The Consequences of Destroying a Protected Tree and How to Avoid them

Trees play an essential role in our environment as they provide shade, clean air and aesthetic value to our surroundings. However they are not all identical and some are granted an additional status of protection, making it illegal to do any activity without authorization. If you’re considering having a tree removed, it’s essential to understand the protection status of the tree being considered and what steps you’ll need to take to ensure compliance with the legal requirements. This article we will walk you through the steps to determine if a tree is protected and what you will need take to be sure that you comply with the law.
What exactly is a tree that is protected?
A protected tree is one that has been subjected to certain legal controls, and it’s illegal to do works on a tree without the required permissions. There are two kinds of protection that trees may have - statutory protection and preservation orders.
Legal protection
Under the law trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees with a significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are issued from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional value and are shielded from any work, including cutting down.
How can I tell whether a tree is safe?
To determine if a tree is protected, you need to check if it is subject to a TPO or preservation orders. It is done by contacting the local authority and asking them to search for records.
TPO search
If you want to find a TPO to locate one, contact the Tree and Woodland officer from your local authority. They can inform you if the tree is protected. They’ll also be able advise you on the next steps you should follow if the tree is protected.
Preservation order search
If you are looking for a preservation permit, you must contact Secretary of State, Department of the Environment. They will determine if the tree is protected and provide you with the necessary information and guidance.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you do work on a protected tree without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.
Can I contest an TPO and/or preservation order?
Yes, you are able to appeal to a TPO or preservation decision if you believe it is unjustified. But, you’ll need be able to present evidence to back your argument and demonstrate that you believe that the TPO or the preservation decision isn’t needed.
Can I cut down a tree that is protected tree?
It is against the law to remove a protected tree without obtaining the necessary permissions. If you want the tree to be removed it is necessary to request permission and submit proof to back your claim.
Conclusion
To conclude, knowing if trees are protected is an essential step to ensure that any tree work legally completed. By understanding the different types of protection and how to identify them, you can ensure that you are acting within the law and are protecting the trees you care for. If you’re not sure about the nature of the protection of trees, we suggest seeking professional advice from an experienced tree expert, such as Blacktown Aborist. Our arborists are experienced and can advise you about the protection status of your trees and guide you through the required steps to make sure you’re following the law. With our knowledge and dedication to provide high-quality tree services we will help you keep the beauty and worth that your trees have. Call us now by phone at 0480 024 267 to schedule a consultation and let us guide you on how to keep your trees protected and healthy.