What is the definition of a tree that should be protected and How to Find Out
Trees play an important part in the environment, providing shade, clean air, and aesthetic value to our surroundings. However, not all trees are equal and some carry additional protection status, making it illegal to do any activity without authorization. If you’re considering having a tree removed, it’s essential to understand the status of protection for the tree being considered, and what steps you’ll need to follow to be in compliance with the legal requirements. In this article, we will help you understand the steps to determine if trees are safe and exactly what steps you have take to be sure you are acting within the law.
What exactly is a tree that is protected?
A protected tree is one that can be subject to specific legal restrictions and it is unlawful to{ carry out|| do} work on a protected tree without having the appropriate permissions. There are two types of protection a tree may have - preservation and protection orders that are statutory.
Legal protection
In the context of legal protection trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees with a significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are set up by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to be of exceptional value and are shielded from any work, including the felling.
What can I do to determine when a tree is in danger?
To determine if a tree is protected, you will need to check if it is subject to an TPO or preservation order. It is done by contacting the municipal authority, and asking them to search for records.
TPO search
If you want to find a TPO You can reach the Tree and Woodland Officer of the local authority. They will be able to tell you whether the tree is in the protection. They will also be able to advise you about the next steps to take if the tree is in a protected area.
Preservation order search
In order to search for a preservation order you must contact Secretary of State, Department of the Environment. They will tell you if the tree is protected and will provide the information you require and direction.
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 proper authorizations, you could be subject to significant fines, and possibly even jail time.
Can I appeal to a TPO Or preservation or TPO?
Yes, you are able to appeal to a TPO or preservation order if you believe it is unjustified. You will have be able to present evidence to back your argument and demonstrate why it is not necessary to appeal the TPO or order to preserve isn’t needed.
Can I cut down a tree that is protected tree?
It is illegal to remove trees that are protected without the required permissions. If you want removal of the tree then you must request permission and submit evidence to support your case.
Conclusion
In conclusion, discovering whether the tree is protected is a crucial step to ensure that any tree work carried out legally. If you know the various types of protection and the best way to identify them it is possible to be sure that you’re in compliance with the law and are protecting the trees in your care. If you’re unsure of the protection status of a tree, we recommend seeking advice from an expert in tree care, such as Hawkesbury Tree Removal. Our team of experienced arborists will be able to advise you on the protection status of your trees and guide you through the{ necessary|| required} steps to make sure you’re acting within the legal guidelines. With our knowledge and dedication to providing high-quality tree services we will help you maintain the beauty and value for your tree. Contact us now by calling 0480 024 203 to schedule a consultation, and let us guide you on how to ensure that your trees are protected and healthy.