How do I determine the extent of protection a tree has 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 identical and some are granted an additional status of protection, making it illegal to perform any work without permission. If you’re thinking of having a tree removed it is essential to know the protection status of the tree being considered, and the steps you have to follow to be in compliance with the law. This article we’ll walk you through the steps to determine if the tree is secured and the steps you will need take to be sure you comply with the law.
What is a protected tree?
A protected tree can be subject to specific laws and regulations, and it’s illegal to work on such a tree without obtaining the necessary permissions. There are two types of protection that a tree may have - preservation orders and protection orders.
Protection under the law
Under legal protection trees are protected under laws and subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant public value and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are set up from the Secretary of State responsible for Environment. Trees with preservation orders are considered to be of exceptional value and are protected from all work, which includes cutting down.
What can I do to determine if a tree is protected?
To determine if trees are protected, you will need to check if it is subject to an TPO or preservation order. It is done by contacting the local authority and asking them to look up for records.
TPO search
To search for the TPO You can reach an Tree and Woodland Officer from your local authority, who will be able to tell you whether the tree is protected. They will also be able advise you about the next steps to follow if the tree is protected.
Preservation order search
To search for a preservation permit, you will need to contact Secretary of State, Department of the Environment. They can determine whether the tree is protected and provide you with the necessary information and guidance.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you do work on a protected tree without the proper permissions, you could face substantial fines and even imprisonment.
Can I appeal a TPO and/or preservation order?
Yes, you can appeal a TPO or preservation decision if it is unjustified. But, you’ll need to prove your case and show why you believe that the TPO or order to preserve isn’t needed.
Can I cut down a tree that is protected tree?
It is illegal to remove protected trees without permission from the appropriate authorities. If you want removal of the tree it is necessary to seek permission from the council and provide proof to back your claim.
Conclusion
In the end, determining if a tree is protected is an essential step to ensure that tree work is legally completed. Understanding the different kinds of protection and how to check for them, you can ensure that you’re in compliance with the law and safeguarding the trees you care for. If you’re not sure about the nature of the protection of the tree you are in charge of, we suggest consulting a reputable tree specialist, such as Blacktown Tree Trimming. Our arborists are experienced and will be able to advise you regarding the status of protection of your trees and walk you through the steps to make sure you’re acting within the legal guidelines. With our experience and dedication to providing high-quality tree services we will help you maintain the beauty and value that your trees have. Contact us today at 0480 024 203 to schedule a consultation, and let us guide you on how to ensure that your trees are protected and healthy.