How do I determine if a Tree is Protected before removing it
Trees play a crucial contribution to our ecosystem, providing shade, clean air and aesthetic value to our surroundings. However, not all trees are identical and some are granted an additional status of protection, making it illegal to carry out any work without obtaining permission. If you are considering having a tree removed it is crucial to be aware of the status of protection for the tree in question, and what steps you’ll 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 protected and what you will need take to be sure you comply with the law.
What is a protected tree?
A protected tree is one that is subject to specific legal controls It is illegal to work on such a tree without the required permissions. There are two types of protection a tree could be protected by - preservation orders and protection orders.
Protection under the law
As a matter of legal protection, trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees with a significant public value and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are issued by the Secretary of State for the Environment. Preservation orders for trees are considered to have exceptional value and are shielded from any kind of work, including felling.
How can I tell if a tree is protected?
To determine whether the tree is protected, you will need to determine if the tree is subject to the protection of a TPO or preservation or protection order. This can be done by contacting the authorities in your area and asking them check their archives.
TPO search
If you want to find the TPO to locate one, contact an Tree or Woodland Official of your local authority. They will inform you whether the tree is protected. They’ll also be able to guide you on the next steps you should take if the tree is in a protected area.
Preservation order search
To search for a preservation order, you will need to contact secretary of state for Environment. They will be able to inform you if the tree is protected and give you the required information and guidelines.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you carry out work on a protected tree without obtaining the necessary permissions, you could face significant fines, and possibly even jail time.
Can I contest a TPO or preservation order?
Yes, you can appeal a TPO or preservation order if you believe that it is not justified. You will have to prove your case and show your argument as to why the TPO or the preservation decision is not necessary.
Can I remove a protected tree?
It is against the law to remove protected trees without the required permissions. If you want the tree to be removed, you will need to seek permission from the council and provide evidence to support your case.
Conclusion
To conclude, knowing if trees are protected is a crucial step in ensuring that tree work is legally completed. Understanding the different kinds of protection and how to determine if they are protected to ensure you are acting within the law and are protecting the trees in your care. If you are unsure about the nature of the protection of the tree you are in charge of, we suggest seeking professional advice from a reputable tree specialist such as Blacktown Tree Pruning. Our team of experienced arborists can advise you regarding the status of protection of your trees and guide you through the necessary steps to ensure you are following the laws. With our expertise and commitment to providing high-quality tree services We can assist you to preserve the beauty and value of your trees. Call us now by calling 0480 024 203 to schedule a consultation and let us guide you on how to keep your trees safe and healthy.