What is the definition of a tree that should be protected and How to Find Out
Trees play an important part in the environment by providing shade, fresh air and aesthetic value to our surroundings. However they are not all equal and some carry extra protection status, which makes it illegal to carry out any work without obtaining permission. If you’re considering 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 comply with the laws. The following article we’ll guide you through the process of discovering whether trees are safe and exactly what steps you will need be doing to make sure you comply with the law.
What exactly is a tree that is protected?
A protected tree can be subject to specific legal restrictions and it is unlawful to do works on a tree without the required permissions. There are two kinds of protection a tree might have: preservation orders and protection orders.
Statutory protection
In the context of the law, trees are protected by laws and under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant value to the public and ensure they are not 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 be of exceptional value and are protected from any kind of work, including the felling.
How do I know whether a tree is safe?
To determine whether trees are protected, you will need to verify if it’s in the process of being subject to an TPO or preservation orders. It is done by contacting your municipal authority, and asking them to look up their records.
TPO search
To find an TPO to locate one, contact the Tree or Woodland Official at the local authority. They will inform you if the tree is protected. They’ll also be able to advise you about the next steps to take if the tree is protected.
Preservation order search
To search for a preservation permit, you’ll need to call secretary of state for Environment. They will be able to inform you whether the tree is in the protected zone and will provide the necessary information and guidance.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you carry out work on a tree that is protected without obtaining the necessary permits, you could be facing substantial fines and even imprisonment.
Can I appeal to a TPO or preservation order?
You can appeal an appeal of a TPO or preservation order if you feel it’s not justifiable. But, you’ll need to prove your case and show that it is not necessary to appeal the TPO or preservation order is not necessary.
Can I remove a protected tree?
It is illegal to remove a protected tree without obtaining the necessary permissions. If you require the tree to be removed then you must request permission and submit the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether the tree is protected is an essential step in ensuring that any tree work is carried out legally. By understanding the different types of protection and the best way to identify them, you can ensure that you’re in compliance with the law and safeguarding the trees that you are responsible for. If you are unsure about the status of protection for a tree, we recommend consulting an expert in tree care like Penrith Aborist. Our team of experienced arborists can advise you about the protection status of your trees, and will guide you through the necessary steps to ensure that you are following the legal guidelines. With our experience and dedication to provide high-quality tree services We can assist you to keep the beauty and worth that your trees have. Contact us today by calling 0480 024 267 to schedule a consultation, and let us assist you to keep your trees safe and healthy.