What Makes a Tree Protected and How to Find Out
Trees play a crucial part in the environment, providing shade, clean air and aesthetic value to our surroundings. However, not all trees are identical and some are granted an additional status of protection, making it illegal to do any activity without authorization. If you’re thinking of having a tree removed it is crucial to be aware of the protection status of the tree being considered, and the steps you have to take to ensure compliance with the legal requirements. In this article, we will guide you through the process of determining whether a tree is safe and exactly what steps you will 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 has been subjected to certain legal restrictions It is illegal to carry out works on a tree without obtaining the necessary permissions. There are two types of protection a tree may have - statutory protection and preservation orders.
Legal protection
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 to safeguard trees of significant public value and to ensure that they do not get destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are set up from the Secretary of State responsible for Environment. Trees with preservation orders are considered to be of exceptional value and are protected from all work, which includes the felling.
How can I tell if a tree is protected?
To determine if the tree is protected, you need to check if it is under an TPO or preservation or protection order. This can be accomplished by contacting your local authority and asking them to look up for records.
TPO search
If you want to find a TPO, you can contact your local Tree and Woodland officer from your local authority. They will inform you if the tree is protected. They will also be able advise you on the next steps to do if your tree is protected.
Preservation order search
To search for a preservation order, you’ll need to call the Secretary of State for the Environment. They can tell you whether the tree is in the protected zone and provide you with the required information and guidelines.
FAQs:
What is the consequence if I do work on a tree that is protected without permission?
If you do work on a tree that is protected without obtaining the necessary authorizations, you could be subject to significant fines, and possibly even jail time.
Can I appeal to a TPO or preservation order?
Yes, you are able to appeal a TPO or preservation decision if you believe it’s not justifiable. However, you will need to prove your argument and demonstrate your argument as to why the TPO or order to preserve isn’t needed.
Can I cut down a tree that is protected tree?
It is unlawful to take down protected trees without permission from the appropriate authorities. If you require the tree to be removed then you must apply for permission and provide the evidence needed to prove your case.
Conclusion
In the end, determining if a tree is protected is a crucial step 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’re in compliance with the law and protecting the trees that you are responsible for. If you’re unsure of the nature of the protection of the tree you are in charge of, we suggest consulting a reputable tree specialist, such as The Hills Tree Services. Our experienced arborists will be able to inform you on the protection status of your trees, and will guide you through the steps to ensure that you are acting within the legal guidelines. With our knowledge and dedication to providing top-quality tree care, we can help you preserve the beauty and worth that your trees have. Contact us now by phone at 0480 024 203 to schedule a appointment, and let us guide you on how to keep your trees safe and healthy.
