The Repercussions of removing a Protected Tree and How to Avoid them
Trees play a crucial part in the environment as they provide shade, clean air and aesthetic value our surroundings. However they are not all identical and some are granted extra protection status, which makes it illegal to perform any work without obtaining permission. If you are considering having a tree removed it is essential to know the protection status of the tree you’re considering and the steps you need to take to comply with the laws. This article we will walk you through the process of determining whether trees are protected and what you need take to be sure you are acting within the law.
What exactly is a tree that is protected?
A protected tree has been subjected to certain laws and regulations and it is unlawful to do work on a protected tree without the required permissions. There are two kinds of protection a tree may have - preservation orders and protection orders.
Statutory protection
As a matter of statutory protection, trees are protected by the law, and they are in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees with a significant public value and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are put in place through the secretary of state for the Environment. Trees with preservation orders are considered to have exceptional worth and are therefore protected from any kind of work, including cutting down.
How can I tell whether a tree is safe?
To determine whether a tree is protected, you will need to check if it is in the process of being subject to a TPO or preservation or protection order. This can be accomplished by contacting the municipal authority, and asking them to search their archives.
TPO search
To search for an TPO, you can contact your local Tree and Woodland officer at 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 on the next steps to take if the tree is protected.
Preservation order search
To search for a preservation order, you’ll need to call Secretary of State, Department of the Environment. They will inform you if the tree is protected and give you the required information and guidelines.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you work on a protected tree without the proper permits, you could be facing substantial fines and even imprisonment.
Can I appeal to a TPO or preservation order?
Yes, you are able to appeal an appeal of a TPO or preservation or TPO if it is unjustified. But, you’ll need to provide evidence to support your case and show why the TPO or preservation order is not necessary.
Can I cut down a tree that is protected tree?
It is unlawful to take down trees that are protected without the required permissions. If you need removal of the tree it is necessary to 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 tree work is carried out legally. Understanding the different kinds of protection, and knowing how to identify them, you can ensure that you are acting within the law and protecting the trees in your care. If you are unsure about the protection status of the tree you are in charge of, we suggest consulting an expert in tree care, such as Western Sydney Tree Removal. Our arborists are experienced and will be able to advise you on the protection status of your trees and guide you through the steps to ensure that you are acting within the legal guidelines. With our knowledge and dedication to provide high-quality tree services We can assist you to keep the beauty and value for your tree. Contact us now at 1300 330 872 to schedule a consultation and let us help you ensure that your trees are protected and healthy.