What makes a tree protected and How Do I Find Out
Trees play a crucial contribution to our ecosystem as they provide shade, clean air and aesthetic value our surroundings. However, not all trees are equal and some carry additional protection status, making it illegal to perform any work without permission. If you are considering having a tree removed it is essential to know the protection status of the tree in question, and the steps you need to take to ensure compliance with the legal requirements. The following article we’ll guide you through the process of determining whether trees are secured and the steps you will need to do to ensure you comply with the law.
What exactly is a tree that is protected?
A protected tree is one that can be subject to specific legal controls and it is unlawful to{ carry out|| do} work on a protected tree without obtaining the necessary permissions. There are two types of protection that trees could be protected by - preservation orders and protection orders.
Legal protection
In the context of statutory protection, trees are protected by laws and under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to protect trees of significant value to the public and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs , but are issued from the Secretary of State responsible for Environment. Preservation orders for trees are considered to be of exceptional value and are protected from any work, including cutting down.
How do I know if a tree is protected?
To determine if a tree is protected, you need to verify if it’s subject to a TPO or preservation or protection order. It is done by contacting your authorities in your area and asking them check their archives.
TPO search
To search for the TPO You can reach your local Tree or Woodland Official from your local authority. They will be able to tell you whether the tree is protected. They will also be able to advise you on the next steps to follow if the tree is in a protected area.
Preservation order search
In order to search for a preservation order, you’ll need to call secretary of state for Environment. They will inform you whether 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|| do} work on a protected tree without the appropriate permits, you could be facing substantial fines and even imprisonment.
Can I contest a TPO and/or preservation order?
You can appeal a TPO or preservation or TPO if it is unjustified. However, you will need to provide evidence to support your claim and explain that it is not necessary to appeal the TPO or preservation order isn’t necessary.
Can I take down a protected tree?
It is against the law to remove trees that are protected without permission from the appropriate authorities. If you want removal of the tree then you must apply for permission and provide proof to back your claim.
Conclusion
In the end, determining if a tree is protected is a vital step in ensuring that any tree work carried out legally. If you know the various types of protection and how to identify them, you can ensure that you’re following the law and safeguarding the trees that you are responsible for. If you’re unsure of the protection status of a tree, we recommend seeking advice from an experienced tree expert such as Sydney Tree Removal. Our arborists are experienced and will be able to inform you about the protection status of your trees, and will guide you through the{ necessary|| required} steps to ensure you are acting within the law. With our experience and dedication to provide high-quality tree services, we can help you keep the beauty and worth that your trees have. Contact us now by calling 1300 636 143 to schedule a consultation, and let us assist you to keep your trees safe and healthy.