Avoiding Tree Removal Errors: How to Know if a Tree is Protected
Trees play a crucial part in the environment by providing shade, fresh air and aesthetic value our surroundings. However there are a few trees that aren’t alike and some have an additional status of protection, making it illegal to do any work without obtaining permission. If you’re considering having a tree removed it is essential to know the protection status of the tree being considered and what steps you’ll need to take to comply with the law. In this article, we’ll guide you through the process of determining whether trees are protected and what you will need take to be sure 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 is unlawful to work on a protected tree without having the appropriate permissions. There are two kinds of protection a tree could be protected by - preservation orders and protection orders.
Statutory protection
In the context of the law, trees are protected by laws and in the hands of Tree Preservation Orders (TPOs). TPOs are put in place by local authorities to safeguard trees with a significant public value and ensure they are not damaged or destroyed.
Preservation orders
Preservation orders are like TPOs in that they are issued from the Secretary of State responsible for Environment. Preservation orders for trees are considered to be of exceptional worth and are therefore protected from any work, including the felling.
How do I know whether a tree is safe?
To determine whether a tree is protected, you need to determine if the tree is subject to the protection of a TPO or preservation order. This can be done by contacting the municipal authority, and asking them to check their archives.
TPO search
If you want to find an TPO, you can contact the Tree and Woodland officer at your local authority, who will be able to tell you if the tree is protected. They’ll also be able to advise you about the next steps to do if your tree is in a protected area.
Preservation order search
To search for a preservation order, you’ll need to call Secretary of State, Department of the Environment. They will inform you whether the tree is protected and provide you with the information you require and direction.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you work on a protected tree without obtaining the necessary permissions, you could face significant fines, and possibly even jail time.
Can I contest to a TPO Or preservation or TPO?
Yes, you are able to appeal an appeal of a TPO or preservation or TPO if you believe it’s not justifiable. However, you will need to provide evidence to support your argument and demonstrate that it is not necessary to appeal the TPO or preservation order isn’t needed.
Can I remove a protected tree?
It is against the law to remove trees that are protected without the required permissions. If you want removal of the tree then you must seek permission from the council and provide evidence to support your case.
Conclusion
In the end, determining if trees are protected is a crucial aspect in ensuring that any tree work legally completed. If you know the various types of protection, and knowing how to identify them, you can ensure that you’re following the law and protecting the trees in your care. If you’re not sure about the status of protection for trees, we suggest seeking professional advice from a reputable tree specialist like Sutherland Tree Removal. Our team of experienced arborists can advise you about the protection status of your trees and guide you through the steps to ensure you are following the law. With our knowledge and dedication to providing top-quality tree care, we can help you preserve the beauty and value for your tree. Contact us now by calling 1300 636 143 to schedule a appointment, and let us help you keep your trees protected and healthy.