How to Determine the extent of protection a tree has before removing it
Trees play a crucial role in our environment as they provide shade, clean air and aesthetic value our surroundings. However they are not all identical and some are granted an additional status of protection, making it illegal to perform any work without obtaining permission. If you’re thinking of having a tree removed, it’s essential to understand the status of protection for the tree you’re considering and the steps you have to take to comply with the laws. This article we’ll guide you through the process of discovering whether a tree is protected and what you will need take to be sure that you are acting within the law.
What is a protected tree?
A protected tree is subject to specific laws and regulations and it is unlawful to do work on such a tree without obtaining the necessary permissions. There are two kinds of protection that trees could be protected by - statutory protection and preservation orders.
Legal protection
In the context of legal protection, trees are protected by the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are enacted 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. The trees that are protected by preservation orders are considered to have exceptional value and are shielded from all work, which includes the felling.
How can I tell when a tree is in danger?
To determine if the tree is protected, you will need to determine if the tree is under the protection of a TPO or preservation order. This can be done by contacting your authorities in your area and asking them check for records.
TPO search
To search for the TPO, you can contact an Tree or Woodland Official at your local authority. They will be able to tell you whether the tree is in the protection. They will also be able to guide you on the next steps you should follow if the tree is protected.
Preservation order search
If you are looking for a preservation order you’ll need to call Secretary of State, Department of the Environment. They will determine whether the tree is protected and provide you with the information you require and direction.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you work on a tree that is protected without the proper permissions, you could face massive fines or even prison.
Can I appeal to a TPO or preservation order?
Yes, you are able to appeal to a TPO or preservation order if it’s not justifiable. But, you’ll need to provide evidence to support your argument and demonstrate 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 trees that are protected without the required permissions. If you require the tree to be removed it is necessary to request permission and submit proof to back your claim.
Conclusion
In the end, determining if the tree is protected is a crucial step to ensure that tree work is carried out legally. If you know the various types of protection and how to identify them it is possible to be sure that you are acting within the law and are protecting the trees you care for. If you are unsure about the status of protection for trees, we suggest consulting an experienced tree expert, such as Sydney Tree Removal. Our experienced arborists will be able to inform you on the protection status of your trees, and will guide you through the required steps to ensure you are acting within the legal guidelines. With our experience and dedication to provide high-quality tree services We can assist you to keep the beauty and value that your trees have. Contact us now at 1300 636 143 to schedule a consultation, and let us assist you to keep your trees protected and healthy.