A Beginning's Guide to Understanding Protected Trees

Posted by Penrith Aborist on 30 Aug 2024

Trees play a crucial part in the environment, providing shade, clean air and aesthetic value to our surroundings. However they are not all equal and some carry an additional status of protection, making it illegal to do any activity without authorization. If you are considering having a tree removed it is crucial to be aware of the protection status of the tree you’re considering, and the steps you need to take to comply with the legal requirements. This article we will walk you through the steps to determine if a tree is safe and exactly what steps you have to do to ensure you are following the law.

What exactly is a tree that is protected?

A protected tree has been subjected to certain laws and regulations It is illegal to carry out works on a tree without obtaining the necessary permissions. There are two kinds of protection a tree could be protected by - preservation orders and protection orders.

In the context of the law trees are protected under law and are in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant value to the public and to ensure that 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. The trees that are protected by preservation orders are considered to be of exceptional value and are protected from any work, including cutting down.

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

To determine if trees are protected, you need to determine if the tree is in the process of being subject to the protection of a TPO or preservation orders. This can be accomplished by contacting your municipal authority, and asking them to look up their records.

To search for a TPO to locate one, contact your local Tree or Woodland Official of your local authority. They can inform you if the tree is protected. They will also be able to guide you on the next steps you should do if your tree is protected.

To search for a preservation order, you’ll need to call the Secretary of State for the Environment. They will inform you if the tree is protected and give you the necessary information and guidance.

FAQs:

What is the consequence if I do work on a tree that is protected without permission?

If you do work on a protected tree without the appropriate permits, you could be facing significant fines, and possibly even jail time.

Can I appeal an TPO and/or preservation order?

You can appeal a TPO or preservation order 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 the preservation decision is not necessary.

Can I cut down a tree that is protected tree?

It is illegal to remove trees that are protected without the required permissions. If you want removal of the tree then you must seek permission from the council and provide proof to back your claim.

Conclusion

To conclude, knowing if a tree is protected is a vital step in ensuring that any tree work carried out legally. If you know the various types of protection and how to identify them it is possible to be sure that you’re in compliance with the law and are protecting the trees you care for. If you’re unsure of the nature of the protection of a tree, we recommend seeking advice from an experienced tree expert like Penrith Aborist. Our team of experienced arborists will be able to inform you about the protection status of your trees and guide you through the necessary steps to ensure that you are complying with the laws. With our knowledge and dedication to providing high-quality tree services we will help you maintain the beauty and value for your tree. Contact us today by phone at 0480 024 267 to schedule a consultation, and let us assist you to keep your trees protected and healthy.

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