How to Determine the extent of protection a tree has before removing it
Trees play an essential contribution to our ecosystem as they provide shade, clean air, and aesthetic value to our surroundings. However they are not all identical and some are granted extra protection status, which makes it illegal to carry out any activity without authorization. If you are considering having a tree removed it is crucial to be aware of the protection status of the tree in question and what steps you’ll need to take to comply with the legal requirements. In this article, we’ll walk you through the process of discovering whether the tree is safe and exactly what steps you need be doing to make sure that you comply with the law.
What exactly is a tree that is protected?
A protected tree is one that has been subjected to certain laws and regulations and it is unlawful to carry out work on a protected tree without the required permissions. There are two types of protection a tree might have: preservation and protection orders that are statutory.
Protection under the law
As a matter of statutory protection trees are protected under the law, and they are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant value to the public and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are put in place from the Secretary of State responsible for Environment. Trees with preservation orders are considered to be of exceptional value and are protected from all work, which includes felling.
How do I know when a tree is in danger?
To determine if the tree is protected, you must to verify if it’s under the protection of a TPO or preservation order. This can be done by contacting your authorities in your area and asking them check their archives.
TPO search
If you want to find the TPO You can reach the Tree and Woodland Officer at the local authority. They will inform you whether the tree is in the protection. They will also be able to guide you on the next steps to do if your tree is protected.
Preservation order search
In order to search for a preservation permit, you’ll need to call the Secretary of State for the Environment. They can determine whether the tree is in the protected zone and give you the information you require and direction.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you do work on a protected tree without the appropriate permits, you could be facing significant fines, and possibly even jail time.
Can I appeal to a TPO and/or preservation order?
You can appeal to a TPO or preservation decision if you feel that it is not justified. But, you’ll need to provide evidence to support your claim and explain that it is not necessary to appeal the TPO or preservation order isn’t needed.
Can I take down a protected tree?
It is illegal to remove trees that are protected without permission from the appropriate authorities. If you require removal of the tree then you must seek permission from the council and provide proof to back your claim.
Conclusion
In the end, determining if a tree is protected is a crucial step to ensure that any tree work carried out legally. By understanding the different types of protection, and knowing how to check for them, you can ensure that you’re following the law and are protecting the trees in your care. If you are unsure about the protection status of a tree, we recommend seeking advice from an expert in tree care such as Hawkesbury Tree Removal. Our experienced arborists can advise you about the protection status of your trees and walk you through the necessary steps to make sure you’re complying with the law. With our expertise and commitment to providing top-quality tree care We can assist you to maintain the beauty and worth for your tree. Contact us today 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.