A Beginning's Guide to Understanding Protected Trees
Trees play an important part in the environment by providing shade, fresh air and aesthetic value to our surroundings. However, not all trees are alike and some have extra protection status, which makes it illegal to do 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 have to take to ensure compliance with the laws. This article we will help you understand the steps to determine if the tree is safe and exactly what steps you need to do to ensure that you are acting within the law.
What exactly is a tree that is protected?
A protected tree is one that is subject to specific legal controls It is illegal to work on a protected tree without having the appropriate permissions. There are two types of protection that a tree could be protected by - preservation and protection orders that are statutory.
Statutory protection
As a matter of legal protection trees are protected under the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees with a significant public value and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs , but are set up from the Secretary of State responsible for Environment. Preservation orders for trees are considered to be of exceptional worth and are therefore protected from all work, which includes felling.
What can I do to determine whether a tree is safe?
To determine whether trees are protected, you will need to determine if the tree is subject to the protection of a TPO or preservation orders. It is done by contacting the local authority and asking them to look up for records.
TPO search
To find an TPO, you can contact the Tree and Woodland Officer of your local authority. They can inform you if the tree is protected. They will also be able advise you about the next steps to follow if the tree is protected.
Preservation order search
In order to search for a preservation permit, you will need to contact secretary of state for Environment. They will be able to tell you whether the tree is protected and will provide the necessary information and guidance.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you carry out work on a protected tree without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.
Can I contest to a TPO Or preservation or TPO?
You can appeal an appeal of a TPO or preservation decision if you feel it’s not justifiable. You will have to provide evidence to support your argument and demonstrate that the TPO or preservation order is not necessary.
Can I remove a protected tree?
It is unlawful to take down trees that are protected without the required permissions. If you want the tree to be removed then you must apply for permission and provide evidence to support your case.
Conclusion
In the end, determining if the tree is protected is a crucial step in ensuring that tree work is carried out legally. Understanding the different kinds of protection and how to determine if they are protected it is possible to be sure that you’re following the law and are protecting the trees you care for. If you are unsure about the status of protection for the tree you are in charge of, we suggest consulting an experienced tree expert like Hawkesbury Tree Trimming. Our arborists are experienced and can advise you about the protection status of your trees, and will guide you through the steps to make sure you’re following the law. With our experience and dedication to providing high-quality tree services We can assist you to preserve the beauty and value of your trees. Contact us today by phone at 0480 024 203 to schedule a consultation and let us help you ensure that your trees are protected and healthy.