Avoiding Tree Removal Mistakes: How to Know whether a Tree is protected

Trees play an important role in our environment as they provide shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry extra protection status, which makes it illegal to do any work without permission. If you are considering having a tree removed it is crucial to be aware of the protection status of the tree in question, and the steps you have to follow to be in compliance with the laws. This article we will guide you through the steps to determine if the tree is safe and exactly what steps you need take to be sure that you are following the law.
What is a protected tree?
A protected tree can be subject to specific legal controls and it is unlawful to carry out work on such a tree without having the appropriate permissions. There are two kinds of protection that trees may have - preservation and protection orders that are statutory.
Statutory protection
In the context of the law trees are protected under the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant public value and ensure they are not damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are set up through the secretary of state for the Environment. Preservation orders for trees are considered to have an exceptional value and are shielded from all work, which includes the felling.
What can I do to determine if a tree is protected?
To determine whether a tree is protected, you will need to verify if it’s in the process of being subject to the protection of a TPO or preservation or protection order. It is done by contacting the local authority and asking them to look up their records.
TPO search
To search for the TPO You can reach an Tree and Woodland Officer at your local authority. They will inform you if the tree is protected. They’ll also be able to advise you on the next steps to take if the tree is in a protected area.
Preservation order search
If you are looking for a preservation order, you must contact the Secretary of State for the Environment. They will be able to inform you whether the tree is in the protected zone and give you the required information and guidelines.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you carry out work on a tree that is protected without the appropriate permits, you could be facing substantial fines and even imprisonment.
Can I appeal a TPO and/or preservation order?
Yes, you can appeal to a TPO or preservation order if you believe that it is not justified. However, you will need to provide evidence to support your argument and demonstrate your argument as to why you believe that the TPO or preservation order isn’t necessary.
Can I remove a protected tree?
It is against the law to remove a protected tree without obtaining the required permissions. If you require the tree to be removed it is necessary to request permission and submit proof to back your claim.
Conclusion
In the end, determining if trees are protected is a vital step to ensure that any tree work legally completed. If you know the various types of protection, and knowing how to identify them it is possible to be sure that you’re in compliance with 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 consulting an experienced tree expert, such as Penrith Aborist. Our experienced arborists will be able to inform you regarding the status of protection of your trees and guide you through the steps to ensure that you are acting within the legal guidelines. With our experience and dedication to providing high-quality tree services, we can help you preserve the beauty and value for your tree. Contact us now by calling 0480 024 267 to schedule a consultation and let us help you keep your trees protected and healthy.