The Consequences of Removing the Tree that is Protected and How to Avoid Them

Name: Aborist Penrith NSW
Brand: Penrith Aborist
Rating: 4.9 (38 reviews)

Posted by Penrith Aborist on 30 Aug 2024

Trees play an important role in our environment, providing shade, clean air and aesthetic value our surroundings. However they are not all alike and some have additional protection status, making it illegal to perform any activity without authorization. If you’re thinking of having a tree removed it is essential to know the status of protection for the tree in question, and the steps you have to take to comply with the law. In this article, we’ll help you understand the process of determining whether a tree is protected and what you will need be doing to make sure that you are following the law.

What is a protected tree?

A protected tree has been subjected to certain laws and regulations and it is unlawful to carry out work on such a tree without the required permissions. There are two types of protection that trees may have - preservation orders and protection orders.

Protection under the law

In the context of the law trees are protected under laws and under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees of significant public value and ensure they are not destroyed or damaged.

Preservation orders

Preservation orders are similar to TPOs , but are set up from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have an exceptional worth and are therefore protected from all work, which includes felling.

What can I do to determine if a tree is protected?

To determine whether a tree is protected, you will need to determine if the tree is subject to the protection of a TPO or preservation order. It is done by contacting the local authority and asking them to search their records.

TPO search

To search for the TPO, you can contact the Tree and Woodland Officer of your local authority, who will inform you whether the tree is protected. They will also be able to advise you on the next steps to do if your tree is in a protected area.

Preservation order search

If you are looking for a preservation permit, you must contact the Secretary of State for the Environment. They can determine if the tree is protected and will provide the necessary information and guidance.

FAQs:

What happens if I carry out work on a tree that is protected without permission?

If you work on a protected tree without the proper permits, you could be facing massive fines or even prison.

Can I contest an TPO Or preservation or TPO?

Yes, you are able to appeal to a TPO or preservation order if that it is not justified. You will have to provide evidence to support your claim and explain your argument as to why you believe that the TPO or the preservation decision isn’t needed.

Can I remove a protected tree?

It is illegal to remove protected trees without the required permissions. If you require removal of the tree, you will need to seek permission from the council and provide the evidence needed to prove your case.

Conclusion

To conclude, knowing if a tree is protected is a vital step in ensuring that tree work is legally completed. By understanding the different types of protection, and knowing how to check for them, you can ensure that you’re following the law and safeguarding the trees in your care. If you are unsure about the protection status of a tree, we recommend consulting a reputable tree specialist, such as Penrith Aborist. Our arborists are experienced and will be able to inform you about the protection status of your trees and guide you through the necessary steps to make sure you’re acting within the law. With our knowledge and dedication to provide high-quality tree services we will help you keep the beauty and value that your trees have. Contact us today by calling 0480 024 267 to schedule a consultation and let us guide you on how to ensure that your trees are protected and healthy.

Tags: Compliance, Protected Trees, Tree Health Categories: Arborist, Environment, Tree Care, Tree Removal

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