The importance of Proper Tree Identification: How to Know whether a Tree is protected
Trees play an important contribution to our ecosystem, providing shade, clean air and aesthetic value to our surroundings. However they are not all equal and some carry extra protection status, which makes it illegal to carry out any activity without authorization. If you’re considering having a tree removed it is crucial to be aware of the protection status of the tree you’re considering and the steps you have to follow to be in compliance with the legal requirements. In this article, we’ll walk you through the process of determining whether the tree is protected and what you will need be doing to make sure that you comply with the law.
What exactly is a tree that is protected?
A protected tree is one that is subject to specific legal restrictions, and it’s illegal to works on a tree without the required permissions. There are two kinds of protection that a tree could be protected by - statutory protection and preservation orders.
Statutory protection
As a matter of the law, 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 protect trees with a significant public value and ensure they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are issued through the secretary of state for the Environment. Preservation orders for trees are considered to have exceptional value and are shielded from any kind of work, including felling.
How do I know whether a tree is safe?
To determine whether the tree is protected, you will need to check if it is in the process of being subject to the protection of a TPO or preservation order. It is done by contacting your municipal authority, and asking them to check for records.
TPO search
To search for the TPO You can reach your local Tree and Woodland officer of the local authority. They will inform you if the tree is protected. They’ll also be able to guide you on the next steps to take if the tree is in a protected area.
Preservation order search
If you are looking for a preservation permit, you will need to contact the Secretary of State for the Environment. They will be able to tell you whether the tree is protected and provide you with the necessary information and guidance.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you work on a tree that is protected without obtaining the necessary permissions, you could face massive fines or even prison.
Can I appeal an TPO and/or preservation order?
Yes, you can appeal a TPO or preservation decision if you believe that it is not justified. You will have to provide evidence to support your claim and explain your argument as to why you believe that the TPO or order to preserve isn’t needed.
Can I remove a protected tree?
It is against the law to remove a protected tree without obtaining the required permissions. If you want removal of the tree then you must apply for permission and provide proof to back your claim.
Conclusion
To conclude, knowing if a tree is protected is a vital aspect in ensuring that any tree work is carried out legally. If you know the various types of protection and the best way to identify them it is possible to be sure that you’re in compliance with the law and safeguarding the trees you care for. If you’re not sure about the status of protection for the tree you are in charge of, we suggest seeking professional advice from an expert in tree care such as Hawkesbury Tree Trimming. Our experienced arborists will be able to advise you about the protection status of your trees and walk you through the necessary steps to make sure you’re following the laws. With our expertise and commitment to provide high-quality tree services, we can help you maintain the beauty and value for your tree. Contact us today by phone at 0480 024 203 to schedule a consultation and let us assist you to keep your trees safe and healthy.