How do I determine the extent of protection a tree has before removing it
Trees play an important part in the environment as they provide shade, clean air and aesthetic value to our surroundings. However, not all trees are alike and some have extra protection status, which makes it illegal to do any work without obtaining permission. If you’re considering having a tree removed it is essential to know the protection status of the tree being considered, and the steps you need to take to ensure compliance with the laws. In this article, we will help you understand the steps to determine if the tree is safe and exactly what steps you will need to do to ensure you comply with the law.
What is a protected tree?
A protected tree has been subjected to certain legal controls, and it’s illegal to{ carry out|| do} work on such a tree without the required permissions. There are two kinds of protection a tree could be protected by - preservation and protection orders that are statutory.
Statutory protection
Under legal protection trees are protected by law and are under the control of 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 like TPOs in that they are issued through the secretary of state for the Environment. Preservation orders for trees are considered to be of exceptional value and are shielded from any work, including felling.
How do I know if a tree is protected?
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 or protection order. This can be accomplished by contacting your municipal authority, and asking them to look up their records.
TPO search
To find the TPO You can reach your local Tree or Woodland Official from the local authority. They will inform you whether the tree is in the protection. They will also be able to advise you about the next steps to follow if the tree is in a protected area.
Preservation order search
If you are looking for a preservation order you must contact secretary of state for Environment. They will be able to tell 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 protected tree without permission?
If you{ carry out|| do} work on a tree that is protected without obtaining the necessary permits, you could be facing significant fines, and possibly even jail time.
Can I contest to a TPO and/or preservation order?
Yes, you can appeal a TPO or preservation or TPO if it’s not justifiable. You will have be able to present evidence to back your claim and explain your argument as to why it is not necessary to appeal the TPO or the preservation decision is not necessary.
Can I remove a protected tree?
It is unlawful to take down trees that are protected without the required permissions. If you want the tree to be removed it is necessary to request permission and submit evidence to support your case.
Conclusion
To conclude, knowing if a tree is protected is a vital aspect in ensuring that tree work is carried out legally. Understanding the different kinds of protection and the best way to identify them to ensure you are acting within the law and protecting the trees that you are responsible for. If you are unsure about the nature of the protection of a tree, we recommend seeking advice from an experienced tree expert like Penrith Aborist. Our experienced arborists will be able to advise you regarding the status of protection of your trees, and will guide you through the{ necessary|| required} steps to ensure you are acting within the law. With our expertise and commitment to providing top-quality tree care we will help you preserve the beauty and worth that your trees have. Contact us now by calling 0480 024 267 to schedule a appointment, and let us help you ensure that your trees are protected and healthy.