The Consequences of Removing an encircled tree and how to Avoid These

Posted by Blacktown Tree Pruning on 31 Oct 2024

Trees play a crucial role in our environment, providing shade, clean air and aesthetic value our surroundings. However they are not all identical and some are granted additional protection status, making it illegal to perform any work without permission. If you are considering having a tree removed, it’s essential to understand the status of protection for the tree being considered, and the steps you need to take to ensure compliance with the law. In this article, we’ll guide you through the process of determining whether the tree is safe and exactly what steps you need to do to ensure you comply with the law.

What is a protected tree?

A protected tree is one that has been subjected to certain legal restrictions and it is unlawful to carry out work on such a tree without having the appropriate permissions. There are two types of protection that a tree could be protected by - statutory protection and preservation orders.

Statutory protection

Under the law, trees are protected by law and are in the hands 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 set up 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 all work, which includes cutting down.

How do I know when a tree is in danger?

To determine whether trees are protected, you will need to verify if it’s in the process of being subject to a TPO or preservation or protection order. This can be done by contacting your municipal authority, and asking them to check for records.

To find a TPO to locate one, contact an Tree or Woodland Official from your local authority. They will inform you whether the tree is in the protection. They’ll also be able to guide you on the next steps to do if your tree is protected.

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 information you require and direction.

FAQs:

What happens if I conduct work on a protected tree without permission?

If you 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 an TPO or preservation order?

Yes, you can appeal an appeal of a TPO or preservation or TPO if you feel it’s not justifiable. However, you will need to provide evidence to support your argument and demonstrate why the TPO or the preservation decision isn’t needed.

Can I take down a protected tree?

It is against the law to remove protected trees without the required permissions. If you need the tree to be removed it is necessary to 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 a crucial step to ensure that any tree work is legally completed. By understanding the different types of protection and the best way to check for them it is possible to be sure that you are acting within the law and are protecting the trees that you are responsible for. If you are unsure about the protection status of trees, we suggest seeking professional advice from an experienced tree expert, such as Blacktown Tree Pruning. Our arborists are experienced and will be able to inform you regarding the status of protection of your trees and guide you through the steps to ensure you are acting within the legal guidelines. With our expertise and commitment to providing high-quality tree services, we can help you maintain the beauty and worth of your trees. Call us now at 0480 024 203 to schedule a consultation, and let us guide you on how to keep your trees protected and healthy.

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