What is the definition of a tree that should be protected and How to Find Out

Trees play an important contribution to our ecosystem by providing shade, fresh air and aesthetic value our surroundings. However, not all trees are alike and some have extra protection status, which makes it illegal to carry out any activity without authorization. If you are 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 take to ensure compliance with the legal requirements. In this article, we will walk you through the process of discovering whether the tree is secured and the steps you have be doing to make sure you are acting within the law.

What exactly is a tree that is protected?

A protected tree can be subject to specific legal controls and it is unlawful to do works on a tree without having the appropriate permissions. There are two kinds of protection a tree might have: preservation and protection orders that are statutory.

Protection under the law

In the context of legal protection, trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant public value and to ensure that they do not get damaged or destroyed.

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 all work, which includes cutting down.

How can I tell whether a tree is safe?

To determine if trees are protected, you will need to check if it is under an TPO or preservation orders. This can be done by contacting the local authority and asking them to look up their archives.

TPO search

If you want to find the TPO You can reach an Tree and Woodland Officer from your local authority. They will inform you whether the tree is in the protection. They will also be able advise you on the next steps to take if the tree is protected.

Preservation order search

If you are looking for a preservation order, you’ll need to call secretary of state for Environment. They can determine whether the tree is in the protected zone 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 do work on a tree that is protected without obtaining the necessary permits, you could be facing massive fines or even prison.

Can I contest to a TPO or preservation order?

Yes, you are able to appeal to a TPO or preservation order if it is unjustified. You will have be able to present evidence to back your argument and demonstrate that it is not necessary to appeal the TPO or the preservation decision isn’t necessary.

Can I cut down a tree that is protected tree?

It is against the law to remove a protected tree without obtaining the required permissions. If you need removal of the tree it is necessary to seek permission from the council and provide the evidence needed to prove your case.

Conclusion

In the end, determining if the tree is protected is an essential step in ensuring that any tree work is carried out legally. By understanding the different types of protection and how to identify them it is possible to be sure that you’re in compliance with the law and protecting the trees in your care. If you’re not sure about the nature of the protection of trees, we suggest seeking advice from an expert in tree care, such as Blacktown Aborist. Our arborists are experienced and can advise you on the protection status of your trees and walk you through the steps to ensure that you are complying with the law. With our expertise and commitment to providing high-quality tree services, we can help you maintain the beauty and value of your trees. Contact us today by phone at 0480 024 267 to schedule a appointment, and let us assist you to ensure that your trees are protected and healthy.