What makes a tree protected and How Do I Find Out
Trees play an essential role in our environment, providing shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t identical and some are granted additional protection status, making it illegal to perform any work without permission. If you are considering having a tree removed it is essential to know the protection status of the tree in question, and the steps you have to take to comply with the law. In this article, we’ll guide you through the process of determining whether trees are safe and exactly what steps you need be doing to make sure that you are following the law.
What is a protected tree?
A protected tree can be subject to specific legal controls It is illegal to do works on a tree without the required permissions. There are two kinds of protection a tree may have - preservation orders and protection orders.
Protection under the law
Under legal protection trees are protected under the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees with a significant public value and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are put in place through the secretary of state for the Environment. Preservation orders for trees are considered to have exceptional worth and are therefore protected from any kind of work, including felling.
How can I tell if a tree is protected?
To determine whether a tree is protected, you will need to determine if the tree is subject to a TPO or preservation orders. This can be done by contacting your municipal authority, and asking them to search for records.
TPO search
If you want to find the TPO, you can contact your local Tree and Woodland Officer at your local authority. They will inform you whether the tree is in the protection. They will also be able to guide you on the next steps to do if your tree is in a protected area.
Preservation order search
To search for a preservation order you will need to contact the Secretary of State for the Environment. They will determine whether the tree is in the protected zone and give you the necessary information and guidance.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you work on a protected tree without obtaining the necessary permissions, you could face significant fines, and possibly even jail time.
Can I contest a TPO and/or preservation order?
Yes, you are able to appeal a TPO or preservation decision if it is unjustified. However, you will need be able to present evidence to back your argument and demonstrate why it is not necessary to appeal the TPO or order to preserve isn’t necessary.
Can I cut down a tree that is protected tree?
It is illegal to remove protected trees without the required permissions. If you want the tree to be removed it is necessary to request permission and submit evidence to support your case.
Conclusion
In conclusion, discovering whether trees are protected is a vital aspect in ensuring that any tree work is legally completed. If you know the various types of protection and how to check for them it is possible to be sure that you are acting within the law and are protecting the trees that you are responsible for. If you are unsure about the protection status of the tree you are in charge of, we suggest seeking professional advice from an expert in tree care, such as Hawkesbury Tree Cutting. Our experienced arborists can advise you regarding the status of protection of your trees and guide you through the necessary steps to ensure you are following the law. With our knowledge and dedication to providing top-quality tree care, we can help you preserve the beauty and worth that your trees have. Contact us now at 0480 024 203 to schedule a consultation, and let us assist you to ensure that your trees are protected and healthy.