Avoiding the Tree Removal Mistakes that can be made How to Determine whether a Tree is protected
Trees play an important role in our environment by providing shade, fresh air, and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry an additional status of protection, making it illegal to carry out any work without permission. If you are considering having a tree removed, it’s essential to understand the status of protection for the tree in question, and the steps you have to take to comply with the laws. This article we will help you understand the process of discovering whether the tree is protected and what you have to do to ensure you are acting within the law.
What is a protected tree?
A protected tree is one that has been subjected to certain legal controls, and it’s illegal to do work on such a tree without having the appropriate permissions. There are two kinds of protection that trees might have: preservation orders and protection orders.
Protection under the law
Under statutory protection trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are put in place 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 like TPOs in that they are set up by the Secretary of State for the Environment. Preservation orders for trees are considered to have an exceptional value and are shielded from any kind of work, including felling.
What can I do to determine whether a tree is safe?
To determine whether the tree is protected, you will need to determine if the tree is subject to a TPO or preservation or protection order. It is done by contacting the local authority and asking them to check their archives.
TPO search
To find a TPO to locate one, contact an Tree and Woodland officer from your local authority, who will be able to tell you if the tree is protected. They’ll also be able advise you on the next steps you should do if your tree is protected.
Preservation order search
To search for a preservation permit, you’ll need to call secretary of state for Environment. They can tell you if the tree is protected and will provide the necessary information and guidance.
FAQs:
What happens if I conduct work on a protected tree 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 appeal an TPO and/or preservation order?
You can appeal to a TPO or preservation or TPO if you feel it is unjustified. But, you’ll need be able to present evidence to back your case and show your argument as to why you believe that the TPO or preservation order isn’t needed.
Can I remove a protected tree?
It is unlawful to take down protected trees without the necessary permissions. If you want the tree to be removed it is necessary to apply for permission and provide proof to back your claim.
Conclusion
In conclusion, discovering whether the tree is protected is a crucial step in ensuring that any tree work legally completed. Understanding the different kinds of protection and the best way to check for them, you can ensure that you’re following the law and protecting the trees you care for. If you are unsure about the nature of the protection of a tree, we recommend seeking professional advice from an expert in tree care like Sydney Tree Lopping. Our team of experienced arborists can advise you on the protection status of your trees and walk you through the required steps to ensure that you are acting within the laws. With our expertise and commitment to providing high-quality tree services, we can help you maintain the beauty and value that your trees have. Contact us now by phone at 1300 274 346 to schedule a appointment, and let us assist you to ensure that your trees are protected and healthy.