Avoiding Tree Removal Errors How to Determine If a Tree is Safe
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Trees play an essential role in our environment as they provide shade, clean air and aesthetic value our surroundings. However, not all trees are equal and some carry an additional status of protection, making it illegal to perform any work without permission. If you’re considering having a tree removed, it’s essential to understand the status of protection for the tree being considered and the steps you have to follow to be in compliance with the legal requirements. The following article we’ll walk you through the process of discovering whether the tree is secured and the steps you need take to be sure that you comply with the law.
What is a protected tree?
A protected tree can be subject to specific laws and regulations, and it’s illegal to do work on a protected tree without having the appropriate permissions. There are two kinds of protection that trees may have - preservation and protection orders that are statutory.
Legal protection
As a matter of the law trees are protected under the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities in order to protect trees with a significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs , but are put in place from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to be of exceptional worth and are therefore protected from any work, including cutting down.
How do I know when a tree is in danger?
To determine if trees are protected, you will need to verify if it’s in the process of being subject to an TPO or preservation order. This can be accomplished by contacting the local authority and asking them to search their records.
TPO search
To find a TPO, you can contact your local Tree and Woodland Officer from your local authority, who will be able to tell you if the tree is protected. They’ll also be able to advise you on the next steps to take if the tree is protected.
Preservation order search
In order to search for a preservation permit, you’ll need to call the Secretary of State for the Environment. They will be able to inform you whether the tree is protected and will provide the required information and guidelines.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you carry out work on a protected tree without the appropriate permissions, you could face substantial fines and even imprisonment.
Can I contest an TPO Or preservation or TPO?
Yes, you can appeal an appeal of a TPO or preservation decision if that it is not justified. However, you will need to provide evidence to support your case and show that the TPO or order to preserve isn’t needed.
Can I remove a protected tree?
It is against the law to remove protected trees without the necessary permissions. If you need removal of the tree then you must seek permission from the council and provide proof to back your claim.
Conclusion
To conclude, knowing if the tree is protected is a vital aspect in ensuring that tree work is carried out legally. 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 in your care. If you are unsure about the status of protection for a tree, we recommend seeking professional advice from an expert in tree care such as Penrith Aborist. Our arborists are experienced and can advise you on the protection status of your trees and walk you through the steps to ensure you are acting within the legal guidelines. 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 024 267 to schedule a consultation, and let us assist you to keep your trees protected and healthy.