How do I determine whether a Tree is protected before removing it
Trees play an essential contribution to our ecosystem, providing shade, clean air and aesthetic value to our surroundings. However there are a few trees that aren’t identical and some are granted an additional status of protection, making it illegal to carry out any activity without authorization. If you’re thinking of having a tree removed it is crucial to be aware of the status of protection for the tree in question and what steps you’ll need to take to ensure compliance with the legal requirements. This article we will guide you through the steps to determine if the tree is protected and what you will need take to be sure that you are acting within the law.
What is a protected tree?
A protected tree is subject to specific legal controls, and it’s illegal to carry out works on a tree without the required permissions. There are two types of protection that a tree could be protected by - statutory protection and preservation orders.
Legal protection
As a matter of legal protection trees are protected by law and are under the control of Tree Preservation Orders (TPOs). TPOs are enacted by local authorities in order to protect 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 by the Secretary of State for the Environment. Trees with preservation orders are considered to be of exceptional value and are protected from any work, including cutting down.
How can I tell if a tree is protected?
To determine whether the tree is protected, you will need to determine if the tree is under the protection of a TPO or preservation or protection order. This can be done by contacting the municipal authority, and asking them to search their archives.
TPO search
If you want to find a TPO, you can contact your local Tree and Woodland Officer of your local authority. They will inform you whether the tree is in the protection. They will 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 must contact secretary of state for Environment. They will determine whether the tree is protected and give you the necessary information and guidance.
FAQs:
What is the consequence if I do work on a protected tree without permission?
If you work on a tree that is protected without the appropriate permissions, you could face massive fines or even prison.
Can I contest a TPO Or preservation or TPO?
Yes, you can appeal an appeal of a TPO or preservation or TPO if it’s not justifiable. However, you will need to prove your claim and explain why you believe that the TPO or preservation order isn’t needed.
Can I take down a protected tree?
It is unlawful to take down a protected tree without obtaining the necessary permissions. If you want the tree to be removed it is necessary to request permission and submit the evidence needed to prove your case.
Conclusion
In conclusion, discovering whether trees are protected is a vital step in ensuring that any tree work legally completed. If you know the various types of protection and the best way to check for them to ensure you are acting within the law and safeguarding the trees that you are responsible for. If you’re not sure about the nature of the protection of a tree, we recommend seeking advice from a reputable tree specialist, such as North Shore Tree Removal. Our experienced arborists can advise you on the protection status of your trees, and will guide you through the necessary steps to ensure you are complying with the laws. With our experience and dedication to provide high-quality tree services we will help you keep the beauty and value for your tree. Call us now at 1300 636 143 to schedule a consultation, and let us guide you on how to keep your trees protected and healthy.