The Protection of Trees: A Step-by-Step Guide to Understanding Protected Status
Trees play an essential part in the environment as they provide shade, clean air and aesthetic value our surroundings. However there are a few trees that aren’t equal and some carry an additional status of protection, making it illegal to perform any work without obtaining permission. If you’re considering having a tree removed it is crucial to be aware of the status of protection for the tree you’re considering and what steps you’ll need to take to ensure compliance with the law. In this article, we will guide you through the process of discovering whether trees are protected and what you need to do to ensure you are acting within the law.
What exactly is a tree that is protected?
A protected tree can be subject to specific legal controls It is illegal to carry out works on a 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 legal protection, trees are protected by the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees of significant value to the public and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are set up by the Secretary of State for the Environment. Preservation orders for trees are considered to have exceptional value and are shielded from all work, which includes the felling.
What can I do to determine if a tree is protected?
To determine if the tree is protected, you must to determine if the tree is in the process of being subject to an TPO or preservation orders. This can be done by contacting your municipal authority, and asking them to search for records.
TPO search
If you want to find the TPO, you can contact the Tree or Woodland Official of your local authority, who can inform you whether the tree is protected. They’ll also be able to guide you on the next steps you should do if your tree is protected.
Preservation order search
If you are looking for a preservation order you will need to contact the Secretary of State for the Environment. They can inform you whether the tree is protected and will provide the necessary information and guidance.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you do 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 contest an TPO and/or preservation order?
Yes, you are able to appeal a TPO or preservation order if it is unjustified. You will have be able to present evidence to back your case and show why the TPO or the preservation decision isn’t needed.
Can I remove a protected tree?
It is unlawful to take down trees that are protected without the required permissions. If you require removal of the tree then you must apply for permission and provide proof to back your claim.
Conclusion
In conclusion, discovering whether a tree is protected is a vital step to ensure that any tree work carried out legally. Understanding the different kinds of protection, and knowing how to identify them to ensure you’re in compliance with the law and are protecting the trees you care for. If you’re unsure of the protection status of the tree you are in charge of, we suggest seeking advice from an expert in tree care, such as Hawkesbury Tree Services. Our team of experienced arborists will be able to advise you about the protection status of your trees and guide you through the necessary steps to make sure you’re complying with the law. With our expertise and commitment to providing high-quality tree services We can assist you to keep the beauty and value that your trees have. Call us now by phone at 0480 024 203 to schedule a appointment, and let us help you keep your trees protected and healthy.