How do I determine the extent of protection a tree has before removing it
Trees play an important contribution to our ecosystem by providing shade, fresh air, and aesthetic value to our surroundings. However, not all trees are alike and some have extra protection status, which makes it illegal to perform any work without obtaining permission. If you are considering having a tree removed it is crucial to be aware of the protection status of the tree you’re considering and the steps you need to take to comply with the laws. The following article we’ll guide you through the steps to determine if a tree is protected and what you have take to be sure that you comply with the law.
What is a protected tree?
A protected tree has been subjected to certain legal controls and it is unlawful to work on such a tree without obtaining the necessary permissions. There are two kinds of protection that trees could be protected by - preservation orders and protection orders.
Legal protection
In the context of statutory protection trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities in order to protect trees of significant value to the public and to ensure that they are not damaged or destroyed.
Preservation orders
Preservation orders are similar to TPOs but are put in place by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to have an exceptional value and are protected from all work, which includes felling.
What can I do to determine whether a tree is safe?
To determine whether a tree is protected, you must to determine if the tree is subject to the protection of a TPO or preservation or protection order. This can be done by contacting your local authority and asking them to look up their records.
TPO search
If you want to find the TPO to locate one, contact the Tree and Woodland officer at your local authority, who will inform you whether the tree is protected. They will also be able advise you on the next steps to take if the tree is in a protected area.
Preservation order search
To search for a preservation permit, you must contact the Secretary of State for the Environment. They will tell you whether the tree is in the protected zone and give you the information you require and direction.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you work on a tree that is protected without the appropriate authorizations, you could be subject to massive fines or even prison.
Can I contest an TPO and/or preservation order?
You can appeal to a TPO or preservation order if it’s not justifiable. But, you’ll need be able to present evidence to back your claim and explain that the TPO or order to preserve is not necessary.
Can I remove a protected tree?
It is illegal to remove trees that are protected without permission from the appropriate authorities. If you need removal of the tree, you will need to apply for permission and provide the evidence needed to prove your case.
Conclusion
In the end, determining if the tree is protected is a vital step to ensure that any tree work legally completed. Understanding the different kinds of protection, and knowing how to check for them to ensure you are acting within the law and are protecting the trees that you are responsible for. If you are unsure about the nature of the protection of a tree, we recommend seeking advice from an expert in tree care like The Hills Aborist. Our team of experienced arborists will be able to inform you about the protection status of your trees and walk you through the steps to ensure that you are complying with the laws. With our knowledge and dedication to provide high-quality tree services, we can help you keep the beauty and worth that your trees have. Call us now at 0480 024 267 to schedule a appointment, and let us guide you on how to keep your trees protected and healthy.
