Avoiding Tree Removal Errors How to Determine whether a Tree is protected
Trees play an important contribution to our ecosystem by providing shade, fresh air and aesthetic value to our surroundings. However they are not all alike and some have an additional status of protection, making it illegal to perform any work without permission. If you’re thinking of having a tree removed it is crucial to be aware of the status of protection for the tree in question and the steps you have to take to ensure compliance with the laws. In this article, we will help you understand the process of discovering whether the tree is secured and the steps you have take to be sure that you comply with the law.
What is a protected tree?
A protected tree is one that is subject to specific legal controls and it is unlawful to do work on such a tree without obtaining the necessary permissions. There are two types of protection that a tree may have - preservation orders and protection orders.
Legal protection
Under 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 similar to TPOs , but are issued 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 shielded from any kind of work, including cutting down.
How can I tell if a tree is protected?
To determine if the tree is protected, you need to verify if it’s in the process of being subject to an TPO or preservation or protection order. This can be accomplished by contacting your authorities in your area and asking them search for records.
TPO search
To find a TPO to locate one, contact the Tree and Woodland Officer from your local authority, who will inform you if the tree is protected. They’ll also be able advise you on the next steps to do if your tree is protected.
Preservation order search
In order to search for a preservation order you will need to contact secretary of state for Environment. They will determine whether the tree is protected and will provide the required information and guidelines.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you carry out work on a tree that is protected without the appropriate authorizations, you could be subject to significant fines, and possibly even jail time.
Can I appeal a TPO or preservation order?
Yes, you are able to appeal to a TPO or preservation order if you believe it is unjustified. But, you’ll need to provide evidence to support your argument and demonstrate why 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 a protected tree without obtaining the required permissions. If you need the tree to be removed, you will need to apply for permission and provide the evidence needed to prove your case.
Conclusion
To conclude, knowing if the tree is protected is a vital aspect in ensuring that any tree work is carried out legally. If you know the various types of protection, and knowing how to determine if they are protected to ensure you are acting within the law and are protecting the trees in your care. If you’re unsure of the status of protection for a tree, we recommend seeking professional advice from a reputable tree specialist, such as Campbelltown Tree Removal. Our arborists are experienced and will be able to inform you about the protection status of your trees and guide you through the steps to make sure you’re following the laws. With our experience and dedication to providing high-quality tree services we will help you keep the beauty and worth for your tree. Call us now at 1300 636 143 to schedule a consultation, and let us guide you on how to keep your trees safe and healthy.