The Consequences of Removing the Tree that is Protected and How to Avoid them
Trees play a crucial contribution to our ecosystem as they provide shade, clean air and aesthetic value to our surroundings. However they are not all alike and some have extra protection status, which makes it illegal to carry out any work without permission. If you are 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 legal requirements. The following article we will help you understand the process of determining whether a tree is protected and what you need be doing to make sure that you are following the law.
What exactly is a tree that is protected?
A protected tree has been subjected to certain legal controls and it is unlawful to{ carry out|| do} work on a protected tree without the required permissions. There are two kinds of protection that trees could be protected by - preservation and protection orders that are statutory.
Statutory protection
In the context of statutory protection trees are protected under laws and in the hands of Tree Preservation Orders (TPOs). TPOs are issued by local authorities to safeguard trees of significant value to the public and ensure they are not destroyed or damaged.
Preservation orders
Preservation orders are similar to TPOs but are put in place through the secretary of state for the Environment. Trees with preservation orders are considered to be of exceptional value and are shielded from all work, which includes the felling.
How do I know if a tree is protected?
To determine if the tree is protected, you need to determine if the tree is in the process of being subject to the protection of a TPO or preservation or protection order. It is done by contacting the local authority and asking them to check their records.
TPO search
To search for an TPO, you can contact your local Tree or Woodland Official at the local authority. They will be able to tell you if the tree is protected. They will also be able to guide you on the next steps you should follow if the tree is in a protected area.
Preservation order search
In order to search for a preservation order, you’ll need to call Secretary of State, Department of the Environment. They will determine whether the tree is in the protected zone 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{ carry out|| do} work on a protected tree without the proper permits, you could be facing substantial fines and even imprisonment.
Can I contest an TPO and/or preservation order?
Yes, you are able to appeal a TPO or preservation order if you feel it is unjustified. However, you will need to provide evidence to support your argument and demonstrate why the TPO or preservation order isn’t needed.
Can I remove a protected tree?
It is unlawful to take down protected trees without the required permissions. If you require the tree to be removed it is necessary to seek permission from the council and provide evidence to support your case.
Conclusion
In conclusion, discovering whether trees are protected is a crucial step to ensure that tree work is legally completed. By understanding the different types of protection, and knowing how to identify them, you can ensure that you’re following the law and safeguarding the trees that you are responsible for. If you’re unsure of the nature of the protection of trees, we suggest seeking advice from an experienced tree expert, such as Northern Beaches Tree Lopping Sydney. Our team of experienced arborists will be able to advise you regarding the status of protection of your trees and guide you through the{ necessary|| required} steps to ensure you are acting within the laws. With our knowledge and dedication to providing high-quality tree services we will help you keep the beauty and worth that your trees have. Contact us today at 1300 941 639 to schedule a appointment, and let us guide you on how to keep your trees protected and healthy.