Avoiding Tree Removal Mistakes: How to Know if a Tree is Protected
Trees play an essential role in our environment, providing shade, clean air and aesthetic value our surroundings. However, not all trees are identical and some are granted extra protection status, which makes it illegal to carry out any activity without authorization. If you are considering having a tree removed, it’s essential to understand the status of protection for the tree you’re considering and what steps you’ll need to follow to be in compliance with the legal requirements. This article we will help you understand the process of determining whether a tree is safe and exactly what steps you will need take to be sure you comply with the law.
What is a protected tree?
A protected tree is one that has been subjected to certain laws and regulations and it is unlawful to carry out works on a tree without having the appropriate permissions. There are two kinds of protection that a tree may have - statutory protection and preservation orders.
Protection under the law
In the context of the law, trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees of significant public value and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are issued by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have exceptional value and are protected from any kind of work, including felling.
How do I know if a tree is protected?
To determine if trees are protected, you will need to determine if the tree is in the process of being subject to the protection of a TPO or preservation orders. It is done by contacting your local authority and asking them to search their records.
TPO search
To find the TPO to locate one, contact the Tree and Woodland officer at your local authority, who will be able to tell you whether the tree is protected. They will also be able to guide you on 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’ll need to call secretary of state for Environment. They will inform you whether the tree is in the protected zone and give you 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 tree that is protected without obtaining the necessary authorizations, you could be subject to significant fines, and possibly even jail time.
Can I contest a TPO and/or preservation order?
Yes, you can appeal to a TPO or preservation order if you believe that it is not justified. But, you’ll need be able to present evidence to back your argument and demonstrate your argument as to why it is not necessary to appeal the TPO or the preservation decision isn’t needed.
Can I cut down a tree that is protected tree?
It is unlawful to take down protected trees without the required permissions. If you require the tree to be removed then you must seek permission from the council and provide the evidence needed to prove your case.
Conclusion
In the end, determining if the tree is protected is an essential aspect in ensuring that any tree work carried out legally. By understanding the different types of protection and the best way to check for them to ensure you’re following the law and are protecting the trees that you are responsible for. If you are unsure about the protection status of a tree, we recommend consulting an expert in tree care such as Blacktown Tree Cutting. Our arborists are experienced and can advise you on the protection status of your trees, and will guide you through the steps to ensure you are acting within the law. With our knowledge and dedication to provide high-quality tree services We can assist you to keep the beauty and value of your trees. Contact us today by calling 0480 024 203 to schedule a appointment, and let us assist you to ensure that your trees are protected and healthy.