What Makes a Tree Protected and How Do I Find Out
Trees play a crucial part in the environment by providing shade, fresh air, and aesthetic value to our surroundings. However there are a few trees that aren’t equal and some carry extra protection status, which makes it illegal to do any activity without authorization. If you are considering having a tree removed it is essential to know the status of protection for the tree in question, and what steps you’ll need to follow to be in compliance with the laws. This article we will guide you through the process of discovering whether the tree is protected and what you will need to do to ensure that you are acting within the law.
What exactly is a tree that is protected?
A protected tree is one that can be subject to specific legal controls It is illegal to do works on a tree without having the appropriate permissions. There are two types of protection that trees may have - preservation and protection orders that are statutory.
Legal protection
As a matter of legal protection, trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order 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 like TPOs in that they are put in place by the Secretary of State for the Environment. Trees with preservation orders are considered to have exceptional value and are shielded from all work, which includes the felling.
How do I know if a tree is protected?
To determine whether a tree is protected, you need to verify if it’s in the process of being subject to an TPO or preservation orders. It is done by contacting the local authority and asking them to check their archives.
TPO search
To search for the TPO, you can contact the Tree or Woodland Official from your local authority. They will be able to tell you whether the tree is in the protection. They will also be able to guide you on the next steps you should do if your tree is protected.
Preservation order search
To search for a preservation permit, you’ll need to call Secretary of State, Department of the Environment. They can determine whether the tree is protected and provide you with the necessary information and guidance.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you do work on a tree that is protected without obtaining the necessary permits, you could be facing substantial fines and even imprisonment.
Can I contest an TPO or preservation order?
Yes, you can appeal a TPO or preservation decision if that it is not justified. You will have to provide evidence to support your claim and explain that the TPO or preservation order isn’t necessary.
Can I take down a protected tree?
It is unlawful to take down a protected tree without obtaining permission from the appropriate authorities. If you want removal of the tree it is necessary to request permission and submit the evidence needed to prove your case.
Conclusion
To conclude, knowing if trees are protected is a crucial aspect in ensuring that tree work is legally completed. Understanding the different kinds of protection and the best way to check for them it is possible to be sure that you’re following the law and safeguarding the trees that you are responsible for. If you’re not sure about the nature of the protection of a tree, we recommend consulting an experienced tree expert like Sydney Wide Tree Services. Our team of experienced arborists will be able to inform you regarding the status of protection of your trees and walk you through the necessary steps to ensure you are complying with the law. With our experience and dedication to providing high-quality tree services, we can help you preserve the beauty and value of your trees. Contact us today by calling 1300 926 820 to schedule a appointment, and let us assist you to keep your trees safe and healthy.