What Makes a Tree Protected and how to find out

Posted by Hawkesbury Tree Pruning on 31 May 2024

Trees play an essential 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 extra protection status, which makes it illegal to perform any work without obtaining permission. If you’re thinking of having a tree removed it is crucial to be aware of the protection status of the tree being considered and the steps you need to take to ensure compliance with the laws. This article we’ll guide you through the steps to determine if a tree is secured and the steps you will need be doing to make sure that you are acting within the law.

What exactly is a tree that is protected?

A protected tree is one that can be subject to specific legal controls It is illegal to carry out works on a tree without having the appropriate permissions. There are two types of protection that trees might have: preservation and protection orders that are statutory.

Under statutory protection, trees are protected by the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees of significant public value and ensure they are not damaged or destroyed.

Preservation orders

Preservation orders are like TPOs in that they are put in place by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have exceptional worth and are therefore protected from all work, which includes the felling.

How can I tell whether a tree is safe?

To determine whether trees are protected, you must to verify if it’s subject to a TPO or preservation order. It is done by contacting the municipal authority, and asking them to search their records.

To search for the TPO, you can contact the Tree or Woodland Official at your local authority, who can inform you whether the tree is in the protection. They’ll also be able advise you about the next steps to follow if the tree is in a protected area.

If you are looking for a preservation order you will need to contact Secretary of State, Department of the Environment. They will be able to determine whether the tree is in the protected zone and give you the information you require and direction.

FAQs:

What happens if I conduct work on a tree that is protected without permission?

If you do work on a tree that is protected without the proper permissions, you could face substantial fines and even imprisonment.

Can I contest to a TPO and/or preservation order?

You can appeal an appeal of a TPO or preservation decision if you feel it’s not justifiable. But, you’ll need to prove your argument and demonstrate why you believe that the TPO or order to preserve is not necessary.

Can I take down a protected tree?

It is unlawful to take down protected trees without the required permissions. If you require the tree to be removed, you will need to apply for permission and provide proof to back your claim.

Conclusion

In the end, determining if trees are protected is a crucial step in ensuring that tree work is carried out legally. If you know the various types of protection, and knowing how to identify them it is possible to be sure that you’re following the law and safeguarding the trees you care for. If you’re unsure of the protection status of trees, we suggest seeking advice from a reputable tree specialist such as Hawkesbury Tree Pruning. Our team of experienced arborists will be able to inform you about the protection status of your trees and guide you through the necessary steps to ensure that you are following the law. With our knowledge and dedication to providing high-quality tree services We can assist you to preserve the beauty and worth of your trees. Call us now by phone at 0480 024 203 to schedule a consultation and let us guide you on how to ensure that your trees are protected and healthy.

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