How do you determine whether a Tree is protected Before Removing It
Trees play an essential role in our environment, providing shade, clean air and aesthetic value to our surroundings. However, not all trees are equal and some carry an additional status of protection, making it illegal to perform 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 the steps you need to take to comply with the legal requirements. This article we will walk you through the process of determining whether the tree is safe and exactly what steps you have to do to ensure you are acting within the law.
What is a protected tree?
A protected tree is one that can be subject to specific legal controls, and it’s illegal to work on a protected tree without obtaining the necessary permissions. There are two kinds of protection that a tree could be protected by - preservation and protection orders that are statutory.
Statutory protection
As a matter of legal protection trees are protected under the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities in order to protect trees of significant public value and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are set up from the Secretary of State responsible for Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are shielded from any work, including the felling.
What can I do to determine when a tree is in danger?
To determine whether the tree is protected, you will need to check if it is in the process of being subject to the protection of a TPO or preservation or protection order. It is done by contacting the municipal authority, and asking them to look up for records.
TPO search
If you want to find an TPO, you can contact the Tree and Woodland Officer from your local authority. They will inform you whether the tree is protected. They will also be able to guide you about the next steps to do if your tree is protected.
Preservation order search
In order to search for a preservation order you must contact secretary of state for Environment. They will be able to inform you whether the tree is protected and give you the required information and guidelines.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you work on a protected tree without the appropriate authorizations, you could be subject to massive fines or even prison.
Can I contest a TPO and/or preservation order?
Yes, you can appeal to a TPO or preservation or TPO if you feel it is unjustified. You will have to prove your claim and explain your argument as to why you believe that the TPO or order to preserve isn’t needed.
Can I take down a protected tree?
It is unlawful to take down protected trees without permission from the appropriate authorities. If you want removal of the tree then you must request permission and submit proof to back your claim.
Conclusion
In conclusion, discovering whether a tree is protected is a vital step to ensure that tree work is legally completed. Understanding the different kinds of protection and how to determine if they are protected it is possible to be sure that you’re following the law and are protecting the trees you care for. If you’re not sure about the protection status of the tree you are in charge of, we suggest seeking advice from a reputable tree specialist, such as Blacktown Tree Pruning. Our arborists are experienced and will be able to advise you on the protection status of your trees and walk you through the necessary steps to ensure you are following the laws. With our knowledge and dedication to provide high-quality tree services We can assist you to maintain the beauty and value that your trees have. Call us now at 0480 024 203 to schedule a consultation and let us assist you to keep your trees safe and healthy.