How do I determine the extent of protection a tree has Prior to removing it
Trees play a crucial role in our environment by providing shade, fresh air, and aesthetic value to our surroundings. However they are not all identical and some are granted additional protection status, making it illegal to carry out any work without obtaining permission. If you’re thinking of having a tree removed, it’s essential to understand the protection status of the tree you’re considering and what steps you’ll need to take to ensure compliance with the legal requirements. This article we’ll walk you through the process of discovering whether trees are protected and what you will need be doing to make sure that you comply with the law.
What is a protected tree?
A protected tree is one that is subject to specific legal controls and it is unlawful to carry out work on such a tree without obtaining the necessary permissions. There are two kinds of protection that trees might have: preservation orders and protection orders.
Protection under the law
Under legal protection trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities 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 put in place through the secretary of state for the Environment. Trees with preservation orders are considered to have exceptional worth and are therefore protected from any kind of work, including the felling.
How can I tell if a tree is protected?
To determine if the tree is protected, you need to determine if the tree is in the process of being subject to the protection of a TPO or preservation order. It is done by contacting the local authority and asking them to check for records.
TPO search
To search for a TPO to locate one, contact your local Tree and Woodland officer from the local authority. They will be able to tell you whether the tree is in the protection. They will also be able to advise you on the next steps you should do if your tree is protected.
Preservation order search
If you are looking for a preservation order you’ll need to call the Secretary of State for the Environment. They will be able to determine whether the tree is in the protected zone and provide you with the required information and guidelines.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you carry out work on a tree that is protected without the proper authorizations, you could be subject to massive fines or even prison.
Can I appeal a TPO or preservation order?
You can appeal a TPO or preservation order if you believe it is unjustified. However, you will need to prove your argument and demonstrate that the TPO or the preservation decision is not necessary.
Can I remove a protected tree?
It is against the law to remove protected trees without the necessary permissions. If you require removal of the tree it is necessary to apply for permission and provide proof to back your claim.
Conclusion
To conclude, knowing if the tree is protected is an essential aspect in ensuring that tree work is legally completed. By understanding the different types of protection and how to determine if they are protected to ensure you’re following the law and safeguarding the trees you care for. If you’re unsure of the nature of the protection of the tree you are in charge of, we suggest consulting a reputable tree specialist like Blacktown Aborist. Our arborists are experienced and can advise you on the protection status of your trees and walk you through the necessary steps to make sure you’re complying with the legal guidelines. With our knowledge and dedication to providing high-quality tree services we will help you preserve the beauty and value that your trees have. Contact us today by phone at 0480 024 267 to schedule a consultation and let us help you keep your trees protected and healthy.
