The Consequences of Removing an encircled tree and how to Avoid Them
Trees play a crucial contribution to our ecosystem by providing shade, fresh air, and aesthetic value to our surroundings. However, not all trees are equal and some carry extra protection status, which makes it illegal to do any work without permission. If you’re considering having a tree removed it is essential to know the status of protection for the tree being considered and the steps you need to take to comply with the legal requirements. The following article we will help you understand the process of determining whether trees are safe and exactly what steps you will need to do to ensure you are following the law.
What exactly is a tree that is protected?
A protected tree is subject to specific laws and regulations and it is unlawful to work on a protected tree without having the appropriate permissions. There are two kinds of protection that trees could be protected by - preservation orders and protection orders.
Legal protection
Under the law trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to protect trees of significant public value and to ensure that they do not get damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are set up from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have exceptional worth and are therefore protected from all work, which includes felling.
What can I do to determine when a tree is in danger?
To determine if the tree is protected, you will need to determine if the tree is in the process of being subject to a TPO or preservation order. It is done by contacting the municipal authority, and asking them to search their archives.
TPO search
If you want to find the TPO, you can contact the Tree and Woodland officer of your local authority. They can inform you whether the tree is in the protection. They’ll also be able advise you on the next steps you should do if your tree is in a protected area.
Preservation order search
In order to search for a preservation permit, you’ll need to call the Secretary of State for the Environment. They will determine if the tree is protected and give you the necessary information and guidance.
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 obtaining the necessary permits, you could be facing massive fines or even prison.
Can I appeal an TPO and/or preservation order?
Yes, you can appeal a TPO or preservation order if you feel it is unjustified. But, you’ll need be able to present evidence to back your claim and explain why it is not necessary to appeal the TPO or order to preserve is not necessary.
Can I take down a protected tree?
It is illegal to remove protected trees without the necessary permissions. If you want removal of the tree then you must seek permission from the council and provide proof to back your claim.
Conclusion
To conclude, knowing if a tree is protected is a crucial step in ensuring that any tree work is carried out legally. By understanding the different types of protection, and knowing how to identify them, you can ensure that you’re in compliance with the law and are protecting the trees that you are responsible for. If you are unsure about the protection status of a tree, we recommend consulting an expert in tree care like Sydney Eastern Suburbs Tree Lopping. Our experienced arborists can advise you regarding the status of protection of your trees, and will guide you through the necessary steps to ensure you are acting within the law. With our knowledge and dedication to providing top-quality tree care, we can help you keep the beauty and worth for your tree. Contact us now by calling 1300 514 819 to schedule a appointment, and let us guide you on how to keep your trees protected and healthy.