The Consequences of Removing a Protected Tree and How to Avoid them
Trees play an important role in our environment, providing shade, clean air and aesthetic value our surroundings. However, not all trees are identical and some are granted extra protection status, which makes it illegal to perform any work without 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 need to take to comply with the laws. This article we’ll walk you through the process of discovering whether trees are secured and the steps you have to do to ensure you are following the law.
What is a protected tree?
A protected tree can be subject to specific legal restrictions and it is unlawful to works on a tree without having the appropriate permissions. There are two types of protection a tree could be protected by - preservation and protection orders that are statutory.
Protection under the law
As a matter of statutory protection trees are protected by laws and under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant value to the public and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are set up by the Secretary of State for the Environment. Preservation orders for trees are considered to be of exceptional worth and are therefore protected from all work, which includes the felling.
How can I tell when a tree is in danger?
To determine whether a tree is protected, you will need to verify if it’s subject to a TPO or preservation or protection order. It is done by contacting the local authority and asking them to check for records.
TPO search
To search for a TPO You can reach your local Tree and Woodland officer of your local authority. They will inform you whether the tree is in the protection. They will also be able advise you on the next steps you should take if the tree is in a protected area.
Preservation order search
To search for a preservation permit, you must contact Secretary of State, Department of the Environment. They will be able to inform you if the tree is protected and will provide the required information and guidelines.
FAQs:
What happens if I carry out work on a tree that is protected without permission?
If you work on a protected tree without the proper authorizations, you could be subject to massive fines or even prison.
Can I contest an TPO and/or preservation order?
Yes, you can appeal a TPO or preservation decision if you feel it is unjustified. But, you’ll need to prove your argument and demonstrate that it is not necessary to appeal the TPO or order to preserve isn’t needed.
Can I cut down a tree that is protected tree?
It is against the law to remove trees that are protected without the required permissions. If you require the tree to be removed, you will need to apply for permission and provide the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether the tree is protected is a crucial step in ensuring that any tree work is carried out legally. If you know the various types of protection and how to check for them to ensure you’re in compliance with the law and protecting the trees you care for. If you are unsure about the protection status of a tree, we recommend seeking advice from a reputable tree specialist like The Hills Aborist. Our team of experienced arborists will be able to inform you regarding the status of protection of your trees and walk you through the required steps to make sure you’re complying with the legal guidelines. With our expertise and commitment to providing top-quality tree care we will help you preserve the beauty and value of your trees. Call us now at 0480 024 267 to schedule a consultation, and let us help you keep your trees protected and healthy.