How do you determine the extent of protection a tree has Before Removing It
Trees play a crucial role in our environment by providing shade, fresh air and aesthetic value to our surroundings. However they are not all identical and some are granted additional protection status, making it illegal to carry out any work without obtaining permission. If you’re considering having a tree removed it is essential to know the status of protection for the tree being considered and the steps you need to take to ensure compliance with the legal requirements. This article we will guide you through the process of discovering whether a tree is secured and the steps you will need be doing to make sure that you comply with the law.
What exactly is a tree that is protected?
A protected tree is one that is subject to specific legal restrictions, and it’s illegal to carry out works on a tree without having the appropriate permissions. There are two types of protection that a tree may have - statutory protection and preservation orders.
Statutory protection
In the context of legal protection trees are protected under law and are under the control of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities in order to protect trees with a 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 by the Secretary of State for the Environment. The trees that are protected by preservation orders are considered to be of exceptional value and are protected from all work, which includes the felling.
How do I know if a tree is protected?
To determine if the tree is protected, you must to verify if it’s in the process of being subject to an TPO or preservation or protection order. It is done by contacting your local authority and asking them to look up their records.
TPO search
If you want to find a TPO You can reach the Tree and Woodland officer at the local authority. They will be able to tell you if the tree is protected. They’ll also be able to advise you about the next steps to take if the tree is in a protected area.
Preservation order search
In order to search for a preservation order, you must contact secretary of state for Environment. They can determine whether the tree is protected and give you the information you require and direction.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you do work on a tree that is protected without the appropriate authorizations, you could be subject to substantial fines and even imprisonment.
Can I appeal a TPO or preservation order?
Yes, you are able to appeal to a TPO or preservation order if you believe that it is not justified. However, you will need be able to present evidence to back your claim and explain your argument as to why the TPO or the preservation decision isn’t necessary.
Can I take down a protected tree?
It is unlawful to take down trees that are protected without the necessary permissions. If you require removal of the tree, you will need to request permission and submit evidence to support your case.
Conclusion
In the end, determining if the tree is protected is a vital aspect in ensuring that tree work is carried out legally. If you know the various types of protection and how to check for them, you can ensure that you’re in compliance with the law and protecting the trees in your care. If you’re unsure of the protection status of the tree you are in charge of, we suggest consulting an experienced tree expert, such as Eastern Suburbs Tree Removal. Our experienced arborists will be able to advise you regarding the status of protection of your trees and guide you through the steps to ensure that you are acting within the legal guidelines. With our expertise and commitment to providing high-quality tree services we will help you preserve the beauty and worth for your tree. Contact us now by phone at 1300 636 143 to schedule a consultation and let us help you ensure that your trees are protected and healthy.