and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are put in place from the Secretary of State responsible for Environment. Preservation orders for trees are considered to have exceptional worth and are therefore protected from all work, which includes felling.
What can I do to determine when a tree is in danger?
To determine if a tree is protected, you will need to determine if the tree is under a TPO or preservation orders. This can be done by contacting your local authority and asking them to search their records.
TPO search
To find a TPO to locate one, contact an Tree and Woodland officer of the local authority. They can inform you whether the tree is protected. They’ll also be able to advise you on the next steps to follow if the tree is in a protected area.
Preservation order search
To search for a preservation order, you must contact Secretary of State, Department of the Environment. They can determine whether the tree is protected and give you the required information and guidelines.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you do work on a protected tree without obtaining the necessary permits, you could be facing massive fines or even prison.
Can I appeal a TPO and/or preservation order?
Yes, you are able to appeal a TPO or preservation decision if you believe it’s not justifiable. However, you will need be able to present evidence to back your argument and demonstrate that it is not necessary to appeal the TPO or preservation order is not necessary.
Can I remove a protected tree?
It is against the law to remove a protected tree without obtaining permission from the appropriate authorities. If you require the tree to be removed then you must request permission and submit evidence to support your case.
Conclusion
To conclude, knowing if the tree is protected is an essential step to ensure that tree work is carried out legally. Understanding the different kinds of protection and how to determine if they are protected, you can ensure that you’re following the law and are protecting the trees in your care. If you’re not sure about the nature of the protection of the tree you are in charge of, we suggest seeking professional advice from an experienced tree expert such as Hawkesbury Tree Pruning. Our arborists are experienced and will be able to inform you about the protection status of your trees, and will guide you through the required steps to make sure you’re complying with the legal guidelines. With our knowledge and dedication to providing high-quality tree services We can assist you to preserve the beauty and worth for your tree. Call us now by phone at 0480 024 203 to schedule a consultation, and let us assist you to keep your trees protected and healthy.