What Makes a Tree Protected and How Do I Find Out
Trees play an essential role in our environment, providing shade, clean air, and aesthetic value to our surroundings. However, not all trees are identical and some are granted an additional status of protection, making it illegal to perform any work without permission. If you are considering having a tree removed it is crucial to be aware of the status of protection for the tree in question, and the steps you need to take to ensure compliance with the legal requirements. This article we’ll walk you through the steps to determine if a tree is safe and exactly what steps you need take to be sure that you are following the law.
What exactly is a tree that is protected?
A protected tree has been subjected to certain laws and regulations and it is unlawful to carry out work on such a tree without obtaining the necessary permissions. There are two types of protection that trees might have: statutory protection and preservation orders.
Statutory protection
As a matter of legal protection trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees of significant value to the public and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are put in place 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 any work, including the felling.
How do I know whether a tree is safe?
To determine if a tree is protected, you will need to determine if the tree is subject to an TPO or preservation or protection order. It is done by contacting the authorities in your area and asking them look up their records.
TPO search
To search for the TPO You can reach an Tree or Woodland Official at the local authority. They will inform you whether the tree is in the protection. They’ll also be able to guide you on the next steps to follow if the tree is protected.
Preservation order search
To search for a preservation permit, you will need to contact Secretary of State, Department of the Environment. They will tell you whether the tree is in the protected zone and will provide the necessary information and guidance.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you work on a tree that is protected without the appropriate permits, you could be facing massive fines or even prison.
Can I appeal an TPO or preservation order?
Yes, you are able to appeal a TPO or preservation or TPO if that it is not justified. However, you will need to provide evidence to support your argument and demonstrate your argument as to why the TPO or preservation order isn’t needed.
Can I take down a protected tree?
It is against the law to remove trees that are protected without the necessary permissions. If you need the tree to be removed then you must seek permission from the council and provide proof to back your claim.
Conclusion
In the end, determining if trees are protected is a vital step to ensure that any tree work carried out legally. If you know the various types of protection and the best way to determine if they are protected to ensure you’re in compliance with the law and protecting the trees you care for. If you’re unsure of the protection status of the tree you are in charge of, we suggest seeking advice from an experienced tree expert like Hawkesbury Tree Trimming. Our arborists are experienced and can advise you regarding the status of protection of your trees and walk you through the steps to ensure you are acting within the law. With our experience and dedication to providing top-quality tree care we will help you keep the beauty and worth of your trees. Contact us today by calling 0480 024 203 to schedule a consultation and let us assist you to keep your trees safe and healthy.