How to Determine if a Tree is Protected before removing it
Trees play a crucial part in the environment by providing shade, fresh air and aesthetic value our surroundings. However they are not all equal and some carry an additional status of protection, making it illegal to carry out any work without obtaining permission. If you’re considering having a tree removed, it’s essential to understand the protection status of the tree being considered and what steps you’ll need to follow to be in compliance with the laws. The following article we will walk you through the steps to determine if a tree is secured and the steps you need be doing to make sure you are following the law.
What exactly is a tree that is protected?
A protected tree is subject to specific legal controls and it is unlawful to do work on a protected tree without having the appropriate permissions. There are two types of protection a tree might have: preservation orders and protection orders.
Protection under the law
As a matter of the law trees are protected under law and are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect trees of significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are put in place through the secretary of state for the Environment. The trees that are protected by preservation orders are considered to be of exceptional worth and are therefore protected from all work, which includes cutting down.
What can I do to determine whether a tree is safe?
To determine whether a tree is protected, you need to verify if it’s subject to a TPO or preservation order. This can be done by contacting the local authority and asking them to search their records.
TPO search
To search for an TPO You can reach your local Tree or Woodland Official of your local authority, who will inform you whether the tree is in the protection. They’ll also be able advise you about the next steps to take if the tree is protected.
Preservation order search
To search for a preservation order, you must contact Secretary of State, Department of the Environment. They will be able to tell you if the tree is protected and provide you with the information you require and direction.
FAQs:
What happens if I conduct work on a tree that is protected without permission?
If you work on a tree that is protected without obtaining the necessary permits, you could be facing significant fines, and possibly even jail time.
Can I contest an TPO and/or preservation order?
Yes, you are able to appeal to a TPO or preservation or TPO if you believe it’s not justifiable. But, you’ll need to prove your case and show your argument as to why it is not necessary to appeal the TPO or order to preserve is not necessary.
Can I take down a protected tree?
It is against the law to remove a protected tree without obtaining the required permissions. If you want the tree to be removed then you must request permission and submit proof to back your claim.
Conclusion
To conclude, knowing if a tree is protected is a vital step in ensuring that tree work is legally completed. Understanding the different kinds of protection and the best way to identify them, you can ensure that you are acting within the law and safeguarding the trees in your care. If you are unsure about the nature of the protection of trees, we suggest consulting an experienced tree expert such as Campbelltown Tree Removal. Our experienced arborists will be able to advise you regarding the status of protection of your trees and walk you through the necessary steps to ensure you are following the law. With our experience and dedication to provide high-quality tree services We can assist you to keep the beauty and value of your trees. Contact us today at 1300 636 143 to schedule a appointment, and let us assist you to ensure that your trees are protected and healthy.