How to Determine whether a Tree is protected before removing it
Trees play an important part in the environment, providing shade, clean air and aesthetic value our surroundings. However there are a few trees that aren’t alike and some have additional protection status, making it illegal to do any activity without authorization. If you’re thinking of having a tree removed it is crucial to be aware of the protection status of the tree in question, and the steps you have to follow to be in compliance with the laws. The following article we’ll guide you through the process of determining whether trees are safe and exactly what steps you have take to be sure you comply with the law.
What exactly is a tree that is protected?
A protected tree is subject to specific legal restrictions, and it’s illegal to carry out work on a protected tree without having the appropriate permissions. There are two types of protection that trees might have: preservation orders and protection orders.
Legal protection
In the context of the law trees are protected under law and are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees of significant value to the public and to ensure that 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 value and are protected from all work, which includes felling.
What can I do to determine whether a tree is safe?
To determine if the tree is protected, you must to determine if the tree is subject to an TPO or preservation or protection order. This can be accomplished by contacting the municipal authority, and asking them to look up their archives.
TPO search
To search for the TPO, you can contact the Tree and Woodland officer from 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 follow if the tree is protected.
Preservation order search
If you are looking for a preservation order, you must contact secretary of state for Environment. They can inform you if the tree is protected and will provide the information you require and direction.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you do work on a tree that is protected without the proper permits, you could be facing significant fines, and possibly even jail time.
Can I contest to a TPO or preservation order?
Yes, you are able to appeal a TPO or preservation order if you feel that it is not justified. However, you will need to prove your argument and demonstrate that you believe that the TPO or the preservation decision isn’t necessary.
Can I take down a protected tree?
It is against the law to remove protected trees without permission from the appropriate authorities. If you require removal of the tree it is necessary to request permission and submit the evidence needed to prove your case.
Conclusion
In the end, determining if the tree is protected is a vital step in ensuring that tree work is carried out legally. By understanding the different types of protection and the best way to check for them to ensure you’re following the law and are protecting the trees you care for. If you’re unsure of the protection status of a tree, we recommend seeking advice from an experienced tree expert such as Hawkesbury Tree Removal. Our experienced arborists will be able to inform you about the protection status of your trees, and will guide you through the steps to ensure you are acting within the law. With our knowledge and dedication to provide high-quality tree services, we can help you preserve the beauty and worth that your trees have. Contact us today at 0480 024 203 to schedule a appointment, and let us guide you on how to keep your trees safe and healthy.
