The Repercussions of removing a Protected Tree and How to Avoid them
Trees play an essential part in the environment by providing shade, fresh air and aesthetic value our surroundings. However there are a few trees that aren’t alike and some have extra protection status, which makes 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 in question, and what steps you’ll need to take to comply with the legal requirements. In this article, we’ll walk you through the process of discovering whether trees are secured and the steps you need be doing to make sure you are following the law.
What is a protected tree?
A protected tree is one that can be subject to specific legal restrictions It is illegal to work on such a tree without the required permissions. There are two types of protection that trees might have: preservation and protection orders that are statutory.
Protection under the law
As a matter of the law trees are protected by laws and 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 ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are set up through the secretary of state for the Environment. Trees with preservation orders are considered to have exceptional worth and are therefore protected from any kind of work, including cutting down.
What can I do to determine whether a tree is safe?
To determine whether the tree is protected, you will need to check if it is under an TPO or preservation orders. This can be done by contacting your local authority and asking them to search for records.
TPO search
To find an TPO to locate one, contact an Tree and Woodland officer at your local authority, who will inform you whether the tree is in the protection. They’ll also be able advise you on the next steps you should do if your tree is in a protected area.
Preservation order search
If you are looking for a preservation permit, you must contact Secretary of State, Department of the Environment. They can inform you whether the tree is in the protected zone and provide you with the required information and guidelines.
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 substantial fines and even imprisonment.
Can I contest to a TPO Or preservation or TPO?
Yes, you can appeal to a TPO or preservation order if you believe it’s not justifiable. But, you’ll need to prove your argument and demonstrate why the TPO or preservation order isn’t necessary.
Can I take down a protected tree?
It is unlawful to take down a protected tree without obtaining the required permissions. If you need removal of the tree, you will need to apply for permission and provide evidence to support your case.
Conclusion
In the end, determining if the tree is protected is an essential aspect in ensuring that any tree work is carried out legally. By understanding the different types of protection, and knowing how to check for them, you can ensure that you’re in compliance with the law and are protecting the trees that you are responsible for. If you are unsure about the status of protection for the tree you are in charge of, we suggest seeking professional advice from an experienced tree expert such as Sydney Tree Lopping. Our team of experienced arborists will be able to advise you about the protection status of your trees and walk you through the steps to make sure you’re complying with the legal guidelines. With our knowledge and dedication to provide high-quality tree services, we can help you preserve the beauty and value that your trees have. Contact us now at 1300 274 346 to schedule a consultation and let us assist you to ensure that your trees are protected and healthy.