A Beginning's Guide to Understanding Protected Trees
Trees play an essential role in our environment, providing shade, clean air and aesthetic value to our surroundings. However, not all trees are identical and some are granted extra protection status, which makes it illegal to carry out any activity without authorization. If you’re considering having a tree removed it is essential to know the protection status of the tree you’re considering and what steps you’ll need to take to ensure compliance with the law. This article we will help you understand the steps to determine if the tree is protected and what you need to do to ensure you comply with the law.
What exactly is a tree that is protected?
A protected tree is subject to specific laws and regulations and it is unlawful to do work on such a tree without having the appropriate permissions. There are two types of protection that trees could be protected by - preservation and protection orders that are statutory.
Legal protection
In the context of statutory protection trees are protected by law and are subject to Tree Preservation Orders (TPOs). TPOs are enacted by local authorities to safeguard trees with a significant public value and to ensure that they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs , but are set up 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 felling.
How do I know whether a tree is safe?
To determine if the tree is protected, you will need to check if it is in the process of being subject to an TPO or preservation order. This can be done by contacting your municipal authority, and asking them to check their archives.
TPO search
To find an TPO to locate one, contact your local Tree and Woodland officer from your local authority, who will inform you whether the tree is in the protection. They’ll also be able advise you on the next steps to follow if the tree is protected.
Preservation order search
If you are looking for a preservation order you must contact the Secretary of State for the Environment. They can tell you if the tree is protected and provide you with the necessary information and guidance.
FAQs:
What happens if I conduct work on a protected tree without permission?
If you do work on a tree that is protected without the appropriate permissions, you could face substantial fines and even imprisonment.
Can I contest to a TPO Or preservation or TPO?
Yes, you can appeal a TPO or preservation or TPO if you feel it’s not justifiable. You will have to provide evidence to support your claim and explain that it is not necessary to appeal the TPO or the preservation decision is not necessary.
Can I cut down a tree that is protected tree?
It is unlawful to take down protected trees without the necessary permissions. If you want removal of the tree then you must request permission and submit the evidence needed to prove your case.
Conclusion
To conclude, knowing if trees are protected is a vital aspect in ensuring that any tree work is legally completed. Understanding the different kinds of protection, and knowing how to identify them it is possible to be sure that you’re following the law and are protecting the trees you care for. If you’re not sure about the nature of the protection of a tree, we recommend consulting a reputable tree specialist, such as Parramatta Tree Removal. Our experienced arborists will be able to advise you on the protection status of your trees, and will guide you through the required steps to ensure you are acting within the laws. 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 at 1300 636 143 to schedule a consultation and let us guide you on how to keep your trees safe and healthy.