How to Determine whether a Tree is protected Prior to removing it
Trees play an essential part in the environment, providing shade, clean air and aesthetic value to our surroundings. However they are not all equal and some carry additional protection status, making it illegal to do any work without permission. If you are considering having a tree removed, it’s essential to understand the status of protection for the tree being considered and the steps you have to follow to be in compliance with the law. The following article we will walk you through the process of determining whether the tree is protected and what you have take to be sure that you comply with the law.
What exactly is a tree that is protected?
A protected tree is subject to specific legal controls, and it’s illegal to work on a protected tree without obtaining the necessary permissions. There are two types of protection that trees might have: preservation and protection orders that are statutory.
Legal protection
Under legal protection trees are protected by the law, and they are subject to Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard 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 issued from the Secretary of State responsible for Environment. Trees with preservation orders are considered to have an exceptional value and are shielded from any kind of work, including the felling.
What can I do to determine when a tree is in danger?
To determine if a tree is protected, you need to determine if the tree is under a TPO or preservation orders. It is done by contacting your authorities in your area and asking them check their records.
TPO search
To find an TPO You can reach the Tree or Woodland Official from your local authority. They will inform you whether the tree is protected. They will also be able to advise you on the next steps you should take if the tree is protected.
Preservation order search
To search for a preservation order, you’ll need to call Secretary of State, Department of the Environment. They will determine whether the tree is in the protected zone and will provide the information you require and direction.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you do work on a protected tree without the proper permissions, you could face massive fines or even prison.
Can I appeal to a TPO or preservation order?
You can appeal an appeal of a TPO or preservation or TPO if you feel it’s not justifiable. However, you will need to prove your case and show that you believe that the TPO or order to preserve isn’t necessary.
Can I remove a protected tree?
It is unlawful to take down protected trees without permission from the appropriate authorities. If you require the tree to be removed it is necessary to seek permission from the council and provide proof to back your claim.
Conclusion
In the end, determining if the tree is protected is a crucial step to ensure that any tree work is carried out legally. Understanding the different kinds of protection and how to determine if they are protected to ensure you are acting within the law and safeguarding the trees in your care. If you are unsure about the status of protection for trees, we suggest consulting a reputable tree specialist such as Penrith Tree Trimming. Our experienced arborists will be able to advise you on the protection status of your trees and walk you through the necessary steps to make sure you’re following the laws. With our knowledge and dedication to providing high-quality tree services, we can help you preserve the beauty and value of your trees. Call us now by calling 0480 024 203 to schedule a consultation, and let us guide you on how to ensure that your trees are protected and healthy.