Avoiding the Tree Removal Mistakes that can be made: How to Know if a Tree is Protected
Trees play an important part in the environment, providing shade, clean 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 activity without authorization. If you’re thinking of having a tree removed, it’s essential to understand the protection status of the tree you’re considering, and the steps you have to take to comply with the laws. In this article, we will help you understand the process of discovering whether a tree is protected and what you will need be doing to make sure you comply with the law.
What exactly is a tree that is protected?
A protected tree can be subject to specific legal restrictions, and it’s illegal to work on a protected tree without having the appropriate permissions. There are two kinds of protection that trees could be protected by - statutory protection and preservation orders.
Protection under the law
As a matter of the law trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are issued by local authorities to protect trees of significant value to the public and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are issued by the Secretary of State for the Environment. Preservation orders for trees are considered to be of exceptional value and are shielded from all work, which includes the felling.
How can I tell when a tree is in danger?
To determine if the tree is protected, you will need to check if it is under an TPO or preservation order. This can be done by contacting your authorities in your area and asking them check their archives.
TPO search
To search for an TPO, you can contact the Tree and Woodland officer at your local authority. They will inform you if the tree is protected. They will also be able to guide you on the next steps to take if the tree is in a protected area.
Preservation order search
If you are looking for a preservation permit, you will need to contact the Secretary of State for the Environment. They will tell you if the tree is protected and will provide the necessary information and guidance.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you carry out work on a protected tree without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.
Can I contest a TPO and/or preservation order?
Yes, you can appeal a TPO or preservation decision if you believe that it is not justified. However, you will need be able to present evidence to back your claim and explain why you believe that the TPO or order to preserve is not necessary.
Can I take down a protected tree?
It is against the law to remove protected trees without permission from the appropriate authorities. If you require removal of the tree, you will need to seek permission from the council and provide evidence to support your case.
Conclusion
In the end, determining if a tree is protected is a vital step to ensure that any tree work legally completed. By understanding the different types of protection and how to identify them to ensure you are acting within the law and safeguarding the trees you care for. If you’re unsure of the protection status of a tree, we recommend seeking professional advice from a reputable tree specialist such as Hawkesbury Tree Services. Our experienced arborists will be able to inform you about the protection status of your trees and guide you through the steps to ensure that you are acting within the laws. With our knowledge and dedication to providing high-quality tree services We can assist you to maintain the beauty and value of your trees. Contact us today by phone at 0480 024 203 to schedule a consultation and let us guide you on how to ensure that your trees are protected and healthy.