The Importance of Proper Tree Identification: How to Know whether a Tree is protected
Trees play a crucial part in the environment by providing shade, fresh air, and aesthetic value to our surroundings. However they are not all alike and some have additional protection status, making it illegal to do any work without permission. If you’re thinking of having a tree removed, it’s essential to understand the protection status of the tree you’re considering and the steps you need to take to ensure compliance with the law. In this article, we’ll walk you through the process of determining whether a tree is safe and exactly what steps you need to do to ensure that you are following the law.
What exactly is a tree that is protected?
A protected tree is one that is subject to specific laws and regulations, and it’s illegal to do work on a protected tree without obtaining the necessary permissions. There are two kinds of protection that trees may have - statutory protection and preservation orders.
Legal protection
In the context of the law trees are protected under law and are under the control of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees of significant value to the public and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are like TPOs in that they are issued through the secretary of state for the 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 if a tree is protected?
To determine if trees are protected, you will need to check if it is subject to the protection of a TPO or preservation order. It is done by contacting your municipal authority, and asking them to look up for records.
TPO search
If you want to find an TPO, you can contact an Tree and Woodland Officer of your local authority, who will inform you whether the tree is protected. They will also be able advise you about the next steps to follow if the tree is in a protected area.
Preservation order search
To search for a preservation permit, you’ll need to call Secretary of State, Department of the Environment. They can inform you if the tree is protected and will provide the required information and guidelines.
FAQs:
What happens if I carry out work on a protected tree without permission?
If you work on a protected tree without the appropriate permissions, you could face substantial fines and even imprisonment.
Can I appeal a TPO and/or preservation order?
Yes, you can appeal to a TPO or preservation order if you feel that it is not justified. You will have to prove your argument and demonstrate that it is not necessary to appeal the TPO or the preservation decision isn’t necessary.
Can I take down a protected tree?
It is against the law to remove protected trees without permission from the appropriate authorities. If you require the tree to be removed it is necessary to apply for permission and provide the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether trees are protected is a crucial aspect in ensuring that tree work is legally completed. Understanding the different kinds of protection and how to check for them to ensure you’re following the law and protecting the trees in your care. If you’re unsure of the status of protection for trees, we suggest seeking advice from an expert in tree care like Sutherland Tree Removal. Our team of experienced arborists will be able to advise you regarding the status of protection of your trees and guide you through the required steps to make sure you’re acting within the legal guidelines. With our expertise and commitment to providing top-quality tree care, we can help you preserve the beauty and worth that your trees have. Contact us now by calling 1300 636 143 to schedule a consultation and let us assist you to keep your trees protected and healthy.
