Avoiding the Tree Removal Mistakes that can be made How to Determine whether a Tree is protected
Trees play an important part in the environment, providing shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t alike and some have an additional status of protection, making it illegal to do any work without obtaining permission. If you are considering having a tree removed, it’s essential to understand the protection status of the tree being considered and the steps you have to follow to be in compliance with the legal requirements. This article we’ll guide you through the process of discovering whether trees are safe and exactly what steps you have to do to ensure that you are acting within the law.
What is a protected tree?
A protected tree is one that can be subject to specific laws and regulations It is illegal to do work on a protected tree without obtaining the necessary permissions. There are two kinds of protection a tree could be protected by - statutory protection and preservation orders.
Statutory protection
In the context of legal protection, trees are protected by laws and subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees with a significant public value and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are put in place by the Secretary of State for the Environment. Trees with preservation orders are considered to have an exceptional worth and are therefore protected from any work, including cutting down.
How can I tell when a tree is in danger?
To determine whether trees are protected, you need to determine if the tree is in the process of being subject to a TPO or preservation order. This can be done by contacting the authorities in your area and asking them check their records.
TPO search
To search for a TPO, you can contact an Tree and Woodland Officer at the local authority. They can inform you whether the tree is in the protection. They will also be able to guide you about the next steps to take if the tree is in a protected area.
Preservation order search
If you are looking for a preservation order you must contact the Secretary of State for the Environment. They will determine whether the tree is protected and will provide the required information and guidelines.
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 the proper authorizations, you could be subject to significant fines, and possibly even jail time.
Can I contest an TPO or preservation order?
Yes, you are able to appeal a TPO or preservation or TPO if that it is not justified. You will have be able to present evidence to back your case and show why you believe that the TPO or the preservation decision isn’t necessary.
Can I remove a protected tree?
It is unlawful to take down trees that are protected without the required permissions. If you need the tree to be removed then you must request permission and submit proof to back your claim.
Conclusion
To conclude, knowing if a tree is protected is a vital step in ensuring that tree work is carried out legally. Understanding the different kinds of protection, and knowing how to check for them, you can ensure that you’re following the law and are protecting the trees that you are responsible for. If you’re not sure about the status of protection for the tree you are in charge of, we suggest consulting an expert in tree care such as Sydney Tree Removers. Our experienced arborists will be able to advise you about the protection status of your trees, and will guide you through the required steps to ensure that you are following the law. With our knowledge and dedication to providing high-quality tree services, we can help you maintain the beauty and value of your trees. Call us now at 1300 945 434 to schedule a consultation, and let us help you keep your trees safe and healthy.