What is the definition of a tree that should be protected and How to Find Out
Trees play a crucial role in our environment as they provide shade, clean air, and aesthetic value to our surroundings. However, not all trees are identical and some are granted additional protection status, making it illegal to carry out any work without obtaining permission. If you’re thinking of having a tree removed it is crucial to be aware of the status of protection for the tree being considered, and the steps you have to take to ensure compliance with the legal requirements. This article we will help you understand the process of discovering whether trees are secured and the steps you will need take to be sure you are following the law.
What is a protected tree?
A protected tree is one that has been subjected to certain legal restrictions It is illegal to do works on a tree without having the appropriate permissions. There are two types of protection a tree may have - preservation orders and protection orders.
Statutory protection
In the context of statutory protection, trees are protected by law and are in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are set up by the Secretary of State for the Environment. Trees with preservation orders are considered to have exceptional value and are shielded from any work, including felling.
What can I do to determine if a tree is protected?
To determine whether the tree is protected, you need to verify if it’s in the process of being subject to an TPO or preservation or protection order. This can be done by contacting your local authority and asking them to check their records.
TPO search
To search for a TPO You can reach your local Tree and Woodland officer of your 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 you should follow if the tree is protected.
Preservation order search
In order to search for a preservation permit, you must contact secretary of state for Environment. They will be able to tell 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 carry out work on a tree that is protected without the appropriate authorizations, you could be subject to significant fines, and possibly even jail time.
Can I appeal a TPO and/or preservation order?
Yes, you are able to appeal to a TPO or preservation decision if you feel it’s not justifiable. You will have to provide evidence to support your argument and demonstrate that the TPO or preservation order isn’t needed.
Can I cut down a tree that is protected tree?
It is unlawful to take down trees that are protected without the necessary permissions. If you need removal of the tree then you must seek permission from the council and provide the evidence needed to prove your case.
Conclusion
To conclude, knowing if trees are protected is a vital aspect in ensuring that any tree work is legally completed. By understanding the different types of protection, and knowing how to determine if they are protected, you can ensure that you’re following the law and safeguarding the trees that you are responsible for. If you’re unsure of the nature of the protection of a tree, we recommend seeking professional advice from an expert in tree care like Western Sydney Tree Removal. Our arborists are experienced and will be able to advise you about the protection status of your trees and guide you through the required steps to make sure you’re complying with the law. With our knowledge and dedication to providing high-quality tree services we will help you keep the beauty and worth for your tree. Contact us today by calling 1300 330 872 to schedule a consultation and let us assist you to keep your trees protected and healthy.