The Repercussions of removing the Tree that is Protected and How to Avoid Them
Trees play an essential part in the environment by providing shade, fresh air and aesthetic value our surroundings. However they are not all equal and some carry additional protection status, making it illegal to carry out any work without permission. If you’re considering having a tree removed it is essential to know the status of protection for the tree you’re considering and what steps you’ll need to take to comply with the legal requirements. This article we will walk you through the process of determining whether a tree is protected and what you will need be doing to make sure you are acting within the law.
What is a protected tree?
A protected tree is one that has been subjected to certain legal controls and it is unlawful to carry out work on a protected tree without obtaining the necessary permissions. There are two kinds of protection that a tree might have: preservation orders and protection orders.
Legal protection
Under the law trees are protected by laws and 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 are not damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are set up by the Secretary of State for the Environment. Trees with preservation orders are considered to be of exceptional worth and are therefore protected from any kind of work, including felling.
How do I know when a tree is in danger?
To determine whether the tree is protected, you need to determine if the tree is subject to a TPO or preservation orders. This can be accomplished by contacting your authorities in your area and asking them check for records.
TPO search
To find an TPO You can reach an Tree or Woodland Official at the local authority. They will be able to tell you if the tree is protected. They’ll also be able advise you about the next steps to follow if the tree is in a protected area.
Preservation order search
In order to search for a preservation order you’ll need to call Secretary of State, Department of the Environment. They will tell you whether the tree is in the protected zone and will provide the required information and guidelines.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you carry out work on a protected tree without obtaining the necessary permissions, you could face significant fines, and possibly even jail time.
Can I appeal an TPO and/or preservation order?
Yes, you are able to appeal to a TPO or preservation order if you feel it’s not justifiable. But, you’ll need be able to present evidence to back your argument and demonstrate that you believe that the TPO or preservation order is not necessary.
Can I cut down a tree that is protected tree?
It is illegal to remove protected trees without the necessary permissions. If you require removal of the tree then you must request permission and submit evidence to support your case.
Conclusion
In the end, determining if a tree is protected is an essential step in ensuring that any tree work legally completed. By understanding the different types of protection and the best way to determine if they are protected, you can ensure that you’re following the law and are protecting the trees that you are responsible for. If you’re unsure of the status of protection for a tree, we recommend seeking professional advice from an experienced tree expert like Blacktown Aborist. Our experienced arborists will be able to advise you regarding the status of protection of your trees and guide you through the steps to ensure that you are following the laws. With our expertise and commitment to provide high-quality tree services we will help you keep the beauty and value that your trees have. Call us now by phone at 0480 024 267 to schedule a consultation and let us assist you to keep your trees protected and healthy.