How to Determine if a Tree is Protected Before Removing It
Trees play an essential part in the 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 protection status of the tree you’re considering and the steps you need to follow to be in compliance with the law. The following article we’ll walk you through the process of discovering whether the tree is safe and exactly what steps you have take to be sure you are acting within the law.
What is a protected tree?
A protected tree is subject to specific legal controls, and it’s illegal to carry out work on such a tree without having the appropriate permissions. There are two types of protection that trees could be protected by - preservation and protection orders that are statutory.
Legal protection
In the context of legal protection, trees are protected by laws and under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant public value and to ensure that 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. Trees with preservation orders are considered to have an exceptional worth and are therefore protected from all work, which includes the felling.
How can I tell whether a tree is safe?
To determine if trees are protected, you must to determine if the tree is under the protection of a TPO or preservation order. This can be done by contacting the authorities in your area and asking them search their archives.
TPO search
To find an TPO to locate one, contact the Tree and Woodland officer from your local authority, who will inform you if the tree is protected. They will also be able to guide you on the next steps you should take 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 tell you whether the tree is in the protected zone and will provide the necessary information and guidance.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you carry out work on a protected tree without obtaining the necessary permits, you could be facing massive fines or even prison.
Can I appeal an TPO Or preservation or TPO?
Yes, you are able to appeal to a TPO or preservation decision if you believe it’s not justifiable. You will have to provide evidence to support your argument and demonstrate why you believe that the TPO or order to preserve isn’t necessary.
Can I remove a protected tree?
It is illegal to remove a protected tree without obtaining permission from the appropriate authorities. If you want removal of the tree then you must apply for permission and provide the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether the tree is protected is a vital step to ensure that tree work is carried out legally. If you know the various types of protection and the best way to identify them, you can ensure that you are acting within the law and safeguarding the trees in your care. If you’re unsure of the status of protection for the tree you are in charge of, we suggest seeking professional advice from an expert in tree care, such as Blacktown Tree Pruning. Our arborists are experienced and can advise you about the protection status of your trees and guide you through the required steps to ensure you are following the law. With our experience and dedication to providing high-quality tree services, we can help you keep the beauty and worth for your tree. Contact us now by phone at 0480 024 203 to schedule a appointment, and let us guide you on how to keep your trees safe and healthy.