What makes a tree protected and How to Find Out
Trees play an essential role in our environment, providing shade, clean air, and aesthetic value to our surroundings. However, not all trees are identical and some are granted extra protection status, which makes it illegal to carry out any work without permission. If you’re considering having a tree removed it is crucial to be aware of the status of protection for the tree in question, and the steps you have to take to comply with the legal requirements. In this article, we’ll help you understand the steps to determine if a tree is safe and exactly what steps you will need be doing to make sure that you are acting within the law.
What is a protected tree?
A protected tree is one that is subject to specific legal restrictions, and it’s illegal to do work on a protected tree without the required permissions. There are two types of protection a tree might have: preservation orders and protection orders.
Protection under the law
As a matter of the law trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard 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 issued by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have an exceptional worth and are therefore protected from any work, including felling.
What can I do to determine if a tree is protected?
To determine whether trees are protected, you need to verify if it’s subject to an TPO or preservation order. This can be done by contacting your municipal authority, and asking them to check for records.
TPO search
If you want to find a TPO, you can contact your local Tree or Woodland Official of your local authority. They will be able to tell you if the tree is protected. They will also be able to advise you about the next steps to take if the tree is protected.
Preservation order search
In order to search for a preservation permit, you will need to contact secretary of state for Environment. They will be able to tell you if the tree is protected and provide you with the information you require and direction.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you carry out work on a tree that is protected without obtaining the necessary permits, you could be facing massive fines or even prison.
Can I contest a TPO and/or preservation order?
Yes, you can appeal to a TPO or preservation order if you believe it is unjustified. However, you will need to provide evidence to support your argument and demonstrate why it is not necessary to appeal the TPO or preservation order isn’t needed.
Can I cut down a tree that is protected tree?
It is against the law to remove protected trees without the required permissions. If you need removal of the tree it is necessary to 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 tree work is carried out legally. If you know the various types of protection, and knowing how to determine if they are protected to ensure you’re following the law and protecting the trees in your care. If you are unsure about the status of protection for the tree you are in charge of, we suggest consulting an expert in tree care like Sydney Eastern Suburbs Tree Lopping. Our experienced arborists will be able to inform you regarding the status of protection of your trees, and will guide you through the necessary steps to ensure that you are following the laws. With our experience and dedication to provide high-quality tree services, we can help you maintain the beauty and worth that your trees have. Contact us today by phone at 1300 514 819 to schedule a consultation, and let us guide you on how to keep your trees protected and healthy.